The Anti-Slavery Examiner, Part 2 of 4American Anti-Slavery Society
History
The Anti-Slavery Examiner, Part 2 of 4
American Anti-Slavery Society
Antislavery movements -- United States -- Periodicals; Slavery -- United States -- Periodicals
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 estate--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 in 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?
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