The Atlantic Monthly, Volume 12, No. 69, July, 1863: A Magazine of Literature, Art, and PoliticsVarious
General
The Atlantic Monthly, Volume 12, No. 69, July, 1863: A Magazine of Literature, Art, and Politics
Various
American periodicals
It is my opinion that a majority of the people of the loyal States
believe, at this moment, that emancipation is the necessary and proper
means to effect the above objects. But whether this opinion be well
founded or not is immaterial to the present question. According to
Chief-Justice Marshall's decision, when it is the right and duty of the
Government to perform an act, (as here to enforce law and suppress
insurrection,) it "must, according to the dictates of reason, be allowed
to select the means." If Congress believes, that, in order to enforce law
and suppress insurrection, it is necessary and proper to take and cancel
all claims to life-long service or labor held in the Slave States, and if
claims to service or labor, whether for years or for life, held by one
inhabitant of the United States against another, be a species of property
not specially exempted by the Constitution from seizure for public use,
then an Act of Emancipation is strictly constitutional.
Congress is to be allowed to select the means; Congress is to be the judge
of the necessity and propriety of these means: Congress, not the Supreme
Court; not even the People in their primary meetings; but the People
constitutionally represented in their National Legislature; the People,
speaking by the voice of those whom their votes have elected to that
Legislature, there to act for them.
If Congress believes that Emancipation is no longer a question of
sectional interference, but of national preservation, it has the right to
judge, and the constitutional right to act upon that judgment. And if
Congress can properly allege, as motive for taking and cancelling a
multitude of life-long claims to service, the preservation of the national
existence, can a consideration of greater magnitude be imagined for any
legislative act?
In proceeding, however, to consummate such a measure, it is evidently most
fitting and proper, that, in the preamble to an Act of Emancipation, there
should be set forth, lucidly and succinctly, the causes and considerations
which impelled to so solemn and momentous an act.
As to the just compensation provided by the Constitution to be paid, when
private property is taken for public use, it is here to be remarked,--
1. If, when a minor is drafted, a father or an apprentice-master has no
claim against the Government for service lost, it may be argued with some
plausibility, that, under similar circumstances of public exigency, a
slave-owner has no claim when his slave is freed. But the argument fairly
applies only in cases in which a slave is drafted for military service,
and returned to slavery when that service terminates. In case of wholesale
taking and cancelling of life-long claims to service, a fair construction
of the Constitution may be held to require, as a general rule, that just
compensation should be made to the claimants.
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