s his "_due_" of
another, such "service or labor," and _only_ such, is recognized and
sanctioned by this provision.
It needs no argument to determine whether the "service or labor," that
is exacted of a slave, is such as can be "_claimed_," _consistently with
natural right_, as being "_due_" from him to his master. And if it
cannot be, some other "service or labor" must, if possible, be found for
this clause to apply to.
The proper definition of the word "service," in this case, obviously is,
the labor of a _servant_. And we find, that at and before the adoption
of the constitution, the persons recognized by the state laws as
"servants," constituted a numerous class. The statute books of the
states abounded with statutes in regard to "servants." Many seem to have
been indented as servants by the public authorities, on account of
their being supposed incompetent, by reason of youth and poverty, to
provide for themselves. Many were doubtless indented as apprentices by
their parents and guardians, as now. The English laws recognized a class
of servants--and many persons were brought here from England, in that
character, and retained that character afterward. Many indented or
contracted themselves as servants for the payment of their passage money
to this country. In these various ways, the class of persons, recognized
by the statute books of the states as "servants," was very numerous; and
formed a prominent subject of legislation. Indeed, no other evidence of
their number is necessary than the single fact, that "persons bound to
service for a term of years," were specially noticed by the constitution
of the United States, (Art. 1, Sec. 2,) which requires that they be
counted as units in making up the basis of representation. There is
therefore not the slightest apology for pretending that there was not a
sufficient class for the words "service or labor" to refer to, without
supposing the existence of slaves.[20]
2. "_Held to service or labor_," is no legal description of slavery.
Slavery is property in man. It is not necessarily attended with either
"service or labor." A very considerable portion of the slaves are either
too young, too old, too sick, or too refractory to render "service or
labor." As a matter of fact, slaves, who are able to labor, may, in
general, be compelled by their masters to do so. Yet labor is not an
essential or necessary condition of slavery. The essence of slavery
consists in a person's be
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