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l circumstances--all necessity, public welfare, and the will and power of the government to the contrary notwithstanding--is a total perversion of its whole _intent_. The _design_ of the provision, was to throw up a barrier against Governmental aggrandizement. The right to "take property" for _State uses_ is one thing;--the right so to adjust the _tenures_ by which property is held, that _each may have his own secured to him_, is another thing, and clearly within the scope of legislation. Besides, if Congress were to "take" the slaves in the District, it would be _adopting_, not abolishing slavery--becoming a slaveholder itself, instead of requiring others to be such no longer. The clause in question, prohibits the "taking" of individual property for public uses, to be employed or disposed of _as_ property for governmental purposes. Congress, by abolishing slavery in the District, would do no such thing. It would merely change the _condition_ of that which has been recognised as a qualified property by congressional acts, though previously declared "persons" by the constitution. More than this is done continually by Congress and every other Legislature. Property the most absolute and unqualified, is annihilated by legislative acts. The embargo and non-intercourse act, prostrated at a stroke, a forest of shipping, and sank millions of capital. To say nothing of the power of Congress to take hundreds of millions from the people by direct taxation, who doubts its power to abolish at once the whole tariff system, change the seat of Government, arrest the progress of national works, prohibit any branch of commerce with the Indian tribes or with foreign nations, change the locality of forts, arsenals, magazines, dock yards, &c., to abolish the Post Office system, the privilege of patents and copyrights, &c. By such acts Congress might, in the exercise of its acknowledged powers, annihilate property to an incalculable amount, and that without becoming liable to claims for compensation. Finally, this clause prohibits the taking for public use of "_property_." The constitution of the United States does not recognise slaves as "PROPERTY" any where, and it does not recognise them in _any sense_ in the District of Columbia. All allusions to them in the constitution recognise them as "persons." Every reference to them points _solely_ to the element of _personality_; and thus, by the strongest implication, declares that the constitut
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