The Issues of American Politics a Discussion of the Principal Questions Inciden
The Issues of American Politics a Discussion of the Principal Questions Inciden
Orrin Skinner
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The words of the Constitution upon which this argument is based are found in Article V. Of the amendments thereto namely: "No person shall be deprived of life, liberty or property with- out due process of law. " Up to the time that the Thirteenth amendment was promulgated the Constitution impliedly, and to the opening of hostilities the United THE CONSTITUTIONAL AMENDMENTS. 211 States courts expressly, had recognized and affirmed the right of property in slaves. Leaving the confiscation acts of... Congress and the Emancipation Proclamations of Presi- dent Lincoln for the present out of this inquiry, and the question now arises, Does the Thirteenth amendment work such a deprivation of property in the case of former owners of slaves as the Constitution, in the guarantee above cited, contemplates? The clause quoted contains three distinct guarantees. The first two are purely of a personal character, and the last one, as to property, alone requires our consideration, except so far as analogous reasoning will assist the investigation.
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