The Anti-Slavery Examiner, Omnibus

by American Anti-Slavery Society

The celebrated Roger Sherman, one of the committee of five appointed to draft the Declaration of Independence, and also a member of the Convention that formed the United States' Constitution, said, in the first Congress after its adoption: "The constitution does not consider these persons, (slaves,) as a species of property."—[Lloyd's Cong. Reg. v. 1, p. 313.] That the United States' Constitution does not make slaves "property," is shown in the fact, that no person, either as a citizen of the United States, or by having his domicile within the United States' government, can hold slaves. He can hold them only by deriving his power from state laws, or from the law of Congress, if he hold slaves within the District. But no person resident within the United States' jurisdiction, and not within the District, nor within a state whose laws support slavery, nor "held to service" under the laws of such state or district, having escaped therefrom, can be held as a slave.

Men can hold property under the United States' government though residing beyond the bounds of any state, district, or territory. An inhabitant of the Wisconsin Territory can hold property there under the laws of the United States, but he cannot hold slaves there under the United States' laws, nor by virtue of the United States' Constitution, nor upon the ground of his United States citizenship, nor by having his domicile within the United States jurisdiction. The constitution no where recognizes the right to "slave property," but merely the fact that the states have jurisdiction each in its own limits, and that there are certain "persons" within their jurisdictions "held to service" by their own laws.

Finally, in the clause under consideration, "private property" is not to be taken "without just compensation." "JUST!" If justice is to be appealed to in determining the amount of compensation, let her determine the grounds also. If it be her province to say how much compensation is "just," it is hers to say whether any is "just,"—whether the slave is "just" property at all, rather than a "person." Then, if justice adjudges the slave to be "private property," it adjudges him to be his own property, since the right to one's self is the first right—the source of all others—the original stock by which they are accumulated—the principal, of which they are the interest. And since the slave's "private 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 forestalled 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 into 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, their time, their liberty, their kindred, and the very use and ownership of their own persons. Finally, to abolish slavery is to proclaim and enact that innocence and helplessness—now free plunder—are entitled to legal protection; and that power, avarice, and lust, shall no longer gorge upon their spoils under the license, and by the ministrations of law! Congress, by possessing "exclusive legislation in all cases whatsoever," has a general protective power for ALL the inhabitants of the District. If it has no power to protect one man, it has none to protect another—none to protect any—and if it can protect one man and is bound to protect him, it can protect every man—all men—and is bound to do it. All admit the power of Congress to protect the masters in the District against their slaves. What part of the constitution gives the power? The clause so often quoted,—"power of legislation in all cases whatsoever," equally in the "case" of defending the blacks against the whites, as in that of defending the whites against the blacks. The power is given also by Art. 1, Sec. 8, clause 15—"Congress shall have power to suppress insurrections"—a power to protect, as well blacks against whites, as whites against blacks. If the constitution gives power to protect one class against the other, it gives power to protect either against the other. Suppose the blacks in the District should seize the whites, drive them into the fields and kitchens, force them to work without pay, flog them, imprison them, and sell them at their pleasure, where would Congress find power to restrain such acts? Answer; a general power in the clause so often cited, and an express one in that cited above—"Congress shall have power, to suppress insurrections." So much for a supposed case. Here follows a real one. The whites in the District are perpetrating these identical acts upon seven thousand blacks daily. That Congress has power to restrain these acts in one case, all assert, and in so doing they assert the power "in all cases whatsoever." For the grant of power to suppress insurrections, is an unconditional grant, not hampered by provisos as to the color, shape, size, sex, language, creed, or condition of the insurgents. Congress derives its power to suppress this actual insurrection, from the same source whence it derived its power to suppress the same acts in the case supposed. If one case is an insurrection, the other is. The acts in both are the same; the actors only are different. In the one case, ignorant and degraded—goaded by the memory of the past, stung by the present, and driven to desperation by the fearful looking for of wrongs for ever to come. In the other, enlightened into the nature of rights, the principles of justice, and the dictates of the law of love, unprovoked by wrongs, with cool deliberation, and by system, they perpetrate these acts upon those to whom they owe unnumbered obligations for whole lives of unrequited service. On which side may palliation be pleaded, and which party may most reasonably claim an abatement of the rigors of law? If Congress has power to suppress such acts at all, it has power to suppress them in all.

It has been shown already that allegiance is exacted of the slave. Is the government of the United States unable to grant protection where it exacts allegiance? It is an axiom of the civilized world, and a maxim even with savages, that allegiance and protection are reciprocal and correlative. Are principles powerless with us which exact homage of barbarians? Protection is the CONSTITUTIONAL RIGHT of every human being under the exclusive legislation of Congress who has not forfeited it by crime.

In conclusion, I argue the power of Congress to abolish slavery in the District, froth Art. 1, sec. 8, clause 1, of the constitution: "Congress shall have power to provide for the common defence and the general welfare of the United States." Has the government of the United States no power under this grant, to legislate within its own exclusive jurisdiction on subjects that vitally affect its interests? Suppose the slaves in the District should rise upon their masters, and the United States' government, in quelling the insurrection, should kill any number of them. Could their masters claim compensation of the government? Manifestly not; even though no proof existed that the particular slaves killed were insurgents. This was precisely the point at issue between those masters, whose slaves were killed by the State troops at the time of the Southampton insurrection, and the Virginia Legislature; no evidence was brought to show that the slaves killed by the troops were insurgents; yet the Virginia Legislature decided that their masters were not entitled to compensation. They proceeded on the sound principle, that a government may in self protection destroy the claim of its subjects even to that which has been recognised as property by its own acts. If in providing for the common defence the United States government, in the case supposed, would have power to destroy slaves both as property and persons, it surely might stop half-way, destroy them as property while it legalized their existence as persons, and thus provided for the common defence by giving them a personal and powerful interest in the government, and securing their strength for its defence.

Like other Legislatures, Congress has power to abate nuisances—to remove or tear down unsafe buildings—to destroy infected cargoes—to lay injunctions upon manufactories injurious to the public health—and thus to "provide for the common defence and general welfare" by destroying individual property, when it puts in jeopardy the public weal.