The Continental Monthly, Vol. 6, No. 6, December 1864: Devoted To Literature And National PolicyVarious
History
The Continental Monthly, Vol. 6, No. 6, December 1864: Devoted To Literature And National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
National Government under the Federal Constitution, are _persons only_,
and not _property_. Were it otherwise, Massachusetts could not forbid
the introduction of slaves from the South for sale there as merchandise;
for Massachusetts could not prohibit the introduction of the cotton or
any property of the South for sale as merchandise within her limits, for
that would have been a prohibition of the _exports from State to State_,
which is forbidden by the Federal Constitution. My own elaborate
argument before the Court, as one of the counsel in that case, will be
found in the appendix to the first edition of the 15th volume of
Peters's Reports. As _persons_, the President has a right to call for
the aid of all residing in the United States, except aliens, to
suppress the rebellion. He has a right to call for the services of the
loyal or rebel masters for such a purpose, as well as for the service of
their slaves.
It cannot be denied, that the masters, whether rebel or loyal, may be
called and even forced by conscription into the army to suppress the
rebellion. Would it not then be strange if the master could exempt his
slaves from similar services? The only right of the master recognized by
the Constitution, is to the 'service or labor' of his slaves. But he has
a right equally strong to his own service or labor; yet both must yield
to the paramount right of the Government to the services of both or
either to suppress the rebellion. There is not a single word in the
Federal Constitution which, either by inference or express declaration,
exempts slaves, more than any other persons, from the call of the
Federal Government to aid in suppressing a rebellion. Such is the
construction given, by the South to the so-called Confederate
constitution, which is much more stringent than ours in that respect,
for it recognizes slaves as property; yet, the rebel authorities, the
rebel congress and government, force slaves, even by conscription, to
perform military duty--to dig the trenches--to make the earthworks--to
erect the barracks and arsenals--to help to make the cannon, small arms,
and powder, and vessels of war--to construct the fortifications--to
transport the provisions, munitions, and cannon for their armies,
together with the tents and military equipage--to raise the food
indispensable for the support of their military forces--and, of course,
they would, _if they dare_, put arms in their hands to meet us on the
battle field. It is clear, then, not as a confiscation of property
(which is also constitutional under certain circumstances), but as
_persons_, that we have a right to the service of the slaves as well as
of their masters to suppress the rebellion. But it is only by
emancipation (with compensation for loss of their services by loyal men)
that the slaves can be called into our army, and used to suppress the
rebellion. A call by the President for the slaves to serve in our
armies, to risk their lives and shed their blood for the Union,
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