The Works of Robert G. Ingersoll, Vol. 11 (of 12): Dresden Edition—MiscellanyIngersoll, Robert Green
Religion
The Works of Robert G. Ingersoll, Vol. 11 (of 12): Dresden Edition—Miscellany
Ingersoll, Robert Green
Free thought
How can a slave owe service? How can a slave owe labor? How could a
slave make a contract? How could the master have a legal claim against
a slave? And yet, the Supreme Court of the United States found no
difficulty in upholding the Fugitive Slave Law by virtue of that clause.
There were hundreds of decisions declaring that Congress had power to
pass laws to carry that clause into effect, and it was carried into
effect.
You will observe the wording of this clause:
"No person held to service or labor in any State under the laws thereof,
escaping into another, shall, in consequence of any law or regulation
therein, be discharged from such service or labor, but shall be
delivered up on the claim of the party to whom such service or labor may
be due."
To whom was this clause directed? To individuals or to States? It
expressly provides that the "person" held to service or labor shall not
be discharged from such service or labor in consequence of any law or
regulation in the "State" to which he has fled. Did that law apply to
States, or to individuals?
The Supreme Court held that it applied to individuals as well as to
States. Any "person," in any State, interfering with the master who
was endeavoring to steal the person he called his slave, was liable
to indictment, and hundreds and thousands were indicted, and hundreds
languished in prisons because they were noble enough to hold in infinite
contempt such infamous laws and such infamous decisions. The best men in
the United States--the noblest spirits under the flag--were imprisoned
because they were charitable, because they were just, because they
showed the hunted slave the path to freedom, and taught him where to
find amid the glittering host of heaven the blessed Northern Star.
Every fugitive slave carried that clause with him when he entered a free
State; carried it into every hiding place; and every Northern man was
bound, by virtue of that clause, to act as the spy and hound of slavery.
The Supreme Court, with infinite ease, made a club of that clause with
which to strike down the liberty of the fugitive and the manhood of the
North.
In the Dred Scott decision it was solemnly decided that a man of African
descent, whether a slave or not, was not, and could not be, a citizen
of a State or of the United States. The Supreme Court held on the even
tenor of its way, and in the Rebellion that tribunal was about the last
fort to surrender.
The moment the 13th Amendment was adopted, the slaves became freemen.
The distinction between "white" and "colored" vanished. The negroes
became as though they had never been slaves--as though they had always
been free--as though they had been white. They became citizens--they
became a part of "the people," and "the people" constituted the
State, and it was the State thus constituted that was entitled to the
constitutional guarantee of a republican government.
These freed men became citizens--became a part of the State in which
they lived.
Public-domain text, read in full here on John Shaqi.
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