Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1848-06-22

chat he LET his irebrand burn out, when he saw
another one likely to be used, with the nten-
tion Of restoring his own afterwards.
Mr.. HALE. The Senator makes statement
when he puts his question, l will endeavor to
answer it,
Mr., BUTLER. | ask the gentleman whether
he did not withdraw his amendment with a
distinct notice that he would introduce it a.
Mr.. HALE. | will answer the Senator. |
asked the Presiding Officer of the Senate, if
withdrew the amendment this time, and suffered
the question to be taken on the amendment of
the Senator from Florida, then pending, whether
it would be in order to introduce the amend
ment agan to which he replied in the aflrma-
tive. then withdrew the amendment, giving
notice that | reserved to myself the right to re-
new it if thought proper | can have no hesl-
tation in stating what my intention was 1t was
this if the bill was allowed to remain as 1t was,
did not intend to renew my amendment, Dut'
If other doctors went to dose 1t, meant to try
NV medicine again. / believe the Senator now
understands me.
Permit me to say, that differ entirely from
the gentleman on the other side, who have laid
down the proposition that property in slaves
stands upon the same foundation as other prop
crty mentioned in the constitution. If had
time and opportunity, might present to the
Senate ample authority for the distinction which
thus announce. might bring Judicial decis-
ions of the highest authority from almost every
one Of the Southern States to establish this pro-
position. Slave property is the mere creation OF
local. municipal law; and When, by consent of
its owner it is removed from the territorial Inn
its of that municipal law, it ceases to be proper
ty the thing then merges into man, and, al
though he NAV afterwards return to the territory
in which the character of property was affixed
to him, he cannot be recaptured and made
slave | believe that have one of these decis-
ions before me, and may refer to it.
Davis rs. Joaquin, 5 Harris g. Johnson, l07.-
Stewart as. Cakes, Note, Maryland Court of
Appeals. 1913, 3D. volume U. s. Digest, pp
l12, sec. us.
BY the law passed December II, 1892, chap
1913, sec. 2, 'slaves which shall hereafter be
brought into this Commonwealth, and kept
therein one whole year together, or so long at
different times as shall amount to one year, shall
be free"
The facts arc: This petitioner was the slave
Of the defendant, who is citizen of Maryland,
and resided therein prior to the 10th ofJanuary,
1888, and has resided there ever since That
he owns stone quarry in the State of Virginia,
where he has been in the habit of taking the
petitioner for number of years past, for the
purpose of working in the quarry, making the
time of the petitioners being in Virginia, in the
WHOLE upwards Of one year. The defendant
never resided in Virginia, except for the purpose
of quarrying stones as aforesaid, and always re-
turned to this State, (where his family constant
ly remained as soon as he got sufficient num-
Der of stones to supply his manufactury at Bal
tmore. The petitioner never applied to any
court of record, or competent tribunal in Viz
GINA, for the purpose Of obtaining his freedom
under the laws of that State. The petitioner
was always brought back to this State by the
defendant, without being compelled thereto by
any force or violence. The several times in
Which the petitioner remained in Virginia were
subsequent to the passage of the aboye-menton-
ed law of Virginia
Under this state of facts the Court of Oyer
AMI Terminer discharged the prisoner from sa-
very and the Court Of Appeals confirmed the
judgment
Fake that single case, and you have a most
forcl4u illustration Of the difference that exists
betlwn property in men and property in things
Naa,d it be for a moment conended, that the
titG NJ The owner of horse in Virginia. would
BIZ q lmguished if the horse were twelve months
out Of the State! 1t is then a decided princ-
pie that this right, instead Of being natural
indeleasible right, is a qualified one, dependant
upon the local municipal legislation of the Gov
eminent that undertakes to establish it. Not
long AGO, it was decided in England by Lord
Mansfield, that, in "Somersetts" case, the COM
mon law and civil law were both against the
right or wrong, whichever you may please to call
it; and, wherever it exists, | venture to say
may challenge its advocates the world over to
find decision of any responsibility in which it
will not be held, that the right, wherever it ox-
lists, exits solely by virtue of the local legislation
establishing it; and that, when the individual
goes beyond the limist of that legislation, he
becomes free--hat right in this country being
qualified by the provisions of the Constitution,
requiring States to surrender fugitive slaves
Without going any further south, | might
stand here till the shades of evening should fall
upon us, detailing to the Senate, in language
which might poorly attempt to initiate the dos-
olating and demorazng influence of this ins-
tuition upon every interest of State. | might
90 to Virginia, and, selecting my authorities
from among the most eminent statesmen that
have adorned this country, both Of the living and
the dead, bring to you volumes of testimony as to
the desolating effects and influences of this ins-
tuition; compared with which, the widest fanat-
csm, against which You rail, would be stale and
inspid. But forbear. Let me, however, ad-
vert to one fact which has impressed itself upon
my memory with peculiar force. have seen it
in the other House. l have listened to and read
it. When gentleman of the free States have des-
canted on the evils of slavery, and the iniquity
of this Government lending itself to its further
extension and perpetuaton, gentlemen from the
slayeholding States have Immediately ,etorted
and said, "You have fastened it upon us-it was
the avarice Of New England merchants engaging
ing In this trade, and the averice of the mother
country, which fastened this institution upon us
against our consent; and now, whilst you are
enjoying the fruits Of this traffic in the wealth
which by it you have amassed, why reproach us
with III" Now, let me in all candor and kind
ness ask these gentlemen if there is justice in
their reproach, why shall we subject ourselves
and our posterity to the same reproach, from the
inhabitants of the territory over which we are tc