Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1854-06-23

term slavery is not in the conslItu-
ton. The constitution does not re-
qulre that fugitive slaves shall he de-
llvered up II requires that persons
bound TO service IN one state, and es-
Gaping into another, shall be delivered
up Mr.. Madison opposed the in
PRODUCTION of the term slave or slave
ry into the Constitution for h, SAID
he did not wish TO see 1t recognised
IN the Constitution Of the United
States of America that there could
be property IN men," The senii-
mcnt Of this extract conflcted with
the purpose of Mr.. Webslcr's speech,
and never would have been seen
there, were il not that truth has a
wonderful power Of making its APP
pe5rance, even where there is the
greatest repugnance TO ii.
Judge story is represented as us
ing the following language in a Com
men,ary on the Constitution il is
obvious that there can be no security
TO the people in any Constitution of
government, If they are not 10 Judge
of il by the fair meaning of the words
OF the lext." Again The people
adopted the Constitution according
to the words of the text IN their rca-
sonable Interpretation" Now when
the psople adopted the fugitive
clause according to its fair mean
ing, did they understand it to mean
something not mentioned IN ~
Judge Story himself betrayed great
embarrassment. when, in the case Of
Prog versus PENNSYLVANIA, he dccld-
ed that the fugitive clause meant
slaves. He speaks Of clearing the
case of difficulty" thinks many of
the provisions Of The Constitution
are matters of compromise" and
says, ma uniform rule of inierpreia-
ton can he applied to ii, which may
not allow, even IT does not de-
mand, many notifications IN It's act
ua application 20 particular clauses, +"
and finally adds, " Historically, il is
well known, that the object of this
clause vas to secure to the citizens
OF the slayeholdlng states, the COM
plete night and ute Of ownership, IN
[ iheif slaves as property
W la, rule Of Interpretation did
Judge Story find it necessary to APP
| ply with notifications" IN order to
clear The fugitive clause of - difficult
~ y II II be a rule to interpret an
| instrument IN accordance with It's de-
clared DIES IN, he did mot modify
but reversed II. Ii It be ii rule to m
lerpret IA favor of right, when the
language does not lmperauyely for
/ hin. The rule was reversed. But
whatever the rule, the Interpretation,
"mstorically" sustained, sets gram
mar aud right, and humanity, all at
defiance. Did not Judge Story
" historically" know that when the
people adopted the Constitution, they
regarded slavery as a doomed insil-
luton soon To pass away
Bur suppose provision for deliy-
erng up fugitive slaves were clearly
expressed IN the Constitution and
agreed 10 10y the Tree people of all
the states would II be binding I:
Just rs binding as would be an
/ agreement between me aud another
man TO dispose Of your printing
1 press without your consent, an agree
meet that no law or constitution
could make valid against your own
right. Al agreement against right
may be enforced by power, but new
er rlghleously executed. You may
Imagine constitutional right To dis
pose OF an innocent mans freedom,
but YOU cannot explain such a nghl,
nor will you ever admit II against
yourself. Statesmen may talk elo-
quenily about tie sacredness OF com
promises, but let them find these
same sacred compromises in conflict
with their own sacred rights, and
their eloquence will take a sudden
turn aud become evolutionary
We would trample on any provision
infringing our own right 20 emigrate
from one State 10 another, aud vet
ihls is the very night that the slave
uses, Tor very urgent reasons, when
he escapes from slave Stale TO a
free State.
Judge Mclean, who seems To un-
derstand the rights Of shareholders
better than those of slaves, says, IN
his opinion on the case OF the tugil-
ivo claw, Gro. W. Query, Usage
oil long cOnlinuanee--sO long that
the memory of man runneih not 10
the contrary-has the force of law
II arises from long recognized rights,
conlrayened by no Legislative ac-
ion" This he says in order &c
show that slaves, though not made
such by legislation, owe service I'M
der the ialcs. Doubtless usage o
long continuance often becomes a
kind of general compact or agree
ment that cannot be violated with
out wrong, and therefore has the
force of law. But with no prelen
slons, except to common sense,
will venture an opinion, against |
learned Judge, that no violation o
natural rights can be continued Ion.
enough to acquire the force of law