t 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 and
dock yards; abolish the Post Office system, and the privilege of patents
and copyrights? 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 recognize
slaves as "PROPERTY" any where, and it does not recognize them in _any
sense_ in the District of Columbia. All allusions to them in the
constitution recognize 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 recognize 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 recognize 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 settling the principle of representation, requires
their enumeration in the census. How? As property? Then why not include
race horses and game cocks? Slaves, like other inhabitants, are
enumerated as "persons." So by the constitution, the government was
pledged to non-interference with "the migration or importation of such
_persons_" as the States might think proper to admit until 1808, and
authorized the laying of a tax on each "person" so admitted. Further,
slaves are recognized as _persons_ by the exaction of their _allegiance_
to the government. For offences against the government slaves are tried
as _persons_; as persons they are entitled to counsel for their defence,
to the rules of evidence, and to "due process of law," and as _persons_
they are punished. True, they are loaded with cruel disabilities in
courts of law, such as greatly obstruct and often inevitably defeat the
ends of justice, yet they are still recognized as _persons_. Even in the
legislation of Congress, and in the diplomacy of the gene
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