Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1845-05-30
Slavery in New Jersey,

ure Of New Jersey providing for the gradual extinction
of slavery in the State. Slaves born before certain
date to remain slaves, and children born Of slave
parents who born before 1901 to remain
apprentices until they severay reached the age Of q
years. All Others were be free. There are in the
State about 700 slaves and from 1000 5000 'appren
ces.' The Constitution of New Jersey, which has
recently been adopted by the people, contains a strong
declaration of the right Of every to life, liberty and
the pursuit Of happiness The Constitution provides
that laws mot repugnanr to the Constitution shall
main in full force until repealed, this is plainly imply
ing that those which repugnant are repealed.by
the Constitution ITSELF 1t is commended by the friends
of emancipation that slavery exists only by virtue of
statuelaw and that the laws sanctionng slavery are
repugnant both the spirit and the letter of the Con-
sttution therefore they repealed by its adoption
The question was raised on the return of writ Of
Habeas Corpus, granted by the Court, to compel Ed
ward Van Beuren to bring before the Court Mary Te-
bout and show the Of her detention. Mary is an
apprentice save-born of slave who born before
1904 She is about 10 years Of age and has been sold
three or four times.
Mr. Stewart argued the in favor of the liberty Of
the girl Mr. S. is native Of this State and lawyer Of
no little emincnce in the State of New York. For the
last years he has devoted himself almost exclusively
to the cause of Abolitionism. When at the bar, his
great powers with the court and jury were freely
knowledged by all. His eloquence is Of high order
combining great originality of thought, auence of lam
guage and richness Of illustration with extraordinary
cearness and force of reasoning These characters
tics marked his argument on the present occasion.
lie commenced by invoking the same kind consider
alton of the Court for man-rght that it shows to rights
of property. He said that the Courts of justice, in this
country have devoted of their abors and learning
-. e
property. The controversies about lands and estates
with all the subtle qualifications law logic case hunt
ing library searching, for the opinions ola bygone gen.
Grafton legal thinkers, to prop up overthrow the
passing propositions Of the age comprise much of the
legal effort and all the legal learning of modern times
Considering the mighty questions of human liberty,
which might grow out Of the State and national nsttu
tons and ten thousand other views ofhuman rights it
passing all belief to be told that there is not
volume Of reports, arguments and decisions in behalf
Of the great inalienabe rights Of invaded they
are, at every step Of march, nation and people
The attention of mankind TO have been directed
to the contingencies, Incidents and appurtenances of
the race, rather than to the Man. himself Congress
has manifested far anxiety take of the hats
than Of the heads within them of the boots
than the feet they enclose, and of the than the
bodies they cover That grave assemblies dispute,
from Christmas to dogdays about the Tariff while petit
tons for the abolition Of Slavery in the district Of CO.
lumba are suffered to go unheard. Nothing has been
held cheap humanity, on the average. II every
man had his aquot proportion Of the injustice done in
,hs1and to human rights, the present ffeemen would
commit suicide in selfdefence or else be mpeled to
go to the Pasha of Egypt by the way of Russia for the
protection of bis personal liberty. Long ere this VIC
should have tested behalf of crushed and bleed
ing brother every law and constitution in this land and
elected every particle Of justice and humanity there
from, and ascerained the depth and breadth Of the
stream OF American justice and how far boisterous
18th July pretensions fall in the Of Judicial mer-
cy; how vast the intermnable space between our alb
straetions and practicates! Oh when shall we see
that glorious day when the lion and the lamb shall lie
down together That day, when the law with its
merciul power, shall be extended to all when none
shall be found overriding its injunctions none out Of
the reach Of its protection defending all men, whether
in the field or in the city, on the highway or in the
closet, when its atmosphere shall be respred by the
strong and powerful and the lungs Of the infant in the
cradle shall swell with its holy imitation when the law
shall defend allshall pay the wages due TO the ndi-
vidua laborer, vindcate the right of man to himself
uphold the freedom OF the Indian the negro the mu-
laio, the Chinese and the Asa,ic making freedom for
all, justice for ALL wages for ALL education for ALL and
religion for all.
In order to show the mercy of the Constitution in as
he commended abolishng slavery he went into an elab
crate definition of slaveryusraed by its fearful his
tory, in which he displayed much curious and antique
learning on The subject
He adverted with orvid eloquencc to the noble shirt
Of the English law upon this subject and gave history
OF the famous Somerset Case which argued three
times before Lord Mansfield, and although twice deci-
ded against liberty, finally decided in its favor and
the man set free.
He answered with great effect the arguments used by
the opposing counsel, and drew his remarks to close
by appealing to the Court very earnestly the high
and solemn duty left to them to perform. II is yours
may it please your honors the said put the last the
finishing stroke upon Slavery, in of the noblest old
States Of this glorious confederation II is an honor
which you should Let no man take it from YOU
Leave it not to other hands to finish so noble work.
What would the world say, to case like this, ar
gued j, has been before this Court for two days. with
the full light of the blessed and glorious Constitution
shedding its rays upon it, turned off and decided against
liberty upon the worse than doubtful authority of few
extinct and exploded statutes which stand repealed in
your code by the voice of the people speaking through
Convention of their choice,the acts of which they
have also confirmed by their solemn votes MAY il
please your Honors cannot believe that such will be
your decision. ] have too much faith in my kind for
this feel that New Jersey win hold up the hands of
this Court in coming to the support of freedom and of
free institutions in her borders.
Never can the act be regretted Consciencowill ap-
prove it. Time will approve it, Death-bed reflection
will approve it, Eternity and heaven will approve it,
II has been long, too long postponed But it is not too
late TO come up, manlke, statesmanlike, patriotke,
odlike and declare that it is indeed true in the Ian
guage OF your now organic law, that all within your