American Eloquence, Volume 2: Studies In American Political History (1896)
History
American Eloquence, Volume 2: Studies In American Political History (1896)
Speeches, addresses, etc., American; United States -- History; United States -- Politics and government
At the risk of repetition, but for the sake of clearness, review now
this argument, and gather it together. Considering that Slavery is of
such an offensive character that it can find sanction only in
"positive law," and that it has no such "positive" sanction in the
Constitution,--that the Constitution, according to its preamble,
was ordained to "establish justice" and "secure the blessings of
liberty,"--that, in the Convention which framed it, and also elsewhere
at the time, it was declared not to sanction slavery,--that, according
to the Declaration of Independence, and the Address of the Continental
Congress, the nation was dedicated to "liberty," and the "rights of
human nature,"--that, according to the principles of the common law, the
Constitution must be interpreted openly, actively, and perpetually for
freedom,--that, according to the decision of the Supreme Court, it acts
upon slaves, _not as property_, but as PERSONS,--that, at the first
organization of the national Government under Washington, Slavery had no
national favor, existed nowhere on the national territory, beneath the
national flag, but was openly condemned by Nation, Church, Colleges, and
Literature of the time,--and, finally, that, according to an amendment
of the Constitution, the National Government can exercise only powers
delegated to it, among which is none to support Slavery,--considering
these things, Sir, it is impossible to avoid the single conclusion,
that Slavery is in no respect a national institution, and that the
Constitution nowhere upholds property in man.
There is one other special provision of the Constitution, which I have
reserved to this stage, not so much from its superior importance, but
because it fitly stands by itself. This alone, if practically applied,
would carry Freedom to all within its influence. It is an amendment
proposed by the First Congress, as follows:
"No _person_ shall be deprived of life, _liberty_, or property,
_without due process of law_."
Public-domain text, read in full here on John Shaqi.
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