Slavery -- United States; United States -- Politics and government -- 1849-1853
Now, it will be seen from all this, that the word “_person_” is used in
the constitution in the most comprehensive sense. It embraces Indians,
if taxed; it embraces natives of Africa; it embraces apprentices and
slaves, or those held to service or labor; and it embraces every
citizen, from the humblest to the highest, from the most true to the
most treasonable. It embraces all, from the slave to the President of
the United States. And after having used the word to embrace all these
classes and descriptions of men, it proceeds to say, in an amendment,
that “_no_ PERSON _shall be deprived of life, liberty, or property,
without due process of law_.” (_Amendment, Article 5._)
The law of Maryland ceded this District to Congress, “in full and
absolute right, as well of soil as of person, residing, or to reside
therein.”
Now Congress, in attempting to legalize slavery in the District of
Columbia, has provided in terms, by its adoption of the Maryland laws,
that one man may hold another man in bondage in this District, “WITHOUT
DUE PROCESS OF LAW,” and indeed without any process of law; may hold
him in bondage from his birth; may beget him, and still hold him and
his posterity in bondage. “Process of law” means legal proceedings and
a jury trial. It is a phrase that does not pertain to the legislature,
but to the courts. It means the institution of a suit in civil matters;
the finding of an indictment, or an information in criminal ones;
the issuing of subpœnas for witnesses, &c., in both. (See _Art. 6 of
Amendments to the Constitution_.)
Now, a slave is a _person_ deprived of his liberty and property,
without any process of law. There has been no “due” process of law to
reduce him to this miserable condition; there has been no process of
law at all. A slave, therefore, in this District, is deprived of his
liberty and property, in pursuance of the laws of Congress, without
_any_ legal process whatever, and therefore in flagrant contradiction
of the fifth article of the Amendments to the Constitution of the
United States. Hence, the act of Congress, purporting to continue the
Maryland laws respecting slavery in this District, was, and is, and
forever must be, until the constitution is altered, null and void.
There is a striking historical fact in regard to the phraseology of
this fifth article of amendment. Its substance was proposed by several
states. Virginia proposed it in the following words: “No _freeman_
ought to be taken, imprisoned, or disseized of his freehold liberties,
privileges, or franchises, or outlawed or exiled, or in any manner
destroyed or deprived of his life, liberty, or property, but by the
law of the land.” (See _3 Elliot’s Debates, 593--Proceedings of June
27, 1788_. _Also, 4 Elliot’s Debates, 216, for the same amendment, as
proposed by the State of New York_.)
Public-domain text, read in full here on John Shaqi.
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