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


process can hey eonstitutionally Be depriv- i
a of i,-ope for crime, the other from |
ais|1rfnns.
Again, IL the Sd clause in the Cd sec |
ion Of The lth Article fthe Constitution,
which relates In pam to fugitive slaves, the |
people have in their sovereign capacity, !
on this subject, saving that . 20 |
person held 70 service or labor, in one
state under the laws thereof. escaping into
another, shall in consequence Of any laws
or rgulaiions therein. Be discharged from
such service, or labor. but shall be deliv-
cred up on claim Of the party to whom
such service or labor may BE- due"
When the man of South Carolina, puf-
suing bis fugitive slave 70 New-Hamp-
shire. comes and demands his slave to be
delivered up; what will the magistrate Of
the granite state say to the stakeholder of
the Palmelioi acknowledge | am bound
to make out an order and deliver up this
fugive 70 you, as part Of the 6 rand COM
pact OF the Constitution, provided this fu-
gitive has been deprived Of bis liberty by
due process of law For that is the
grand principle on which the men Of the
free states consented that slavery might ex.
st, and only in those cases, where the
person was deprived OF his liberty, by due
process Of law, by indictment, trial, and
Judgment against him. Now, says the
magistrate, know slavery, in no form or
shape under the Constitution, except where
the slave has lost his liberty, by due pro-
cess Of law. and that was the tenure by
which slaves were 10 be holden in the u.
nited States OF America, and by no other,
and 30 the North and the South, East and
West have agreed in the Constitution, and
VI you can produce me record, or the ex
empli6cation Of a record, showing to me,
thar acour Of competent jurisdiction, pro-
ceeding upon the principles Of the CON-
mon law. by the indictment or presentnent
Of q grand jury Of not less than 2or more
than % men who have found that iudict-
ment, or made that presentment on oath,
and that IL men on their oath as a jury
have said on the trial Of the fugitive, that
he was slave, and court has pronoun-
ced judgment thereon. then will make an
order for you to take the person as your
fugitive slave-otherwise, not. No mat
ter what evidence You produce to show
that you own the slave, If your title be un-
broken through FIVE generations of men,
and If you have bill Of sale from him
who claimed the fugitives mo,her and
grandmother, that will not answer. The
word "person" is used for the fugitive
slave, in the Sd clause Of The % section Of
the 4th article" No person held to SER
vice." &c.-The word person here means
slaoe. and in other paris Of the Constitu-
ton the word persons is used for slaves,
as in the Sd clause Of the I'd section OF the
LIST article. speaking of those who shall
constitute the basis Of representation in
Congress. aher including the whole num-
Der Of free persons and those bound to la
boz, excluding Indians not taxed. and '1hree
ifihs Of all other persons, by which
slaves are intended, IN the last part of the
sentence. The slave is designat d unde, ]
the appellation Of "peTsons'' in fixing the
basis Of epresentation-aIso the word
.peTsOM" is emp Dyed to denote the fugitive
slave in the ID section Of the 4th article,
aud the words in the 5th article Of amend.
ments ofth Constitution, nor shall any
person be deprived Of life, liberty, or prop
erty, without due process Of law" must
necessarily include slaves For if il did
not, after having previously twice used the
word "person" where il meant slaves, if
II did not intend to embrace the slave,
there would have been an exception in re-
lation to the slave. The words of the
Constitution have no exception like the
following. {" Nor shall any person Tex
cept slaves be deprived Of their life, lib
erty. and property, without due process OF
law" Any person" is equivalent to ev-
/ cry body. 5
/ The word "person" when used under
the terms ..three-fifths Of NIL other per-
sons" Is used TO designate slaves exclu-
sively. in the sense ills there used, in the
LIST article. s.ra.g. .sr-.. .,
"No person held to service OF labor in
one state, under the laws thereof, escap.
ing" &c, I'd section 4th article. srs Ill.,.
In this article of the Constitution, the
words mo person" means. not only slaves
but white apprentices bound to serve Their
masters for a limited time, and the son.
or daughters of a parent being minors
and mans wife, escaping from the per
son to whom their service is due, to an
other state may be delivered up as well a,
the slave. &c. That the words " no per
son" here, may mean the fugitive slave
! the bound free apprentice, the wife, IN,
son or daughter. it is believed none vii
dispute. 1,sh.a@&
Every person. in the 5th article o
1.-The amendment Of the Constitution, cover
2 1.-THE whole ground of our humanity, an
means every body. without exception, or i
other words, il is as plain as though it ha
: said "no human being now living in th