Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1852-02-12

Now shall make my observations following,
upon the reasonable presumption that no poIiti-
clans, especially wings, will gainsay the author
ity of the quotations from Chancellor Kent, and
Judge Story. In squaring everything by these
laws and rules, challenge any man to fad |
sentence in the Constitution, which, in its
plain common sense, purports to confer upon
Congress any power to legislate about reclaim
ing fugitive slaves from State where Slavery
Is not tolerated. or even from slave State
Such power seems not attempted to be given,
and for the very good reason, that it would be
departure from, and in opposition to, those two
cardinal objects of the Constitution, named in
the preamble Il..would place the Constitution of
the United States, and of each State, in direct
opposition; whereas Judge Story says they must
be construed with reference to each other;
each being supreme within the scope of its pow
ers. The Constitution Of each State is supreme
with regard 10 its claims of obedience to its re.
qurements from all persons residing within its
boundaries; and equally so with regard to the
exercise of due protection over the persons and
rights of all there residing and yielding obedi-
ence to its laws. And, in this view, there is no
no respect of persons, IN regard either to nation,
color, or race.
Suppose that Lord Palmerston, disappointed
at some movement at home, should leave Eng.
land, and take up his residence in Vermont On
the day Of his arrival there also arrives colored
man, who has been a slave. Both, alike must
obey our laws, and both alike are entitled, while
they thus obey to the protection of our laws
The colored man is not slave while thus resi-
ding here. He is as free as Lord Palmerston,
In every respect but ore soon to be named..-
His former master has nc, more right to com.
mand bis services in this State, than any other
citizen here. The power of slave laws over
him IS suspended while he resides here and thus
obeys our laws, and he has right to be pro-
tected by them. His nights and duties in free
State are wholly incompatible with what is
claimed of him by his master in a slave State
But | recoect that, witk regard TO persons held
to service in one State, Ia slave State, if the
reader chooses,) shall not be discharged from
that service, by escaping into another State, by
the laws there. So says the Constitution; and
this consider 10 be in perfect harmony with the
position now contend for. This Constitution
refer to- For will not attempt to draw the
Fugitive Slave Law inso harmony with anything
good and proper in the known worldly To show
this harmony proceed to affirm, that all appa-
rent ncoherence resuks from a habit of think
ing, acting, legisating, in total disregard of the
: plain expressions Of the Constitution.
What them is the difference, in the case sta
ted. between Lord Palnerston and this colored
man, while both reside here? Answer: The
power of the slave law is suspended, while the
coIored mau thus resides here; but he is not
discharged from it. He is liable to be claimed
AMI delivered up to the claimant, and be carried
out from the protection Of our laws, into the at
mosPhere of his former bondage. To take him,
without his being delivered up, is unlawful kid
mapping. And who shall deliver him up? To
DO THIS, no individual has any right. 1t would
, be aiding in the unlawful ktdnappi 90. For the
United States to undertake, under their Consti-
tuition, to take, without q delivering up, is di.
rect aggression upon the sovereignty of the
Stale, and places the Consttuton of the United
States in position ntogonistic and superior ia
that of the States, and that in matter which
concerns the internal police Of the State. This
according to Judge Story, must not be- The
delivering up, then, must be by the State, in &C.
cordance with some regulation or la ws of their
own, adapted to the circumstances of the case
some practical provision to ascertain with Ger
lalnty LIST, whether the colored man ever was a
slave; I'd, whether he was slave to the claim.
ant; Sd, whether he had ever been DISCHARGED
from that bondage in any of the ways IN and by
which such discharge may legally be obtain
ed; 4th, whether the claimant has ever parted
with his claim to any other person. That pro.
vision of the State, to be certain and practica
bic, and not be in direct violation of the Consti
tuition of the United States, must guard the
right of trial, Of such facts as ARE above stated
by jury duly empanneled and sworn. Afte
all this, precept may issue to a proper Office
for the transportation OF the unfortunate mar
from the enjoyment of freedom into the bondage
from which he had escaped. ANY other mode
: or process of delivering up, or delivering uI
by any power except that of the sState, would b.
a violation of other provisions of the Constitu
ton of the United States Such, for instance
is the provision against search AMI seizure anc
). the prohibition TO issue warrants, but upon prob
able cause, and that supported by oath or affirm
alton; and that which says, mo person shall
:, be deprived of life, liberty or prop erty, whou
>, due process Of law" Also this, E" the euumera
! ton in the Constitution of certain rights, shall
not be construed to deny or dispa rage others
). retained by the people," And this also, 9Th
- powers not delegated to the United States b
n the Constitution, nor prohibited by it to tn
States, are reserved TO the States, resi- ecively
- or TO the people," 1t is difficult to conceiv
what could more fully and securely guard III
o. independent sovereignty of the Suites, with re
= gard to what fairly concerns their Internal DC
to lice, or secure the persons and property OF thos
70 residing in, and yielding obedience to the law
OF any State, than what is above cited from tb
n Constitution. Yet the Fugitive Slave Law az
a pears to have over.ridden and trodden unde
foot all tbase sautary guards of the rights of tn
:, State in their sovereignty and the individua
a rights of the people. Moreover, ii has enac,e
o. heavy penalties against any of us, who shouy
ne obey the express command of Scripture in feed
inc. tho kI,,,c.r,, and al..L:.... II