The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Tuesday, April 19, 2016

Emancipation

Neo-Confederates sometimes hold that uncompensated emancipation of the slaves was a violation of the Fifth Amendment.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Now, had the federal government taken the slaves and made them public, presumably federal, property and put them to use building canals or dredging harbors, say, the claim would have merit.

But by emancipating them the government made them to be not property at all, an eventuality to which the Fifth Amendment clause does not pertain.

It may be objected Lincoln as president had no power to emancipate the slaves, but he did it under his war powers and it only affected slaves in states in rebellion against the Union.

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