Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1851-01-23

retrace their own steps in measures Intentionally
aimed at any Of the unlIoly objects above nam
ed.
Nor should we forget, that, IN the Unltea
States Government, the honor and Prohts Of Oh
fee, and the Presidential patronage, present
strong Indictment to the selfish passions OF men,
to seek for offices, and to combine together TO
retain them when acquired and, OF course 10
Justify the measures by them adopted
Those who affirm that this Statute must De
obeyed until repealed, whether constitutional or
not, do it IN disregard Of principle. so WE'LL
and so generally understood in community, that
their afirmance approaches nigh to an imPeach-
ment of their integrity.
To be sure. those who disobey Statute on
the ground of its unconstllutlonalIty assume inc
responsibility of its being SO decided. No less
40 do those who act in obedience to Statute,
in doing that which would otherwise be tres
pass. assume the responsibility of its being de-
c,ded that the Statute is constitutional. II
man should be sued for arrestlDg or lmprlsonng
fugitive slave under the authority OF the fugi-
tive slave act, and the plaintiff IN that action
should object to the constiiullonRiy Of that
Statute when urged BY the defendant. decis-
, lon Of its constiiurionaity would be the first
step to a valid defence. | should by no means
E dare to act under that Statute in arresting fu-
E gtve and transporting him into slavery, if the
e question were to be decided by an intelligent
and impartial tribunal. Very often have Stat
utes been decided to be void. because unconstl-
: tutional and, when thus void they afford no
protectinn to those " no act under them. This
). is correct view with regard to Legislation IN
general.
This view would lose none Of its force by an
-. admission that the Legislature Of one u the
:, States in our Union should b. presumed to have
authority to enact any Statute which they do
70 enact This because of their independent State
" sovereignty. But that presumption Is met, ana
nj wholly removed. by showing their enactment to
.r be opposed to the cons u,ion pt such State, or
~ the constitution Of the United States As an in
at stance in the latter case, suppose the State Ia"
to IN terms enacted punishment for a crime com
nd mit,ed before such law enacted; or shouic
enact provision, winch, in its operation, slT0ulo
rs. lnvalldate a pre.exstlng contract. But, when
50 We have under consideration Statute enacted
is by the Congress OF the United States, the scale
~. is turned about. The powers Of Congress are
Ie- not general, regulating the rights and duties OF
nd = ,ch individual IN community. but are limited
rs and circumscrbed to, and within those rights
pe- and duties which appertam to the people not as
IN lndi ,duals but az members of the whole United
u.s. States. These powers are particularly ennhier-
IN aled in the Eighth SectiOn,of the First Article
n of the Constitution OF the United States. And
nd any man, who would justify under an act of
al. Congress, what would otherwise be trespass,
nd must find the power to pass such act in said 9Th
CT tection.
ey Those, who seem to suppose the issue before
ot. the country to exist between the law of Noses
Ib and the law Of Congress, and those who are dis
as owning any law higher than the law of Con-
'ry gress may be noticed III connection ! am not
uc aware that have seen any arguments or publ
as. cations, that suppose the law Of Moses abou-
,ur slavery to be higher than the act of Congress
he but have seen pub locations, which deny that
OF Southern slavery is sanctioned by the law OF
di- Noses, and which cite passages very contrary to
ue such sanction. But, if would raise objections
MOI to this statute on account of its being opposed
Nv. by the law OF Moses and the prophets, should
OF not wish to adopt any construction of the law
and the Prophets, which some would approve
mes and others disapprve, according to their severa
, i l.L.. L. IL, ~,
ue, would adopt that infallible Constitution giver
bv our Saviour himself. He says, whatsoever
OF We would that men should do unto you, do "
or even ST. unto them !" an why 'for this is th'
the law and the prophets" This construction cor
'th responds well with all those scriptures which
No unitedly condemn oppression aud every cVl
the work. Those who scout the idea Of hIghe
her, law than that of Congress, must look only
ibe the subject Of a statute of Congress- that bind
OF the chains and letters of slaves Let the table
lort be turned around, and let the statute fasteI
hall chains and letters on white class Of persons
IS OF that should include themselves and their wIVe
able and children, and they wonld lady appeal Il
lpon this higher law and strenuousy urge its dlrcc
Ir- Salutary 3ppllcatloh 10 lhe' case A0' S"5 -
dol pass a law that all men or women or chldIe'
who had ever been cosnIorant in any Stat
men. where slavery is tolerated, and who should b.
arly very nearly of the complexion OF some OF tn
c IN darker Senators, if found North Of Mason &
eve Dixon's line, might lawfully be seized by an,
tent. nerson with or without a warrant, and carrlet
ng' into slavery where they we're once cosmorant
for and impose duty upon every citizen, under Sc
we're penalties to aid in arrestIng and transport
t. ing them into slavery, and such persons wOul
of discover the necessity, and justice too, of som
yer aw higher than such an act of Congress; an
'gs rejoice at Its suitable application to their cast
HE'D If such a statute was pushing its way along i
lpon Congress, no dark compexioned Senator woul
nds propose TO support 1t to The fullest ertent."
glng II seems as # the cant and COMBINATIONS
T;h of the idea Of law, higher than an act OF Cor
ore gress, are mqde without much considerations
Can any reasonable person seriously conten
ON that there would be any binding form to an al
war of Congress which should forbid the exercise
say all the moral virtues, described and commando
to in the Scriptures of the old and new Test
,, to ments or that should command, under seve
nIu penalties, the commission Of all the crimes iC
cree hidden in and by those Scriptures? Ii any pc
TO son should SO contend, it might well, and won
'tlon IN fact, be deemed evidence Of such PERSONS