The Anti-Slavery Examiner, Part 2 of 4 by American Anti-Slavery Society
page 64 of 1064 (06%)
page 64 of 1064 (06%)
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either directly or by implication. Granting for argument's sake, that
slaves are "private property," and that to emancipate them, would be to "take private property" for "public use," the objector admits the power of Congress to do _this_, provided it will do something _else_, that is, _pay_ for them. Thus, instead of denying the _power_, the objector not only admits, but _affirms_ it, as the ground of the inference that compensation must accompany it. So far from disproving the existence of _one_ power, he asserts the existence of _two_--one, the power to take the slaves from their masters, the other, the power to take the property of the United States to pay for them. If Congress cannot constitutionally impair the right of private property, or take it without compensation, it cannot constitutionally, _legalize_ the perpetration of such acts, by _others_, nor _protect_ those who commit them. Does the power to rob a man of his earnings, rob the earner of his _right_ to them? Who has a better right to the _product_ than the producer?--to the _interest_, than the owner of the _principal_?--to the hands and arms, than he from whose shoulders they swing?--to the body and soul, than he whose they are? Congress not only impairs but annihilates the right of private property, while it withholds from the slaves of the District their title to _themselves_. What! Congress powerless to protect a man's right to _himself_, when it can make inviolable the right to a _dog_! But, waiving this, I deny that the abolition of slavery in the District would violate this clause. What does the clause prohibit? The "taking" of "private property" for "public use." Suppose Congress should emancipate the slaves in the District, what would it "_take_?" Nothing. What would it _hold_? Nothing. What would it put to "public use?" Nothing. Instead of _taking_ "private property," Congress, by abolishing slavery, would say "_private property_ shall not be taken; and those who have been robbed of it |
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