If they
escape into free States, the constitution authorizes their being taken
back. But how? 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 recognise 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 recognised 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.
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