Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1838-04-11
VOL. x. NO. 90.
have since been so ably discussed. had
hardly been grazed by the inquirers after


, But after, all, unless slavery has cor
t rupted our language, 80 faras 10 makesit
"palter in a double sense, and while it
keeps the word Of promise TO the ear, il %
meant to break it to the hope !" unless Il
has changed the primitive meaning, and
eat out the very heart and soul Of words,
employed and understood as having GER
tain and fixed ideas, which the words rep.
resented from the days of King John in the
Vale Of Runney Meade, to the day of the
final adoption of the Federal Constitution:
then can we have no doub, that every hu.
man being in this Union. black or white.
bond or free, has invaluable blessings Sc
cured to him by the 5th Article OF the q.
mendments TO the Constitution. The stur.
dy barons and wise men of England,
compelled a volatile King to subscribe
Magma Charta 500 years ago, containing
the words Of our article; aud from that
day to this, every Englishman and Amer.
lean has claimed the invaluable principle
that no person should be deprived of hss
life. liberty, or property, With0ut due pro-
cess Of ta1o." as part Of his inheritance
and birhright.
The first inquiry we shall institute, is
to know what is meant by the words,
without due process Of law" For il is
importan: to know what that "due process
of law" can BE- which has power to de-
prive man of his life, liberty, or proper.
ty. And on this subject, it is believed no
lawyer in this country or England, who
is worthy of the appel alton, will deny thai
the true and only meaning of tie phrase.
I" due process Of taao,'' is an indictment or
presentment by grand jury, of not less
than twelve, nor more than twenty-three
men "a trial by petitit jury of twelve
men, and judgment pronounced on the
finding OF that jury, by court
Judge Story, in his commentaries upon
the Constitution of the United States, page
663, speaking of this sentence Of this art.
Gle of the Constitution, says "that the
other part of the clause is but an enlarge-
ment of the language of Magma Charta--
nee super cum abimus, nee super cum nit
timvs, misi pen legate judieiunl pariune su-
or~m Del per legem terra, '-netthero M
zoe pass upon him, or condemn him, but by
the lawtuL judgment of his peers, or 5v
the laa0 of the land. Lord Coke SAYS that
these latter words, per tsgem terra, 10y
the law of the land, mean by due pro.
cess of law that is, without due present
ment or indictment, and being brought in
ito answer thereto, by due proct IS of law
So that this clause. in effect, aifirms the
right OF trial according 10 process and pro-
ceedings Of common law" $50
In fact, this constitutional pro vision j,
nothing but one of those invaluable prin.
ciples, priceless in character, drawn from
the vast quarry of the common law. The
trainers of the Constitution, tearing and
knowing that different rule OF. principle
prevailed in some OF the states, in relation
to certain unfortunate persons, known IN,
der the name OF sLares, determined to in.
corporate this branch of Magma Charta
into the Constitution, as a fundamsrtaI
law OF the confederaey, believing that Eve
hundred years of eventful experience PROV
I'd its soundness, as chief corner stone ia
the edIhce OF constitutional Liberty. Here
it will remain forever canonized, not as
new principle, but as an old one in a new
place. 49, = .E4s.sr.sz
1t must not be forgotten, that before.the
Revolution which separated US fion,sttfe
: British empire. no provision was made.as
between the Colonies Of this country, for
the surrender of fugitive slaves. Neither
was there any thing said on the subject of
slaves, in the articles of confederation.
which lasted twelve years, or as to the re-
sIoratlon of fugitives Therefore, so far as
the northern states were concerned, in the
adoption OF the Constitution, they assumed
new and peculiar position in relation to
slavery, before the world. The North
having agreed to share equal legislative
power with the South, in relation to the
District Of Columbia, and the territories
where slaves might be, and having obi
gated themselves, though free states, to sur
render fugitive sIaves-being thus under
the double obligation of acting in disobedi-
ence to the plain and unequivucal dictates
of humanity, in agreeing to surrender tie
fugitive slave. or rather 10 kidnap him TO-.
the benefit of thu stakeholder: aud if this
slave should raise the standard of insur-
reetlon, In defence of the most tnnobfnp
and holy Of human principles 1.-THE love Of
lIberty,) the man OF the Nouh further a.
greed to Smother all respect for the nobifi-
ty OF the act, and, indefance of bis con-
science, go and pour his blood out in the
suppression of that instruction: all of
these engagements on the part of the man
ofthe Moth. gave aim full power to insist
on what forms should be gone through
with. to constitute and make the man, a
slave, whom be was bound to kidnap. and
/ restore to his master, and kill on the field
!, of battle for the crime of loving and assert.
r ing his liberty. The men of the free states
being made partakers in the crime of