pensions, paid by the
United States to their soldiers, shall not be liable to be taken for
debt, under the laws of the states. Have they not authority also to
grant letters of marque and reprisal, and to secure the prizes, to a
ship's crew of blacks, as well as of whites? To those whom the State
governments call slaves, as well as to those whom the state governments
call free?--Have not congress authority to make contracts, for the
defence of the nation, with any and all the inhabitants of the nation,
who may be willing to perform the service? Or are they obliged first to
ask and obtain the consent of those private individuals who may pretend
to own the inhabitants of this nation? Undoubtedly congress have the
power to contract with whom they please, and to secure wages and
pensions to such individuals, in contempt of all state authority. Yet
this power is inconsistent with the idea that the constitution
recognizes or sanctions the legality of slavery.
_Sixth._ "The congress shall have power to provide for the
organizing, _arming_ and disciplining the _militia_, and for
governing such part of them as may be employed in the service of the
United States, reserving to the states respectively the appointment
of the officers, and the authority of training the militia, according
to the discipline prescribed by congress." Also "to provide for
calling forth the militia to execute the laws of the Union, suppress
insurrections, and repel invasions."
Have not congress, under these powers, as undoubted authority to enroll
in the militia, and "_arm_" those whom the states call slaves, and
authorize them always to keep their arms by them, even when not on duty,
(that they may at all times be _ready_ to be "called forth" "to execute
the laws of the Union, suppress insurrections, and repel invasions,")
as they have thus to enroll and arm those whom the states call free? Can
the state governments determine who may, and who may not compose the
militia of the "United States?"
Look, too, at this power, in connection with the second amendment to the
constitution; which is in these words:
"A well regulated militia being necessary to the security of a free
state, the right of _the people_ to keep and bear arms shall not be
infringed."
These provisions obviously recognize the natural right of all men "to
keep and bear arms" for their personal defence; and prohibit both
congress and the state governme
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