Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1849-01-18

as property? No, sir; the only fact implied is,
that have a right to receive the wages when
the labor or duty is performed, according to my
contract. In this case, the claimant agreed that
Lewis should accompany the troops, and the of.
hcer agreed to pay the master twenty five dol
lars per month. The claimant may have made
the same arrangement III regard to any freeman
as he did in regard to Lewis; and when the Ia
Dor was performed, he would have the same
right to the money But in such case, would
the Government be obligat d to pay him for the
body of such freeman. No doubt the same OBJ
legations would rest upon the hirer that now
rests on the Government, and no moro.
But the gentleman from South Carolina Mr..
BURT says, that the act of 1915, leyying direct
taxes, recognizes slaves as property, That law
provides, " that such tax shall constitute lien
upon the real estate and upon all slaves OF ind
viduals upon whom said taxes shall be assessed"
My presumtion is, that this bill was drawn by
some southern man who did not reflect that
slaves were less property under the Federal Con-
stitutlon than they were under the laws OF the
slave States. The gentlemmI does not pretend
that at the passage Of that law, the question
whether slaves were persons Of property, was
raised o. discussed or thought Of. need not
say that a bill passed, sub slentio, constitutes
no precedent. In our courts Of Justice, the Judge
takes no notice of questions not made by the
parties, nor 10 the proceedings ola court form
any authority on points not raised nor discus
sed by counsel, nor examined by the court
The case Of Depeyster, to which referred,
was a stronger case than that of the law of 1915.
My friend from Pennsylvania, Mr.. DIckEY, as
well as myself stated that that case passed
when no one knew it. 1 knew that my lament
ed ficnd Mr.. Adlmsl and myself both intended
to oppose It's passage, and we were both watch
ing it bn' 1t got through when We were uncon.
5clous Of It. Does any man will not say law
yer--suppOse that its passage constitutes any
precedent showing that slaves are propeyty?-
Yet this law of 1915, so far as we know, received
no more attention, Tor at least that part of it re-
latng to slaves than did the act for the relief
Of Depcystcr. 1t can therefore, constitute no
precedent.
The force of precedent consists in the re-
spcct which we pay to the judgment of former
Congress. 1t is therefore necessary, to give a
precedent any force whatever, that the judgement
Of the tribunal should have been exercised upon
the question; and it is material whether it be a
Judicial or legislative precedent. Thus, in each
case that have cited as presidents either in
this House or in committees, you noticed the
questions now under consideration were discuss
ed, and deliboraloh had, and judgment given
upon the point before Now, sir, let me say,
with all due respect to southern gentlemen that
| challenge them to produce an instance in which
this House, or the Supreme Court Of the United
States, or any respectable court of any free
State, has decided Slares to be property in The
Federal Constitutional any case where thatques,
ton has been raised, discussed, or examined.
wish to meet them flirly and distinctly. They
must admit that the trainers Of the Constitution
intended to exclude from that instrument the
idea that there could be property in man. Tc
that point intend to hold them. And call up
on them to meet the record of Mr. Madison, tc
which have referred. Let them deny that re-
cord or carry ont the intentions Of the trainers
Of that instrument.
The gentlemen from South Carolina MIR
Burr says he "should like to know what was
contemplated by that clause in the Constitution
which stpnl0tes for the surrender of fugitive
slaves, unless it be that their owners hold prop
erty in them?" answer, that clause means just
what it says. 1t gives to the holder of slaves
the right to pursue and rccapture them in free
State, precisely as it gives Inc the right 70 pur.
sue and retake my apprentice or my son in any
State to which he may escape. 1t TO more ad
mits the slave TO be property than it admits tic
apprentice or the minor to be property. | an
tired Of hearing this clause Of the Constitution
quoted to prove every doctrine advanced by
southern men. It's provisions are Of the mos
plain and obvious character 1t merely provide
for the rec0ptule and return Of slaves, and moth
ing more.
But my hour is nearly expired. and m,
constituents hold slavery to be a crime of tn
deepest dye. The robbng man Of his none,
or property, or the Selling of his ship on the hig
seas, we regard as grevous offences, whicI
should exclude the perpeuator from human as
sociatlons for the time being. But we look upo
those crimes as Of small Importance when com
pared with that of robbing aman of his labor, hi
liberty, his social, his intellectual enioymants
TO disrobe him of humanity, to disregard an
butalize him. On this account we protest sol
EMMY against beng involved in the wIckednes
and in the crimes of that institution. To-da
we are asked to pay our money for the libert
of our fellow-man We hold that he was en-
dowed with that liberty by his Creator; that
is impious, and in the highest degree crimina
for one man, or Tor Il government, to rob any POI
ton Of our race Of thei: God given rights. A
the representative of a Christian and q more
constituency, deny the right of Congress to in
volve them or me in the support of such crimes
by our compact of Union, 10 such power is de-
egated to Congress. BY the passage of th
bill, we shall become slave dealers ourselves
traders i'll humanity. The people of one Stat
shrink from the foul contaTion. With Mr.. Gel
ry, we held that " zee hare nothing 10 do trhh Slc
very IN The States, but lUe tpW be careful not
gipe ii any SanctiOn;" with Mr.. Madison, W
hold that g it would be prong 10 admit that he
, can be any property IN man :" and with the sigr
ers of the Declaration of American Independ
ence, we hold that 1t is "sey-epjdem truth, tho
t all men are created eguGL" We believe on
rights to enjoy these doctrines unmoles ed b
this Government are as clear and indSputab.
as are the rights Of the slave States to deny ther
in theory and in practice. We claim no super
, oritv of privileges under the compact. We ad
} nit them, under the Constitution, to enjoy the
, slavery unmolested by Congress or by the fire.
States lis blessings and its curses its horror
and its disgrace, are theirs. We neither claiI
, the one, nor will we share in the other. w
will have no partici patton in its guilt. sit
i, the object of our perfect hate" Southern ger
l tlemen may continue to misrepresent us, by say
ing that we seek TO interfere with that instiu
ton in the States; but thank God, VIC have [
last obtained access to the public ear. The pee
pie of the free States now understand that a
our efforts, politically, are based upon the cor
stitutional right OF being exempt from its SUP
port. For years have made it a practice, i
) almost every speech have made in this Hal
{ to guard against misrepresentation, by avowin
ny doctrines. am aware OF the efforts no,
t making by northern presses, letter writers fror
l this city, and editors who pander to the slay
; power, to misrepresent my views, and assal m
| motives. Sir, let me say to those men befor
: Heaven: If they will come up to the work, I
3 mite their influence, and separate this Govern
/ ment from the support of slavary and the slav
= trade, and leave that institution where the Cor
/ stitution placed it-~with the States in which
: exists--with gratitude to God, and with love an
!. rrnnd will tn I'll NV fnllnr-nnnn [ will roth