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
2. But to Congress, by the Constitution, is expressly given the power to
declare the punishment of treason, without any limitation as to the
confiscation of personal property, including, of course, claims in the
nature of choses in action. Congress may, therefore, take and cancel
claims to service owned by Rebel slave-owners without any compensation
whatever. Under the feudal law, a serf, owing service to a noble guilty of
treason, became, because of his master's guilt, released from such
service.
3. If, because of the present insurrection, set on foot by claimants of
service or labor, such claims, from precariousness of tenure or otherwise,
have diminished in market-value, that diminution may be properly taken
into account in estimating just compensation.
These various considerations converge to this,--that a Preamble and Act of
Emancipation, somewhat in the terms following, may be constitutionally
enacted.
_A Bill to emancipate Persons of African Descent held to Service
or Labor in certain of the United States._
Whereas there is now flagrant, in certain of the United States, an
insurrection of proportions so gigantic that there has been
required, to hold it in check, an increase of the army and navy of
the United States to an extent seldom paralleled in the history of
the world;
And whereas, because of the said insurrection, the execution of
the laws for collecting taxes, and of various other laws of the
United States, heretofore enacted by the Congress in the just
exercise of their constitutional powers, has been, for more than
two years past, and still is, obstructed and defeated throughout
the insurrectionary States;
And whereas it is the right and duty of the Congress to make all
laws which shall be necessary and proper for carrying into
execution the said constitutional powers;
And whereas the said insurrectionary portions of the Union consist
exclusively of States wherein persons of African descent are held
in large numbers to involuntary service or labor,--the white
inhabitants thereof basing their insurrectionary acts upon the
assumption that the security and perpetuation of such involuntary
servitude require the disruption of the national unity, and the
establishment, on a portion of the domain of the United States, of
a separate and independent government;
And whereas a large portion of the said persons of African
descent, so held in servitude, contribute greatly, so long as such
involuntary services are thus exacted from them, to the aid and
comfort of the said insurrectionists, laboring for their behoof on
their fortifications, and for the supply of their commissariat,
and otherwise giving strength and support to various
insurrectionary acts;
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