rty, with just compensation
made, for public use. And it will not be argued that a claim of one
inhabitant of the United States to the service of another, whether for a
term of years or for life, is property which has been constitutionally
exempted from such appropriation. It is evident, that, if a claim to the
service of a slave cannot constitutionally be so taken and cancelled,
neither can the claim to the service of an apprentice.

On the other hand, it is to be conceded, as a feature of the utmost
importance in this case, that, when property of any kind to a vast amount
is thus appropriated, the considerations which influence its appropriation
should correspond in magnitude to the extent of the interests at stake.
When the taking and cancelling of certain claims practically involves the
social condition of four millions of the inhabitants of the United States
and the industrial and financial interests of six millions more, it is
desirable that the considerations to justify so radical and far-reaching a
change should be in the nature of imperative official duty rather than of
speculative opinion or philosophical choice.

Let us proceed a step farther, and inquire if there be circumstances, and
if so, what circumstances, under which it becomes the right and the duty
of Congress to take and cancel the claims in question.

The controlling circumstances which bear upon this case may be thus
briefly stated.

1. The Constitution (section 8) confers on Congress certain essential
powers: as, to collect taxes, without which no government can be
supported.

2. The Constitution (same section) authorizes Congress to "make all laws
that shall be necessary and proper for carrying into execution" these
powers.

3. If Congress fail to carry into execution these powers, the Government
is set at nought, and anarchy ensues.

4. An insurrection, extending over eleven of the States comprising the
Union, now prevails.

5. Because of that insurrection, the essential powers granted to Congress
by the Constitution cannot be carried into execution in these eleven
States.

6. Because of the resistance offered by these insurrectionary States to
constitutional powers, it becomes the duty of Congress to pass all laws
that are necessary and proper to enforce these powers.

All this will be conceded; but a question remains. Who is to judge what
laws are necessary and proper to carry into execution the powers,
expressly granted by the C