te property" has been "taken," and since
"compensation" is impossible--there being no _equivalent_ for one's
self--the least that can be done is to restore to him his original
private property.
Having shown that in abolishing slavery, "property" would not be "taken
for public use," it may be added that, in those states where slavery has
been abolished by law, no claim for compensation has been allowed.
Indeed the manifest absurdity of demanding it, seems to have quite
forstalled the _setting up_ of such a claim.
The abolition of slavery in the District, instead of being a legislative
anomaly, would proceed upon the principles of every day legislation. It
has been shown already, that the United States' Constitution does not
recognize slaves as "property." Yet ordinary legislation is full of
precedents, showing that even _absolute_ property is in many respects
wholly subject to legislation. The repeal of the law of entailments--all
those acts that control the alienation of property, its disposal by
will, its passing to heirs by descent, with the question, who shall be
heirs, and what shall be the rule of distribution among them, or whether
property shall be transmitted at all by descent, rather than escheat to
the state--these, with statutes of limitation, and various other classes
of legislative acts, serve to illustrate the acknowledged scope of the
law-making power, even where property _is in every sense absolute_.
Persons whose property is thus affected by public laws, receive from the
government no compensation for their losses, unless the state has been
put in possession of the property taken from them.
The preamble of the United States' Constitution declares it to be a
fundamental object of the organization of the government "to ESTABLISH
JUSTICE." Has Congress _no power_ to do that for which it was made the
_depository of power_? CANNOT the United States' Government fulfil the
purpose _for which it was brought into being_?
To abolish slavery, is to take from no rightful owner his property; but
to "_establish justice_" between two parties. To emancipate the slave,
is to "_establish justice_" between him and his master--to throw around
the person, character, conscience, liberty, and domestic relations of
the one, _the same law_ that secures and blesses the other. In other
words, to prevent by _legal restraints_ one class of men from seizing
upon another class, and robbing them at pleasure of their earnings,
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