GDG- Eman Proc & the value of a slave

CWMHTours at aol.com CWMHTours at aol.com
Tue Jan 3 20:32:33 CST 2012


In explaining to tourists the dynamics of the  Emancipation Proclamation I 
use the analogy of a person's  automobile.
 
A slave could (It could happen) be compared to an automobile  for the 
purposes of Emancipation.
 
Now how does that work?
 
In the Dred Scott Decision, not really much of a decision  since the Court 
never heard it, Chief Justice Roger Brooke Taney (Buried in the  Catholic 
cemetery on 5th St in Frederick) said that a slave, according to the  
Constitution is only property and not a human being, that for the purposes of  the 
census a slave is only 3/5s of a human being.
 
He basically said that a slave is property.
 
As property his/her value was similar to a modern  automobile.  An old 
cranky slow slave ( kinda like me) wouldn't be worth  much, nor would a kid.  
But a young healthy slave would be very valuable as  they could do a lot of 
work.  Or if they were a craftsman they would be  very valuable.
 
When Ben Butler, on this basis at Ft Monroe declared slaves  seeking 
shelter could be regarded as contraband property the Linkn gov turned a  blind eye 
to the matter.
 
But actually, in my mind, the Emancipation Proclamation on the  face of it 
is absurd..
 
If not, on principle, downright stupid.
 
I don't quite understand the dynamics of the Executive  Proclamation 
principles. I am not a lawyer.
 
But basically Linkn said that the slaves were property and the  Federal gov 
decided that in areas of rebellion that this property became  "free".
 
Which means, on principle, that if you have certain  circumstances Linkn 
could come in and declare your $30k car free.
 
Free to go where it wants.  
 
Being inanimate it would do nothing but the implication is  that suddenly 
anybody could climb into your car, turn it on, and drive off  anywhere they 
wanted.
 
Why?  How?
 
Because it was "emancipated".
 
How about if the president declared all pots and pans  belonging to people 
who live in, say, Ohio, are now emancipated?
 
That means that I could come into your  home in  Cleveland and take all 
your pots and pans because the President declared that  all pots and pans in Oh 
io are now "emancipated".   "I am just helping them move since they are now 
free"..
 
The President, according to Executive Proclamation, can  apparently, 
according to certain circumstances can come and take your property  away and you 
have no legal recourse.
 
The Supreme Court has never declared the Emancipation  Proclamation to be 
invalid-  which in my mind the principle is insane and  stupid.
 
Your  Most Obedient Servant,
Peter


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