Not as the property of an “owner,” but
as “persons;” and the peculiarity of the
expression is a marked recognition of their personality—a
refusal to recognize them as chattels—“persons
held to service.” Are oxen “held
to service?” That can be affirmed only of persons.
Again, slaves give political power as “persons.”
The constitution, in settling the principle of representation,
requires their enumeration in the census. How?
As property? Then why not include race horses
and game cocks? Slaves, like other inhabitants,
are enumerated as “persons.” So by
the constitution, the government was pledged to non-interference
with “the migration or importation of such persons”
as the States might think proper to admit until 1808,
and authorized the laying of a tax on each “person”
so admitted. Further, slaves are recognized as
persons by the exaction of their allegiance
to the government. For offences against the government
slaves are tried as persons; as persons they
are entitled to counsel for their defence, to the
rules of evidence, and to “due process of law,”
and as persons they are punished. True,
they are loaded with cruel disabilities in courts
of law, such as greatly obstruct and often inevitably
defeat the ends of justice, yet they are still recognized
as persons. Even in the legislation of
Congress, and in the diplomacy of the general government,
notwithstanding the frequent and wide departures from
the integrity of the constitution on this subject,
slaves are not recognized as property without
qualification. Congress has always refused to
grant compensation for slaves killed or taken by the
enemy, even when these slaves had been impressed into
the United States’ service. In half a score
of cases since the last war, Congress has rejected
such applications for compensation. Besides,
both in Congressional acts, and in our national diplomacy,
slaves and property are not used as convertible terms.
When mentioned in treaties and state papers it is in
such a way as to distinguish them from mere property,
and generally by a recognition of their personality.
In the invariable recognition of slaves as persons,
the United States’ constitution caught the mantle
of the glorious Declaration, and most worthily wears
it. It recognizes all human beings as “men,”
“persons,” and thus as “equals.”
In the original draft of the Declaration, as it came
from the hand of Jefferson, it is alleged that Great
Britain had “waged a cruel war against human
nature itself, violating its most sacred rights of
life and liberty in the persons of a distant people,
carrying them into slavery, * * determined to keep
up a market where MEN should be bought and sold,”—thus
disdaining to make the charter of freedom a warrant
for the arrest of men, that they might be shorn
both of liberty and humanity.