State journal. [volume] (Montpelier, Vt.) 1831-1836, 1836-03-29

lature is qualified and limited. 1t is admitted
that right or interest in property once actual
ly vested by law cannot be taken away by the
Legislature, except when taken Tor public use,
and then only on making compensation. This
is made Fundamental! principle in the organic
systems Of this country and without it, law,
TO use the language Of another, would be tyr
amy, and government would be oppression
The Constitution, regarding the right Of prop
erty as ono of the most important OIL rights, and
the protection and security Of it is one Of the
chief objects OF government, declares that no
person shall be deprived oil life, liberty, rprop-
eriy, without due process Of iaiC. This process
is a judicial process, and Of course can eman-
ate only from the judiciary. Besides, no per-
son can be deprived Of legal right, unless he
has forfeited such right. The forfeiture can be
aeccrtaincd and declared only by judicial tri-
bunal. The adjudication is IN It's nature lu-
diciaI act, which cannot be performed any
more Than the process already mentioned can
be issued by the Legislature BECAUSE accor-
ding to the theory aud provisions of the Com
stlluion, one branch Of the Government can
not exercise powers properly belonging TO an
other
But although present vested right cannot
be taken away by direct act OF legislation,
except for the purpose and on the terms which
have been stated the Legislature may, and
constantly does, exercise power over proper
~, in many ways, without being supposed at
all 10 interfere with or disturb the principle Of
vested interests. Not 10 mention statutes Of
limitations, and various other legislative acts
which operate upon the right of property, it
regulates and controls the transmission Of
property by descent, and the disposition Of it
by will. 1t can alter, modify, and change the
law in these particulars as it pleasos. 1t can
say who shall be admitted as heirs, and what
shall be the rule of distribution and division
among them; or it can declare that property
shall not pass at all by descent, but shall, in all
eases, escheat TO the State This NAV seem
a strong, and, perhaps, a bold proposition.
Such law would, indeed, be very impolilc
and unjust, in reference to most species Of
property but, it general and prospective in ts
operation, it would he difficult; to raise any val.
id objection to it, on the ground of consitu-
tIonaI power. The question ofpolicy, Of right
and Justice, is one thing the question Of con-
sttutiona power is another. Who, | ask,
would he deprived Of any actual vested interest,
by law providing that no one shall take, by
inheritance, any right OF property in slaves
Or By law, that all children, bonn of slaves af.
ter certain period, slnll be free ? Such en-.
actmonts would touch no rights, actually vest
u
ing in expectancy merely rights purely po-
tential in their nature and character. Ii may
be added that though repeal of the existing
laws on the subject of slavery in this District
might not affect any actual subsisting right, it
is Obvious that no property could be thereafter
acquired in any person, not living, or held in
service in the District, at the time of such re-
peal.
But | 90 further, sir. If Congress, under
the clause giving it Exclusive legislation in all
cases whatsoever" over the District, has au-
thorlty to impose taxes, and provide how they
shall be raised, for local and municipal purpo-
ses, do not see why it has not power by
means Of taxation, TO effect the abolition Of
slavery here. | say nothing of the right or
justice Of excrting The power for such pur-
pose. lspenk only Of the lcwer, ard Of its
capacity to be used, TO accomplish such an
end. But, however this may be, | hold that
Congress, if the public interest and welfare
require it, may directly, at once cmancipate
the slaves, on making n Just compensation TO
the owners. The clause in the Constitution,
which regulates the taking Of private property
for public USE is not, in my opinion, restricted
to such property merely, as may be converted
and applied 10 the actual use and emolument
of the public. | think the word use, in the
Constitution, is to be understood in liberal
sense, as equivalent TO purpose or benefit; and
that whatever is taken for public purposes, or
for the public benefit, is taken for public use
within the meaning Of the Constitution.
These, sir, are my doctrines upon this very
interesting and important subject. have sta
ted them briefly but frankly; giving a glimpse
rather than a view, Of the reasons by which
they may be sustained. | have felt it incum-
bent upon me to say something, and could
not, in the proper discharge of my duty here,
well say less.
i have not been able to persuade myself
that it would subserve the cause of truth
and justice, contribute at all to the peace of
the country, or serve in any degree, to
strengthen the union of these States, to
withhold the expression of our real opinions
upon this question. The people should not
be blinded upon this subject any more than
upon any other. Since it is agitated, it is
due to the country, it is due to the North
and TO the South 10 state explicitly the
views we entertain upon this most impor-
tant matter To know that Congress has
the power TO abolish slavery in this district,
need not, and will not, produce alarm or
apprehension in any quarter of the Union.
The people every where must feel assured,
and ought 10 rest satisfied, that this power,
like all otherpowers under the Constitution,
will be exercised with becoming wisdom
and discretion; with n just regard to the
interests, not only of this District but of
the whole country. They ought to know,
and must know, that when policy, expcdi-
ency, and justice concur in the measure /;
when it can be adopted with safety to the
Union and security to all-then, and then
only, will the power be exercised and
that when exercised, it will be in such a
manner as shall neither disturb the public
tranquility, nor violate the sanctity OF pri-
yate rights.
Sir, ! think the time must come and will
come, when slavery will cease to exist in
this district. The opinion of all Christen-
dom. tie Onininn of lhn civilineh ,unrld is