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

have taken. to obey the Constitution Of his i
country 70 discharge the slave and give
him his foil liberty.
2 Upon the same principle, no Judge,
magistrate, OF court in the free or slave
states, IS authorized 10 make an order to
deliver up fugitive slave. unless the mas
Ter produces record ofihe conviction of
the slave. showing that he has been de-
prived Of his liberty by an indictment, tri-
81, and judgment Of a court, or by = due
process of law" Let it always be borne.
in mind that the Constitution, being a SUI.
preme act Of the sovereign people, acting
with the oneness of consolidated empire.
and not as distinct soyereignties. in its
formation, that il becomes paramount to
the constitution, laws or usages Of any sim
gle state, whenever or whatever they con-
flict. So fully sensible that the Constitu-
ton OF the United States world be bat a
rope of sand. unless the same. and the
laws made in pursuance Of it. by the Con-
gress, were paramount 10 all state consti-
tutions aud Legislation, that the American
people did not choose to leave It as mat
ter Of inference. but incorporated the same
into the Constitution Of the United States.
Congress shall have power to make
all laws which shall be necessary and
proper for carrying into execution the fore
going powers, and all other powers vest
ed by this Constitution in the Government
Of the United States, or in any department
or officer thereof" 18th clause Of the Bib
section Of the Isl article.
But more panic ularly the ed section of
the 9th article of the Constitution Of the
United States establishes the proposition,
which is, "this Constitution and the Laws
Of the United States, which shall be made
in pursuance thereof, and all treaties made,
or which shall be made, under the author
ity of the United States, shall be the su-
.preme law of the land; and the judges in
every state shall be bound thereby. any
thing In tie Constitution or laU of tie
state to the contrary notwithstanding"
Il seems to have been matter of very
great anxiety among the politicians OF The
slave states. to satisfy the American peo-
pie that slavery was an institution, recog-
nized in the Constitution Of the United
States. .~.#@5+ ..-..
To be sure they have had great disa-
greeinent amongst themselves as to the ar.
.ticie or section of that instrument in which
this tremendous power of man over man
was lodged, some finding il in one article.
and some 10 another; but they have all a
greed that it does exist some where, ia this
rerered Instrument Admitting that the
monster slavery is permitted to exist with
limitations and festrr ctions, in tie Con sti-
tuition, we contend that it can exist no 9TH
erwise, than as the Constitution has said
it shall exist, which is that mo person
shall be deprirsd Of his liberty, except By
due process Of tas0.'
Untilthi great constitutional pre-requi-
site has been complied with. no man in
the nation can have a constitutional deed
of another's body. and the control Of its
powers. The Shareholder has never seen
fit to comply with the great compact a
greed on, in the Constitution, by which
the power to hold slave was created.
But the STAKEHOLDER has assumed ju-
risdiction over the slave. in the very face
Of the Constitution, and contrary to its SOL
emn interdict, and high behesl. The rea-
son why these unasserted rights Of the
slave have lain dormant and unexamined,
seems to have arisen from the utter ina
bility of one under the bonds of slavery, to
take the very first step, which is to appear
in court of law, to vindicate bis right for
and to himself For ia the slave states
the barbarous rule has become law BY
which every person in whom there is At
rican blood, is presumed to be slave, till
the contrary is made to appear.
The :olored man, instesd of going iutc
the temple Of justice. with the charitable
presumption in his favor, that he is man
and a freeman, comes with u prima faci.
Judgment against all his inaienable rights
The laws Of those states in which slavery
exists. say. in defiance Of the Constitution
of the nation, that the c0lored man is to be
considered a slave, and his having Afri
can blood in his veins is made the test, in
stead of the one laid down by the UniteC
States Constitution; which is a record O
conviction showing the individual a slave
} by due process of law. The Constit"
ton of the United States presumes tn
colored man a freeman wherever he i
found in the confederacy. And that pre-
sumption can only be rebutted by the rec
ord of conviction showing that he has BEEF
. deprived of that liberty by due process o
; law. 47...- @...z .", l..... $3.50.
g.. The Constitution and laws of the sever
al states say the test for the loss of liberr
depends upon mans blood, tie curl Q
; bis hair, the distsnded nostrils, the thick
ness of his lips, or the darkness of hi
} complexion, The Constitution Of the u
4 nited States says it depends not on blood
: ancestry, the country of origin. the shad