Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1838-04-11

and unnamed horse Of the vast prairies Of /
the western wilderness
Man was not slave justly, when made
so by all the forms of our, national Con-
stiiution. Rank injustice lies at the bot
tom Of the principle, even when the slave
had had the benefit of all the forms prepar-
ed by that Constitution for his defence
But because the Constitution was wrong
in making man a slave, even by due
process of law, that is no reason for strip
ping him of the rights and prescriptions,
which the Constitution has flung round
him for his defence. rz.g4 - -.<.,rr; =.
The practice has been, for the lordly
STAKEHOLDER, or his agent, in all the pride
of wealth, to pursue bis fugitive, and on
very slim proof before a magistrate, that
the man had been in his service some
time, or that he had bought him, or that
he was born on his plantation. Without
pushing inquiriessfunher, the magistrate
makes an order and delivers the helpless
fugitive TO his alleged master,
The fugitive is taken from the State of
New Y ork to Alabama. - ~.
Who is there in New York to carry up
this decision of the magistrate to the Su-
preme Court of this State2 The fugitive,
who might claim a title to his body as
plaintiff, is gone. as we'll as the master
who should be the defendant, both out OF
this state How could the Supreme Court
obtain jurisdiction by way of reviewing
the magistrates decision Both parties
are gone from the state. But supposing
some friend of humanity should, at his
own expense, have the magistrates decis-
ion reviewed by the Supreme Court, and
carry the cause there. and that court should
reverse the Judgment OF the justice. What
benefit can accrue 10 the slave2
The Supreme Court Of this state can
issue no writ for deliverance beyond the
bounds of N. York. Consequently, in
the course Of forty-eight years, amidst
the thousands of fugitives who have been
sent into slavery from this state, no argu-
menl in the Supreme Court, or the Court
for the Correction of Errors, involving
the great constitutional rights of the slave,
has ever been considered or debated. One
or two cases have been before the Supreme
Court and Court of Errors on incidental
points, involving an inquiry into the rights
of persons claimed as slaves. The Con-
gress of the U. States would not have
conferred the apparently immense power,
without the trial by jury, upon single
judges, and even single magistrates OF
moderate capacity, with little learning, in
every town and village in the United
States, to decide so great a question, as
whether one of our citizens was a free
man or slave, but upon the presumption
that every Save in the nation at some Pc
riod, had been deprived of his liberty
within the meaning Of the constitution, by
due process Of law and that the record
Of that conviction by a grand and petit ju-
ry. and judgment Of a court, would al
ways be produced, by the master or his
agent, to ihr jury or magistrate, as the
very title deed, proving that the man had
lost his liberty by due process of law.
This is the reason why the act of Con-
gress makes no provision for trial by ju-
ry, in case OF fugitive, presuming that
the man had once had the full benefit of
jury trial, or otherwise he could not be
called slave
But after all, it may be asked, if the
constitution has made provision that no
person shall be deprived of his life or lib
erty, without due process of law, why
may not Congress pass declaratory act,
carrying into Effect the spirit and intention
Of this article Of the constitution
p, IF there be any general principle
which is inherent in the very definition of
government and essential to every step of
the progress TO be made by that Of the
United States, it is, that every power vest
ed in the government is in its nature SOW
ereign, and included by the force of the
term, right to employ all the means re-
quisite and forcibly applicable to the at
tainment of the end Of such power; un-
less they are expected in the constitution,
or are immoral. or are contrary to the es-
sentiaI objects of political society,"" So
says Judge Story. .
The constitution having taken up, stalk
| ed out and defined the great landmarks OF
f personal liberty; and having placed each
, individual or "persom" Of this republic in
condition to enjoy the full benefit of a
, jury trial before court--proceeding up
) on the principles of the common law, be.
fore liberty can be taken away, can it be
tolerated, that states and individuals oil
!, slave states, by the boldest tyranny. shall
f seize upon and defraud 2. 100000 of Amer
lean citizens Of their liberty. and convert
them into abject slaves, in the face of their
= own high and solemn constitutional bar.
+ rier, which was made paramount to all
: state constitutions, laws. usages, Judicial
or legislative! Congress would possess
the undoubted right to say, that the con.
|. stitution of the Union has settled the term.
! and conditions on which a human BEING