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Page 60
There is one other special provision of the Constitution, which I have
reserved to this stage, not so much from its superior importance, but
because it fitly stands by itself. This alone, if practically applied,
would carry Freedom to all within its influence. It is an amendment
proposed by the First Congress, as follows:
"No _person_ shall be deprived of life, _liberty_, or property,
_without due process of law_."
Under this great aegis the liberty of every person within the national
jurisdiction is unequivocally placed. I say every person. Of this there
can be no question. The word "person" in the Constitution embraces every
human being within its sphere, whether Caucasian, Indian, or African,
from the president to the slave. Show me a person within the national
jurisdiction, and I confidently claim for him this protection, no matter
what his condition or race or color. The natural meaning of the clause
is clear, but a single fact of its history places it in the broad light
of noon. As originally recommended by Virginia, North Carolina, and
Rhode Island, it was restricted to the freeman. Its language was, "No
freeman ought to be deprived of his life, liberty, or property, but by
the law of the land." In rejecting this limitation, the authors of the
amendment revealed their purpose, that no person, under the National
Government, of whatever character, should be deprived of liberty without
due process of law,--that is, without due presentment, indictment, or
other judicial proceeding. But this amendment is nothing less than an
express guaranty of Personal Liberty, and an express prohibition of its
invasion anywhere, at least within the national jurisdiction.
Sir, apply these principles, and Slavery will again be as when
Washington took his first oath as President. The Union Flag of the
Republic will become once more the flag of Freedom, and at all points
within the national jurisdiction will refuse to cover a slave. Beneath
its beneficent folds, wherever it is carried, on land or sea, slavery
will disappear, like darkness under the arrows of the ascending
sun,--like the Spirit of Evil before the Angel of the Lord.
In all national territories Slavery will be impossible.
On the high seas, under the national flag, Slavery will be impossible.
In the District of Columbia Slavery will instantly cease.
Inspired by these principles, Congress can give no sanction to Slavery
by the admission of new slave States.
Nowhere under the Constitution can the Nation, by legislation or
otherwise, support Slavery, hunt slaves, or hold property in man.
Such, sir, are my sincere convictions. According to the Constitution,
as I understand it, in the light of the past and of its true principles,
there is no other conclusion which is rational or tenable, which
does not defy authoritative rules of interpretation, does not falsify
indisputable facts of history, does not affront the public opinion in
which it had its birth, and does not dishonor the memory of the fathers.
And yet politicians of the hour undertake to place these convictions
under formal ban. The generous sentiments which filled the early
patriots, and impressed upon the government they founded, as upon the
coin they circulated, the image and superscription of LIBERTY, have lost
their power. The slave-masters, few in number, amounting to not more
than three hundred and fifty thousand, according to the recent census,
have succeeded in dictating the policy of the National Government, and
have written SLAVERY on its front. The change, which began in the desire
for wealth, was aggravated by the desire for political predominance.
Through Slavery the cotton crop increased with its enriching gains;
through Slavery States became part of the slave power. And now an
arrogant and unrelenting ostracism is applied, not only to all who
express themselves against Slavery, but to every man unwilling to be its
menial. A novel test for office is introduced, which would have excluded
all the fathers of the Republic,--even Washington, Jefferson, and
Franklin!
Yes, Sir! Startling it may be, but indisputable. Could these revered
demigods of history once again descend upon earth and mingle in our
affairs, not one of them could receive a nomination from the National
Convention of either of the two old political parties! Out of the
convictions of their hearts and the utterances of their lips against
Slavery they would be condemned.
This single fact reveals the extent to which the National Government has
departed from its true course and its great examples. For myself, I know
no better aim under the Constitution than to bring the Government back
to the precise position on this question it occupied on the auspicious
morning of its first organization by Washington,
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