Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1853-07-07
The Constitution and Slavery.

1t has often been charged on the Free De-
mocracy that they are enemies to the. Constitu.
ton. Never was there greater libel. Instead
of enemies, they are the friends of the Consti.
tuition; for in the Constitution, when justly in
terpreted, they place their hopes of the triumph
of their principles. There can be no doubt but
the Constitution is and was meant to be an Anti
Slavery instrument. Let il not be said that this
is too much to claim for we believe such
claim can be sustained by any acknowledged
rules of construction; and in support of that be.
lief, we copy from the Christian Press the fol-.
lowing condensed, but, as it seems to US, irrefu-
table argument, challenging any and every
doubter, TO overthrow its positions, if they can.
Ed.
propose to show that the Constitution of the
United States, justly interpreted, absolutely pro-
hbits Slavery IN this country.
This can be done in two ways:
/. In the direct terms, as is done in the Con-
stitution Of Ohio, Indiana, Vermont, &c.
ii. By declaring and guaranteeing rights ia
compatible with Slavery.
1t may be done in the latter as certainly as in
the former.
In several of the States, as New York, Mass
achusetts, New Hampshire, &C., Slavery is pro-
hibied only by the Bill of Rights, INCORPORATED
in their Constitutions. Yet all admit that Sla-
very is unconstitutional in them as much as in
Ohio or Vermont
In showing that the United States Consttu-
ton forbids, and, if enforced, would prohibit
Slavery, enquire:
!. Does the Federal Constitution secure to
any body personal rights and if SO, eOhat rights
e To whom?
3. Is Slavery compatible with s1ch rights
a. Does the United States Constitution guar,
antee rights and, ,chGt rights?
I.) The Constitution was made to secure the
blessings of liberty to the people and their pos
terity. But this can be done only by the securi-
of personal rights.
(2) As first presented to the people by the
Convention it contained few securities OF rights.
These were added by way of amendments, and
became part and parcel Of our National Organic
Law.
What rights were secured?
|. Security to person, houses, papers, and
effects, against unreasonable searches and
seizures" Effects" means, doubtless, "pos-
sessions" The answering clause in the State
Constitutions contains the word possessions"
instead of Selects" as here.
No SEIZURE can be made Of any body, or any
thing, except on legal warrant plainly describing
the person, or article to be seized.
|. The right to the writ of habeas corpus is
secured to all. 1t properly belongs to all,wheth-
er citizens or strangers, and no restriction Is
made to freemen or any other class of persons
The writ is mandate to the person holding an
other person in custody, commanding him te
bring the person thus held before the court, ant
show the authority by which he holds ham. O.
course, it is means of delivery from illegal anc
improper deenions.
3. The right to tbear arms"-the right of full
and Impartial trial by curry in all cases, excep
civil suits Of less amount than twenty dollars
freedom from liability to be twice put in jeop
ardy for the same otfense-freehom from com
pulsion to testify against ones self--securily
against taking private properly for public ust
without ompensatlon-secarty against excess
i've bail, and cruel and unusual punishments-
and finally, security of life, liberty, and prop
erty.
All these are secured to all, of all Glasses
without exception. Ii is remarkable that in tn,
original draft, Ar. 9TH of Amendments, was pro
posed to read 4" No free person" That was re
jected, and it was made to Tead " No person."
ALL the natural rights of man, without reser
vatlon or exception. Art. Oh" The enumer
alton of certain rights in the Constitution
shall hot be construed to deny or disparag,
Others retained by the people," This is mani
f'stIy saving clause securing all rights not ~
pecially mentioned AS if it had said: the fac
that any rights are herein omitted, shall not be
pretexi for denying them, but all the rights be
longing to the people shall be held equally sa
cred, whether herein declared in words or not
Art, 9th is full and complete guard Of all tn
natural rights Of man. It's as if the comprehen
sive equalzing clause Of the Declaration of In
dependence had been inserted in the Constitu
ton. All will admit that would have prohibited
Slavery, since it declares Liberty "lNALiENA
BILE" Bnt Art. 9th Is equivalent thereto, nay
even stronger, if possible, since it secures al
rights whether mentioned or not.
2. To whom?
! answer, to all " the people," without seser
vation or exception. Because,
!. No exception is made.
| ~ a. ~ ''Cuio patti tcbtch poit' " NuC pCO
Pile are no more mentioned than coored peopl
free people than bond. The language il
I" The right of The people" to bear arms shall no
be questioned. 1.-THE right of the people 10 Sc
cure, &C." ".No person shall be held TO answer,
&c, nor shall any person be subject for tn
same offense," &c" nor be deprived Of life
Liberty, Or property, except by due process @
law"
8. If slaves are mentioned at all in the Con
stitution they are described as persons" and il
no other way, No person" must mean al
bond or free, white or black, male or female
alien or native born.
1t remains to inquire:
4. Is guarantee OF such rights compatbl
with Slavery?
answer unhesitatingly, No!
l. Such guarantee is held to prohibit Slave
ry, in at least seven States of this Union. If
does not, then Slavery is constitutional in Maine
Massachusetts, New Hampshire, Connecticut
New YORK, New Jersey, and Pennsylvania, an
the people of those States have no securit
against enslavement, and hold their liberty q
The will o their Legislature.