The Nations Trial the Proclamation Dormant Powers of the Government the Con

Cover The Nations Trial the Proclamation Dormant Powers of the Government the Con
The Nations Trial the Proclamation Dormant Powers of the Government the Con
Edward F Edward Fitch Bullard
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Porter, by Judge Bronson, held : " That though no constitutional inhibition interfered, the legisla- tive power did not reach to such an unwarrantable extent. That neither life, liberty or property, except when forfeited by crime, or when the latter is taken for public use, falls within the scope of its power, and that when it steps beyond the bounds of its power, its acts, like those of the most humble magistrate in the land, are utterly void. " (4 Hill. ) While slavery existed de facto, it mi...ght be argued that the slave was not deprived of liberty, because he never had any to lose.
If that argument is sound so far as the border states are concerned, it can have no application in those states where the proclamation has already made them legally free.
If in defiance of the constitution, of right, and of the laws of God, the legislature of South Carolina can make a single person a slave, then, indeed, there is nothing to restrict it from following the pre- cedent of Herod, and enacting that all male children, under a cer- tain age, shall be slain.


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