Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1846-08-20
The UncOnstitutionaIity of Slavery.
TO THE PEOPLE OF THE U. STATES:
BY HON TITUS HUTCHINSON.

BY HON. TITUS HUTCHINSON.
TO THE PEOPLE OF THE U. STATES:
With regard to the institution of Slavery in the
United States, the former Cooni es, now States.
am not disposed to examine its introduction with anv
view to ascertain whether it was from ignorance or
cupdlty, or both; but that it WIS anil is, and ever will
be, babarous institution wherever and so long as il
shall continue, am ready to maintain So ithas ever
been viewed by the great men of our country, even
Shareholders themselves, whose patriotism and cour-
age induced them to speak out boldly on the subject
The selcvidont truths spoken by the united voice of
all the members of the Continental Congress, on the
fourth of July A. D. l776, cut up the whole system of
slavery root and branch No language could contain
a stronger condemnation. It soon withcred and died
in some of the colonies while in Others now states
this condemnation disregorded and the system
cherished, and probably strengthened.
In due time the constitution of the United States
was formed and established, and some pretend that
this constitution sanctions the system of slavery.
am wholly opposed to any such opinion. Furthermore
contend, that there can be no law in the United
States nor any state, reducing en- 10 bondage unles,
1t be as punishment for crime but what is opposed tc
this constitution, and therefore void.
Before entering upon the discussion of this point
would present caution against practical moryrdom
would caution every person, who, before or after
reading these remarks, shall believe the laws made tc
support slavery, unconstitutional and void, not to vo-
late such laws because he or ! may think them void
but regard them he expects the court will regard
them.
My mind lights upon the case of Mr.. John Van
Zandt of Ohio. According to tie account ofhis case
in the public Gazettes, he obeycd the laws of human
ty and the laws of God by furnishing relief to some
persons fleeing from the oppression of slavery to a
land of freedom. According to that account he ac-
ted in the line of duty, having no reason to believe
that any court would give construction and support
to any law which would break down the command OF
God and the principles of humanity. He therefore
acted correctly in the line of his duty. Prudence may
dictate different in like cases, should they oc-
cur, now it is understood that decision has been
made, that such worthy acts Of benevolence may, in
certain cases, be treated and punished as a crime
have never been informed whether the unconstitu-
tonality of the law urged in defence Of Mr. Van
Zandt. Whether it was or not it ought to be urged
cause. And will venture hope and strong expecta-
ton, that the Supreme Court of the United States
will consider and pause great while, before they
will decide the conduct Of Mr.. Van Zandt to be a
breach of any law which is of binding force as applied
to that case. fought TO expect, and do expect thai
the court will apply the settled principles of law to that
case just as they would to a case where slavery was
not concerned.
Now it is understood that Mr.. Van Zandt has been
condemned under the statute of Congress- of Feb 10Th
I793 not for giving aid to any persons held to service
as punishment for crime, but for giving aid to those
who it was commended, were held to service by being
slaves merely.
In showing this oct of 1893 void as applied to sucl
a case, | begin by observing the common and univer
sal understanding of statesmen, politicians and Judges
that Congress can enact no law which is not author
lied by the constitution ofthe United States, and thu
must be an authority expressly granted by the people
in the constitution itself, or it must be an authority ne
cessary to give effect to those powers thus eXposs
granted This has been everywhere and so often said
shall treat it as settled law. 1t must necessarily b
so from the very nature Of our federal government
Each of the twenty-six States is sovereign and indie
pendent of all other powers whatever, except what o
their independence they have granted away to th'
government of the United States to enable them t.
give, and as compensation for, the protection need
full for each and every state and, whatever Of their in
dependence any state, or the people Of any state hav
conceded away to the U. Statesth concession is mad
by the the constitution of the U. s., and made witt
all the limitations and explanations therein specified
and through fear, that would at some period b.
claimed, than intended to be granted, and tIa
powers would be claimed by construction rather thai
grant, the constitution itself contains the following pre-
ventive, to wit:
"The powers not delegated to the United States b,
the constitution, prohibited by to the states ar
reserved to the states, respectively, to the people,
See article 10th of the amendments.
next observe, that fany law constitution Or nstru
ment of any kind, contains preamble specifying til
reason and object and point to be secured by the ma
king of such law, constitution instrument ever
thing afterwards contained in such law, constitution q
instrument, if it will bear construction consisten
with, and afordng support to-, such reason, object an
point to be secured must have such construction
and no construction contrary to such object containe
in such preamble, should ever be INDUCED unless for
ced upon the court by the express terms of such law
constitution or instrument This rule of construction
will meet with no opposing sentiment in any respeca
BILE author; and its reasonableness will probably b
admitted by every one Well, what have the severa
states of this union informed US was the obectof thel
compact with each other and grant Of powers to tn
United States? They have told it all in the pream
BILE of their compact, and grantthe constitution of tn
United States. And here is:
eve, the people of the United States, in order
form more perfect union, establish justice, insure do