Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1847-04-15

be mot repugnant to the ordinance of 1857 be
tween the original States of the territory'-thu'
re-afirming its continuing efficacy.
The ordinance itself conferred upon the peo
pie the right to admission to the Union as a State
upon condition that its Government should be in
conformity with the principle of the compact
thus providing expressly for its own perpetuity
The ordinance, then, is still in full force, and
unchanged, position which has been held by
our own Supreme Court and Judge Mclean.
But this ordinance prohibits slavery, and pro-
vides for the reclamation of fugtives from labor
or service, in the original States, and none 9TH
ers and therefore the act of 1893, which provides
for the recapture of fugtives from other than the
original States is to that extent repugnant to the
ordinance and void.
We can give but meagre outline of the adj
mrable reasoning by which Mr. Chase supports
his conclusions While it does not serve to dis
lpel all doubts, some of which, in almost any
mind, will continue to linger about the tombs of
even a buried belief; yet we see not how it is to
be met or overturned The following extract
presents very forcibly the consequences Of an
opposite doctrine;
"The only exception to the prohibition of
slavery or involuntary servitude, is this restrict
ed right of reclamation. If this right of re-
clamation may be extended to citizens of other
states, the prohibition may be narrowed and re-
strained in its operation, If it can be narrowed
OF restrained, it may be destroyed, The power
which can modify, may abolish. 1t is obvious,
that the prohibition in the ordinance must be
maintained unimpaired or surrendered altogeth-
er. 1t must be enforced as to all slavery and in
voluntary servtude, except that to which fug-
tive from an original state must be surrendered
or it must he held to be no security whatever
against the introduction of slavery into the state.
If it can be successfully maintained, that the
clause in the federal constitution extended the
right of reclamation to the citizens of new states
it will follow that an amendment to that constitu-
ton may give to the citizens of other states, en-
grating into Ohio, the right to bring their slaves
with them and hold them there. An amendment
J, Of the constitution, may be adopted without the
assent Of a single state northwest of the Ohio
and consequently, the entire clause prohibiting
slavery, as well as every guaranty of personal
Il rights contained in the ordinance, may be swept
! away against the will of the people and the
: states Of the northwest"
g The argument we should consider successful
., if it raises a reasonable doubt of the received
construction, for we should lean ;" en- farorcn
HbcratiS It riteua."
The last question to be discussed is the re-
pugnancc of the act Of 1893, with the constitu
- ton of the United States
This repugnance Mr.. Chase establishes by the
:. positive provisions of the constitution, and BY
y the absence of all Legislative power in Congress
y on the subject.
:, The discussion is introduced by most clea
- and in
opinion, the constitution of this Union, to be al
- Anti-Slayery instrument, and containing no sane
ton, in any part of it, of the idea that there cal
: be property in men. The clause with reference
u to tugityes, recognizes right of property, bu
- only legal claim to the services of pcrSOnS.-
a Any immunites, therefore, secured to persons
~ without distinction, belong, of fright, to persons
~ ~ escaped from service
But these immunitles are invaded by the ac
J.. in question. 1t authorizes seizure and confnc
y ment by force, without legal process, while tn
~ constitution provides that emo person shall b
Z deprived Of life liberty, or property, withou
:, due process of law"
j. 1t violates -" the right of the people to be Sc
u cure from seizures" 1t violates the guaranty {
al the right of trial by jury. The act is also voic
~ for lack of any power of legislation in Congre.
% upon the subject The constitution gives thel
VI no power to legislate concerning it. The clau.
y like some others, not intended to confer powt
po, upon the government, is compact between tt
nc States
- We consider both branches of the argumel
u against the constitutional validity of this &C
10 perfectly conclusive.
10. We recommend to the members of the leg
- profession in the city, the perusal of this alb
no and interesting defence Of great constitution
- doctrines. 1t cannot but be of great value
~. them. The insufficient outline, which we ha,
." been able to give may excite their curiosity
- cannot and ought not to satisfy it. Others, n,
~ lawyers by profession. will be interested and il
:. structed by perusal Of it. 1t is argued O
h" broad and general principles, which may be III
~ dcrstood without knowledge of technicaitie
E Ennuz