Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1836-03-25
VOL, IX--No. GOA.

gina and Maryland ceused, the jurisdiction
of the United States commenced: aud the
whether Congress can abolish
slavery in this District, depends, not upon
any powers granted to it by the Legsla-
lures of Virginia and Maryland, for they
could grant none, but upon the powers
gven to 1t by the Constitution of the
United States.
The Constitution, as we have already
seen, gives to Congress exclusive legsla-
ton in all cases whatsoever" over the
Distrct--p wers as large and extensive as
could well be conferred, and probably rs
full and absolute a, belong 10 the Leglsa-
lures Of any Of the States. Congress, then
in its local Legislation for its District must
have ut least as ample power over slavery
within lis limits as any State Legislature
possesses. or can exercise, over slavery IN
any Of the States.
Sir | hold, aud suppose it will not be
denied, that the law OF the land Is the
foundation Of all rights Of property. They
exist only by and under the law, and cannot
exist independent it. They may be said
TO owe their origin and existence to the
Legislature. This is literally and pacu.
llary The case with respect to the right
of property in slaves. No such right, it is
well known, is recognised, or even toIera-
ted, BY the common law. 1t is true that u
century and half ago the cooft of com.
mon pleas in England adjudged that irouer
would lie for a negro boy. ''because," said
the court, "ttey were heathens, and therefore
q man might hipe property in Mem." But,
in a subsequent case, few years after
wards, in the Kings Bench, it was deter
mined by the whole court that tr0rer would
not lie for q negro any more than for any
other man. for, by the common law, said
Lord Holt, mo man can Lave property in
another
In all the States where slavery cxlsts,tho
right of property 10 slaves must be derived
from positive enactmcnts of tho Legisla.
ture and in this District, take it, that,
independent Of legislation, either original
on the part of Congress. or adopted by it,
the right does not, and would not exist at
all. But it is probably not very material,
as to the power OF the Legislature over it.
whether the right Is derived from acts of
positive legislation, or from the common
law.
have said, sir, that all rights Of property
owe their origin and existence either to
statute or common law; and say further,
that it cannot be maintained that the Lee
gislature, as the law-maker, has no power
whatever over the rights of property. The
proposition certainly Is not lrne in gen-
eral and unqualified sense. The clause in
the Constitutions OF the States ard of The
United States which provides that private
property shall not be taken for public use
without compensation, certainly implies the
existence Of a power IN the Legislature
over it. If law is made by which Il per-
sou is deprived Of the right to certain pro-
pnrly, taken for public use, Il is by virtue
of such law that the property ceases to be
his and though the law provides n com.
pensallon, the rlgh, OF property is not the
less taken away against the VIII Of the
proprietor.
The truth is. the rights Of property are
subject to legislative action and Interference
except where such action or Interference
is prohibited or restrained by constitutional
provisions. So far as restrictions are im>
posed upon it by the Constitution, the pow.
, or of the Legislature is qualified and lin.
tied. Ii is admitted that right or inter-
est in property once actually vested by
law cannot De taken away by the Lesisa.
ture, except when taken for public use and
tlIeu only on making compensation. This
is made fundamental principle in the or
ganlc systems of this country; and without
1t, law, TO use the language of another,
would be tyranny, and government would
be OPPRESSION. The Constitution, regarding
the right of property as one Of the most
! important of rights, and the protection
and security of it as one the chief objects
| of government, declares that no persons shall
be deprived of life, liberty, or property,
without due process Of ta,o. This process
| is a judicial process and of course can en-
anate only from the judiciary. Besides, no
person can be deprived of right, unless he
has forfeited such right. The forfeiture
can be asce rtaped and declared only by
judicial tribunal. The adjudication is in
It's nature judicial act, which cannot be
performed any more that the process al
ready mentioned can be issued by the Leg
saluTe; because, according to the theory
and provisions of the Constitution, one
| branch of the Government cannot exercise
powers properly belonging to another.
| But although present vested right can.
not be taken away by a direct act Of legls-
arion, except for the purpose and on the
terms which have been stated, the Leglsla.
ture may, aud constantly does. exercise
power over property, IN mary ways, wlth-
out being supposed at all TO interfere with
or disturb the principle of vested interests.
| Not to mention statutes of limitations, and
varlons other legislative acts which operate
upon the rights OF property, It regulates
and controls the transmission of property
by descent, and the disposition of 1t BY
will. 1t can utter, modify, and change tho
law in these particulars as it peases. 1t
can alter, modify and change the law in
these particulars as it peases 1t can say
who shall be admitted as heirs, and what
shal be the rule Of distribution and division
among them; or it can declare that proper
| ty shall not pa at all by descent, but shall,