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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