Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1836-03-29


cash To- the u. y. ION snd absolute Jurisdiction
nter Il appcur- FROM the act ~ Virgins that iuris
dc,inn was surrender 20 the Y. s. TO be held and
cNrtsiscd 'pnrsudaf' ~ the oct expresses ". ia
H. sitlh sstiIH j TAR FIRST article Of Tie Consiifu
lion IF tie United Siaie'." That .cciion.ii will be-
s.en eonfers upon Congress exclusive Legislation
in all Eases Whatsoever over the territory. When
the Jurisdiction ofviteius aud Msrylsn ccs scd I he
jurisdiction of the Y. Sialcs commenced; aud the
querri,n. whether Congress can abolish slavetv IN
this District depends, no, upon any powers granted
To II by The legislatures Of Virginia and Maryland,
for they could rfan' ~, but upon the powers CIV
en- 10 IT hl tho Constitution uf the u. \.
The Constitution, as we have slre,ds seen.
gives 10 Congress exclusive Legislation in all casts
Whatsoever over the District -powurs were as
large aud extensive a. could well be conferred md
probably as full and absolute belong To the
Legislatures Of any Of The State. Congress, then
AZ lis local legislation for IFS District mus, have
at least rs ample power over slavery within us
limit "s any State Legislature possesses or can
/ exercise. over slavery ia any of the States
Sir hold and suppose it will not be denied
That The law # the land is the foundation of all
tights Of property They exists onl, by and I'm.
der the la~, and cannot exist independent of il.
They may be said to owe Their origin nd eais,ance
10 the Legislature. This is literally and peculiarly
the case with respect tn the right Of property in
slaves. No such light IT is well known, is rccoc-
nised, or ever tolerated. by the common law. 1t
IS True that a century and half ago the court Of
ccpmon please in England udindccd that irope,
would lie :or negro boy, because said the
court, hey hoohns and therefore a man might
hare property in hcm.' But in subsequent case.
a few years after wards. in the Kings Bench.i was
determined nv I,n ubn hat,
not lie Cor n negro any more than for any ether
man, "ior ny the common law" said Lord
Hon. mo man can have q property in anoth.
er."
In all the STATES where slavery exists, the right
OF property in slaves must be derived from pnsiiye
enac'tneu,s Of the Legislature; and in this District
take 1t. that, independent of legislation, either
"rgnll on the part of Congress-, or adopted by il,
The right does not, aud would not exist at oil. -
But It is probably not very maieriaa to the pow
err of The Legislature over it, whether the right il
derived from acts Of positive legislation, or from
the common law.
have said, sir, that all rights Of property owe
their origin and existance either to statute or com
mon law and II further that it canno, be maintain
ed that the Legislature as the law-msker, has NJ
power wh'teve, OVER the right uf property. The
proposition certainly Is not true in general and
Of The STATES aud nf the United States which pro.
'idcs that private property shall not be taken for
nnblIc use without compensation, certainly implies
he existence of power IN the Legislature over
u. la law is nude by which a person 10 deprived
OF The right IN certain property, taken for public
use IL Is by WITH" OF such law that the property
ceases to be his: and though the law provides a
compensation. the right Of property is not the
less taken away against the will Of the proprc-
tor.
The truth is, the rights of property are subject
10 legislative action and interference except where
s'sh action or interference il prohibited or rcstrpp
ed by constitutional provisions. So far q restric.
lions are imposed upon it by the Constitution, the
power ct the Legislature is qualified and limited
IL Is admitted that right or interest ia property
once actually vested by law cannot be taken
away by the Legislature, except when taken for
pubic Use and then only on making compensa
'l"n' This is made fundamental Principle in the
organic systems of his country; and without it law
10 use the language of another, would be TYRANNY
ana government would be- OPPRESSION The Con
S,'tu'i'n regarding the right Of property as ona of
'he most Important of rights, and the protection
ana security ct 1t of the chief objects of gov
erHeht, declares that no persons shall be deprived
81 lie, liberty, or property, without due process of
law. lIs process Is judicial D. ocess and of cours.
Gun eminale only from The judiciary. Besides no per
son Gu be deprived Of right, unless he has for
h'ed such right. The forfeiture can be ascertain.
co and declared only by a judicial tribunal. The
aoJllica'ion Is IN lis nature judicial act. which
cannot be performed any more than the process al
ready mentioned can be issued b. the Legislature;
because, according 10 the theory and provisions of
he Constitution, one branch of The government;
cannot exercise powers properly belonging to a.
her.
but although present vested rglt cannot be
-hcn away by direct act of Legislation. excep, |
for the purpose and the TENS Z bich have been
stated, the Legislature may. aud constantly does
exercise a power oveI property, in many uavs
without beng supposed at all tu interfere with q,
distOrb the principle of vested interests. M, T.,
mention statutes of limitations and various o,ba, |
legislative acts winch npernie upon the rights of
property, It regulates and c0nirouls the iransmss
ION property by descent,and the disposition of !, no
Will. l. can alter, modify and chiupe The I,,v J., |
these particulars rs II please. II can sav who
sha be admitted heirs and what ,b,u Lo ,ha
H.