Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1846-08-20


might even choose this state Of things If we take it
either way, it regulation of Representation and d.
rect taxation while slavery shall continue, and is per-
ectly consistent with the well known wish and OK
pecation of American Patriots, and of great major
ty of the tramels of the constitution, that slavery
should soon be brought to close. This was realized
in several of the sates but its continuance in ohes
claims the exercise of powers, and exhibits SCENES
which threaten to shake the foundation of our fair
Republic.
proceed to notice another clause of the constitution
which may ncautousy have LED to the passage of the
act of Feb 10Th, 1893 and, with greater want of eau
ton, led to construction of that act wholly unwa-
rantcd by the constitution. refer to part dissection
I'd, article 1th which is as follows:"No person. held
to service or labor IN state, under the laws thereof
escaping into another, shall, in consequence Of any
law or regulation therein be discharged from such
service or labor but shall be delivered up. on claim Of
the party to whom such service or labor may be DUE
Here, again, nothing is sad, expressly about slaves or
slavery; but it has been concnded that slaves esca
ping INTO other states answer the description here Civ
en-, and therefore must have been intended This mer-
its some consideration both id point Of law and fact
First in poin; of law. And here | plant myself up
on principle which no one in the profession of the
law will ever dare to deny, to wit, If two consruc.
tons Of this clause of the constitution are conended
for, one of which is at war with the whole foundation
and object of the constitution ITSELF and the other
would meet not only supposabe cases, but cases Of
frequent occurrence all future time, and be in per-
feet conformity with the foundation principles and OBJ
Jects OF the constitution, the former construction must
be rejected, and the latter admitted Now, if slaves
come within the description Of the persons thus csca-
ping (which is by no means admtted) to extend this
provision to them, would place this clause of the con
sttutlon in direct warfare with the preamble and
whole object of the constitution itself
The constitution is mace 10 secure liberty. This
construction would be the destruction of liberty
What is slavery but the exercise of despotic power
over the weak and helpless, who are unable to resist
such power? 1t is the deprivng them of all their lib
erty that renders them slaves Should they escape
from their bondage into land of Freedom and be over
taken found there, are we to be tod that the bes
sings Of liberty arc to be secured by provision to
take them back forciby and reinstate them in their
bondage: Who will risk their reputation thus to rea
son?
But put slavery out of the question: and this clause of
the constitution contains suitable provision for cases
which may frequently occurn every State in the Union:
and such application be perfectly consistent with the
preamble and whole objects Of the constitution BY the
laws of every State persons may be legally bound as
apprentices, and persons Of age may bind themselves
in service for term Of years, by their own voluntary
contract and persons convicted of crimes may be held
to service in the several pcnitentiarcs under the laws
of the respective States, punishment for their
crimes. When such persons escape from their service
and get into another State, this is just the provision
wanted to reinstate them in their service; and this
provision, by mutual compact sanctions and egalizos
and renders proper, what would otherwise be an nva-
sion Of the sovereignty OF the State in which they may
be found Hence the Inference that, by no fair legal
construction can this clause Of the constitution be ap-
piled to the carrying back into bondage those who had
escaped from the oppression of slavery mo free
State or State whore slavery is not tolerated.
But how should this question be viewed in point Of
existing facts? In examining facts, as well as law
when any two views can be fairly taken, that
should be embraced which is most favorable to liberty
Let this reasonable rule direct our investigation up
on this subject.
When, therefore, slave escapes from one State in
to another in what sense can it be said of him that
person held to service labor, under the laws of one
State, has escaped into another? In discussing this
point the State laws of slavery will be treated as
binding force. But shall advert to this again.
In what legal sense are slaves persons? As men
and women, and children, they are persons, but a,
slaves they are not persons The method the law
have taken to make them slaves, is, 10 reduce then
from persons to things The oracle of the Englisl
law, Judge Blackstone, predcaes division of his vol
umes upon the distinction between the rights of per
sons and the rights Of things. But slaves have ne
rights as persons. They have no rights as members
of the community no civil rights. They are made
and are become things. They are mere goods anc
chattes. Under the laws of slavery, slaves are NJ
more persons than cattle and horses If they VIII
claim them have any title to them, under slave laws
it is not persons but as goods and chattes How
then, they be permitted to set up title to then
uHuCI III" vi CulloIllullOu WHICH gives una e9udLc
no title or powers over goods and chattes, but only
over persons? If their cattle and horses should STRAY
into noghboring State, they might just well CLAIM
them under law that affects persons only, and no
goods and chattels. What farce this would appea
when reduced to practice
Again, in what sense are slaves held to service o
labor by the laws Of the State from whchhey escape
In just the same sense that oxen and horses are thus
held to service or labor, There is no law about it.
is merely the exercise of brute force have read
section of law, that slaves should not be kept at abo
more than fifteen hours in twenty-four. Should it b
contended that this implies right to force them to la
Dor the fifteen hours the is that it Is checking
portion of the exercise of brute force and should b
construed to extend no farther in its strides agains
liberty than its expressed provisions. Asherein befor
observed, no implication should deprive man of hi
rights. And it is presumed that no State has any Law
which purports to act upon the slave enforcing an
duty in him, to perform any service or labor All Their
u.s. seems formed to protect the pretended owner
uaster overseer or driver in the exercise of brut