The seventh article of the amendments to the constitution is alleged to
withhold from Congress the power to abolish slavery in the District. "No
person shall be deprived of life, liberty, or property, without due
process of law." All the slaves in the District have been "deprived of
liberty" by legislative acts. Now, these legislative acts "depriving"
them "of liberty," were either "due process of law," or they were _not_.
If they _were_, then a legislative act, taking from the master that
"property" which is the identical "liberty" previously taken from the
slave, would be "due process of law" _also_, and of course a
_constitutional_ act; but if the legislative acts "depriving" them of
"liberty" were _not_ "due process of law," then the slaves were deprived
of liberty _unconstitutionally_, and these acts are _void_. In that case
the _constitution emancipates them_.
If the objector reply, by saying that the import of the phrase "due
process of law," is _judicial_ process solely, it is granted, and that
fact is our rejoinder; for no slave in the District _has_ been deprived
of his liberty by "a judicial process," or, in other words, by "due
process of law;" consequently, upon the objector's own admission, every
slave in the District has been deprived of liberty _unconstitutionally_,
and is therefore _free by the constitution_.
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