Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1850-06-06
SLAVERY IN VERMONT.
Remarks of Mr.. Upham,

Mr.. President, when rose Yesterday stated
hat did not propose 10 offer any remarks on
The question then pending before the Senate, be-
cause had been confined to my chamber two
months by severe indisposition, and had no, gain
ed suficen. strength for such an undertaking.
And stated, also, that rose simply for the pur-
pose of correcting a mistake which had been
made by the honorable Senator from louisiana.
in regard to the constitution of the State OF Yer
mont. When the honorable Senator alluded to
sister State whose constitution tolerated a sys-
TEN of peonage, that is. slavery for debt, did
rot notice that he alluded 10 the State of Yer
mont Ny attention at the time was directed to
another quarter, and ! did moi knnw that he alu-
ded to the State of Vermont until was SO in
formed BY friend Had known it at the time
| should have risen aud begged the Senator 10
Weld the floor, SO that ght have corrected the
mistake la the course of his remarks on s'a-
very in Mexico he alluded TO The syslem of pc
onage, which, as understand it, compels the
debtor to serve his creditor until lis debt is
paid and. if it is not Pnid in his lifetime, his
children and his chIldren's children are held 10
service until the debt is discharged. The cred
ito, however, takes good care that the debt Is
not discharged during the debtors lifetime, nor
that of his posterty. understood him to say.al-
so that in Vermont the constitution OF that State
position he read the FIRST article of the bill Of
rights in the constitution OF the State Ut Yer
mont, which is as follows:
That all men are born equally free and inde
pendent, and have certain natural, inherent, and
inaienable rights, amongst which are the enjoy
Ing and defending life and liberty, acquiring, pos
sesslng. and protecting property, and pursuing
and obtaning happiness and safety. Therefore no
male person, born IN this county, brought from
over sea. cunLt 10 be holden by law to serve any
person servant, slave, or apprentice, after he
arrives ut the aye oi twenty one years; nor fe
male In like manner after she arrives al the age
of eighteen years, unless they are bound by their
own consent after they arrive at such age, or
bound by law tor The payment Of debts, dimages,
iaes, costs or the like"
The honorable Senator conten1ed that this
section fully established The fact that slavery was
sustained there for the payment of debts. can
inform hin, however, that 10 such system was
err established in the State of Vermont. The
first constitution of Vermont as esiab sh d il lie
ear l777, uad the government was conducted
under that constitution for sixteen years. Du-
rns thai period sundry laws we're passed punish.
ing slight ofieuces with fines. Some Of these
fines were recoverable by action of debt, on the
statute, the money recovered paid into the
town terasury, and others were prosecuted bv
way OF information and indictment. for The puf-
pose Of collecting the fine; and the law author
ICED the asistrste before whom the offender
was brought and convicted, If he had no means
of paying the debt damages or fine. instead Of
committing him to Jail TO assign him to the ser
vice OF the person who would pay the amount OF
the debt, or hne and costs for the shortest period
OF service. This law was in force when the
constitution of 1893 was adopted. There were
then some instances in WEIGH The respondents,
being unable 10 pay penalties thus imposed, were
assigned TO The scryice of persons who came
forward and paid the amounts recovered for GER
tam periods OF service. These laws, however,
far as they relate to the assignment of persons
tc service, have long ago been repeated. Laws
OF this character have, | believe, existed in nearly
all The States in the UnIon
Now, SIR. this section declares that no person
ou9 ut TO be bound by law 10 service after he ar
rlves at the age OF twenty one years, and 10 fc-
male alter she arrives at the age OF eighteen
years, unless by virtue of voluntary contract
entered iato by them after their arrival at lawful
age TO Contract for themselves. By that Sec
ton. then, all the males are emancipa:eh at
twenty one years OF age, and the females at the
age OF eighteen years. After they arrive at their
majority, they nay enter into voluntary contracts
to serve, aud when they make such contracts
they are bound BY law 10 perform them. But if
they neglect 10 serve according to their con-
tracts, the only remedy for the paftics agcrieved
Is sulls at law TO recover damages COR lhe iniu-
ries sustained by breaking of the agreements.
The terra " slave" is used in This section. The
census Of 1870 shows seventeen slaves in Yer
mont, and at The adoption of the constitution of
Vermont IN 1913 there were probably in the
Sale some few slaves, and the object was their
emancipation.
Sir, IT appears that The Senator from Louisiana
has made This discovery after the Government of
Vermont has been in existence for nearly sixty
years under her present constitution. But. sir, I
have made discovery which will doubtless be
as new and startling to the people of Louisiana
as the discovery made by the honorable Senator
from LOUISIANA will be to the people of Vermont
l have discovered that the fundamental law OF
Louisiana makes her free State ind in her
consultation the following declaration:
"Tiat III order TO secure 10 all the citizens
thereof tue Ell joyment of the rights OF life, liberty,
and property, they 1.-THE people of Lousan, do
ordan and establish The following constitution
o. form of Government, and do mutually agree
with each oIher 10 form ourselves into free and
independent State, by the ame OF the State of
LOUISIANA"
Yes, sir, to secure The rights of life, liberty,
and property, the people of Louisiana adopted
their constitution and mutually agreed to estab-
lish free and independent State. The word
slave. or slavery, is not mentioned in her const-
tuion from the beginning to the end of it and
still more than forty four per cen; of her popula
ton are slaves.
do not desire 10 detan the Senate further
on tie present occasion. | merely wished to ex
plain this article of the constitution of Vermont,
and the laws which were subsequently framed
under it. And say again, that no constitution
OF other law ever existed in Vermont tolerating
slavery for debt; but that on the contrary, those
laws applied only TO persons convicted of often
ces against the laws, aud were intended not SO
much for the recovery CT the penalties inflicted,
as to operate as a wholesome example, and pre-
vent the necessity of resorting 10 imprisonment
as check upon vice. There were many in
stances in which men would be guilty of light
offences, punishable, perhaps by a fine Of ten or
hlieen dollars; and rather than imprison such
Criminals, and thereby exclude them forever
from society, the law says to them, "you may
pay the penalty imposed for your delinquency
by your labor-you may 60 and work for the in
dvidual who will pay the amount adjudged
against you for the shortest term of SERVICE"
The Senator from Louisana, in ais address yes
terday, made aIusion to the Vermont resolutions.
In relation to those resolutions l shall not cay
ally thing on the present occasion, but when