existed nowhere on the national territory, beneath the
national flag, but was openly condemned by Nation, Church, Colleges, and
Literature of the time,--and, finally, that, according to an amendment
of the Constitution, the National Government can exercise only powers
delegated to it, among which is none to support Slavery,--considering
these things, Sir, it is impossible to avoid the single conclusion,
that Slavery is in no respect a national institution, and that the
Constitution nowhere upholds property in man.

There is one other special provision of the Constitution, which I have
reserved to this stage, not so much from its superior importance, but
because it fitly stands by itself. This alone, if practically applied,
would carry Freedom to all within its influence. It is an amendment
proposed by the First Congress, as follows:

"No _person_ shall be deprived of life, _liberty_, or property,
_without due process of law_."

Under this great aegis the liberty of every person within the national
jurisdiction is unequivocally placed. I say every person. Of this there
can be no question. The word "person" in the Constitution embraces every
human being within its sphere, whether Caucasian, Indian, or African,
from the president to the slave. Show me a person within the national
jurisdiction, and I confidently claim for him this protection, no matter
what his condition or race or color. The natural meaning of the clause
is clear, but a single fact of its history places it in the broad light
of noon. As originally recommended by Virginia, North Carolina, and
Rhode Island, it was restricted to the freeman. Its language was, "No
freeman ought to be deprived of his life, liberty, or property, but by
the law of the land." In rejecting this limitation, the authors of the
amendment revealed their purpose, that no person, under the National
Government, of whatever character, should be deprived of liberty without
due process of law,--that is, without due presentment, indictment, or
other judicial proceeding. But this amendment is nothing less than an
express guaranty of Personal Liberty, and an express prohibition of its
invasion anywhere, at least within the national jurisdiction.

Sir, apply these principles, and Slavery will again be as when
Washington took his first oath as President. The Union Flag of the
Republic will become once more the flag of Freedom, and at all points
within the national jurisdiction will r