aves 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 sunk 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 constitution _knows_ them only as
"persons," and _will_ not recognise them in any other light. If they
escape into free States, the constitution authorizes their being taken
back. But how? Not as the property of an "owner," but as "persons;" and
the peculiarity of the expression is a marked recognition of their
_personality_--a refusal to recognise them as chattels--"persons _held_
to service." Are _oxen_ "_held_ to service?" That can be affirmed only
of _persons_. Again, slaves give political power as "persons." The
constitution, in settli
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