Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1862-02-27
PROPFRTY m s5AN.
Ertrae, ron For,AoonIns Ponsioal Hl.-

terys
In 1878 the House Of Representatives was
upon The discussion Of property
ia nan. The doctrine had but once bssn
presented to that body. Il had then been
rejected With great unanimity. But the
slave power had increased in strength and
influence. soulhsrn members had adc0nstantly
inculcated the opinion that slaves were prop
erty; and now they determined on establish
ing precedent to that effect. The question |
arose e. follows;
In December, 1914, while the British for
ces were approaching New Orleans, General
jackson, commander OF the American army,
ordered the impressment Of horses, carts and
slaves, for the erection Of defensive works 10
protect the city. A horse, cart aud slave of
the claimant 'Marigney D'AntriVe" were
Impressed; the cart was destroyed, the horse
killed, and the slave wounded by thu cannon
shot OF the enemy; and the owner now pre-
sented his memorial to Congress for indem-
nifty. The Oomnlttee on Claims reported &
blll giving compensation for the horse and
cart, but in their report which accompanied
the BILL they stated that 'the Government
had not regarded slRves as property, nor
paid for them when lost In the public ser
vice"
The bill came up for consideration in Com
mittee Of the whole House, when Mr.. Liv-
ingston, of Louisiana, moved an amendment,
granting compensation for the loss of the
/ negro's services while confined by his
wound, and for expenses in dOctoring and
nursing him.
Thus was the question fairly presented
/ Il was also presented by one of the ablest
and most influential members of the slave
States. BE was one of the most eminent
lurists Of the nation. Born and educated in
New York, be selected New Orleans as his
residence, and now, holding seat in Con-
gfess, be welded an influence ever both slave
and free States. He spoke boldly and direct
ly TO the point declaring the question vital
to the existence of the slave S Rtes; said he
could not believe the Committee intended to
establish the doctrine that slaves "lveTe not
property" BE then maintained, by histor-
ical facts, that the institution existed prior
to the Constitution; that all the States save
one or two treated slaves as property, and
all of the present slave States declared them
such by their laws that the Constitution
gave no authority for the federal Govern
ment 10 interfere with them in any manner;
the States holding them independent of the
federal Government, as legal property; if
taken for the public use, they must be paid
fof. The Committee (said he) assert "they
are not property" What are they then p
If they are not our property, we have no
right to their services, and they aye legally
free. BE then maintained the sovereignty OF
the States, and the sacredness of State pow
er, and concluded by an expression of his
confidence that the amendment would be
adopted.
Fortunately for our institutions, aud for
the cause Of humanity, there were members
of that body who had associated with the
trainers Of the Constitution, had caught the
spirit and retained something of the patriot
ism Of that heroic age-men who were con-
temporaries of Madison, and recollected the
memorable words of that great statesman,
when in convention he declared 'it would
be wrong to admit in that Constitution, that
nan can hold property IN man."
Much interest was felt, and some anxiety
was perceived in various parts Of the House.
as members came to reflect upon the import
anee Of the question presented.
NE W A4htAN1Cgf u OuAOf . AnCuluOL VI kuo
COMMITTEES on Claims, had reported the bill,
and he was now expected to defend it and
to YiRdicate the action OF the Committee
he, too, was lawyer Of some reputation, a
man of facts and figures, rather than rhet-
orieian. BE possessed an indomitable indus
try, which had, even at that day, given him
an influence. particularly in the department
of private claims. Possessing great integri-
ty Of character, he was at all tines unsssum-
ing, and had never sspired to the position Of
a speaking member" But with him duty
was imperative, and he did not falter in meet
ing the distinguished gentleman who moved
the amendment he spoke like q lawyer
who had prepared his case for hearing
Avoiding al reference g fuPaaHsp gysFE gSEiH7
claim for he loss Of slaves, that had come
before the committee since the adoption of
! the Constitution. He cited every report that
/ had been made, either in print or in manu-.
| script and showed that one rule had gov
erned them, and that was rule Of constant
and undertaking rejection of every similar
claim. he went farther, and showed that
during the revolution, although many slaves
were lost in the public service, none had been
paid for. The question had been present.
cd % the House Of Representatives, in 1916.
when passing bill to indemnify persons for
property lost in the public service, a gentle.
man from South Carolina, had moved an
amendment authorizing payment for slaves.
but the proposition had been rejected bv an
over Ehslming majority.
1t now became evident that if the amend !
ment of Mr.. Livingston were adopted, the
past construction of the Constitution must
be overturned, and it was clearly seen that
serious work was before the House. But
Mr.. Whitlesey was sustained by Mr.. Mccoy,
STAKEHOLDER of Virginia, also member of /
the COMMITTEES, the only man who spoke
against the amendment attempted in isI6.
II was also known that Mr.. Williams. of
North Carolina, a man Of great experience
and chairman Of the COMMITTEES, also concur.
red in the report. These circumstances add
ed much weight to the argument of Mr..
Whittesey.
But nothing dauntsd By these considera.
tiona seveholding members with apparent
confidence, asserted the former practice of
the house to have been wrong and unjust.
All nations had held slaveg even the chosen
people of God had set the example. An
regarded them as properly and it was un-
just to interfere with the institution. That |