Slavery -- United States; United States -- Politics and government -- 1849-1853
The Virginia amendment used the word “freeman.” It proposed that no
“freeman” should be deprived, &c. The New York amendment used the word
“_person_.” And the amendment was adopted and ratified, almost in the
words of the New York phraseology. The word _person_ was chosen, and
therefore Congress has no constitutional power to deprive of life,
liberty, or property, _without due process of law_, any being embraced
in the definition of that word. By its own selection of words it is
debarred not merely from depriving a “_freeman_,” but from depriving a
“_person_” of this right.
When Congress attempted to legalize and perpetuate slavery in this
District, it violated the fourth article of the Amendments, which
declares “the right of the people to be _secure_ in their persons,
houses, papers, and effects, against unreasonable searches and
seizures.” If Congress cannot authorize domiciliary searches and
seizures against a single individual, can it degrade a whole race
of men to the condition of slaves, and then say that _because they
are slaves_, they shall not be “secure;” but shall be at the mercy
of any alleged master, in regard to their persons,--to be commanded
and restrained, to be bought and sold? If Congress cannot authorize
searches and seizures of houses, papers, and effects, can it get round
the constitution, by saying we will create a class of persons who shall
have no power of owning any houses, papers, or effects, to be searched
or seized?
Again; Congress shall pass “no bill of attainder.” What is a bill
of attainder? It is a bill that works corruption of blood. It
disfranchises its object. It takes away from him the common privileges
of a citizen. It makes a man incapable of acquiring, inheriting, or
transmitting property; incapable of holding office, or acting as
attorney for others; and it shuts the door of the courts against him.
These disabling consequences may descend to a man’s children after him,
though this is not necessary. Now, to pass such a bill is a thing which
Congress cannot do. But when Congress undertook to legalize slavery in
this District, it undertook to do all this, and worse than all this.
It attainted, not individuals merely, but a whole race. A slave is an
outlaw; that is, he cannot make a contract; he cannot prosecute and
defend in court; property cannot be acquired by him, or devised to
him, or transmitted through him. A white man may give his testimony
against him, but he cannot give his testimony against a white man. He
is despoiled of his _liberam legem_,--his birthright. He cannot own
the food or clothes he has earned. What is his, is his master’s. And
this corruption of blood, which the law of slavery works, does not stop
with the first, nor with the second generation,--not with the tenth
nor the ten thousandth; but by the theory of the law, goes on forever.
Bills of attainder, during the history of the worst periods of the
world, have applied to individuals only, or at most to a family. But
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account