Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1856-05-15

not toucl AMI his PASSING II IN silence ietos me
to suspect. that he DOES not think upon it as my
a5oIRiuA views have ri,iled in my mind as cor
rect hut it may he that it wosld he useless to
bring the subject before the public, while the
powers of the Goycrnmentare go entirely in the
hands of the shareholders as am in the habit
Of cnbsidering them. That may be reason for
Judge Colamer S lnssing it in silence Fur
thermore, though he might view the subject as
l am in the habit of 'iewing it, his speech did
not not necessarily require it. But On allasion
to it would not have injured lis speech, if the
principle is correct.
will now present the point in sufficient de
tail, to avoid any mistake about my meaning.
| have not the benefit of pamphlet which
Judge Collamer mentions being sent to him,
aimed to show that the Constitution of the Uni
ted States is altogether an anti-slavery docq
ment. | must have read much upon the judg-
ment. l.may not repeat the principles | have
read but now give all in the shape dictated by
my present feelings and the result OF my own
information, in whatever way may have re-
ceived the information, and the power and use
Of language which / now possess Iprofess to
be famin u with the Constitution, by reading it
and noticing arguments upon it in reference to
its object and natural and necessary construction
and Iagree with Judge Coamer, that man
may read it ever SO carefully, without knowing
anything about any contemporaneous construc-
ton and he would find nothing in the instru-
ment that would tell about slaves or slavery. |
will stand with him so far; and now 60 fur
ther, and say that, if any man pretends that a
human being male CT female, can be held in
bondage. by virtue of the Constitution Of the
United States, tell him It is impossible; for
tho Constitution is directly at war with such an
exercise of power, by its express terms. The
Constitution says, in express terms, among the
objects of its creation one is to establish justice.
The holding of human beings in bondage is the
greatest injustice to them. Again, another OBJ
jcct is to secure the blessings of liberty, that is
to all the people. may well deny any con-
struction Of the Constitution which would de-
stroy the very object and motive of its being
made into Constitution or of any avail as a
contract of association for any people; and
will now add as an undeniabe principle of law,
that no construction of written instrument,
which would destroy and defeat the instrument
itself, if ever admissible, and never admitted, in
any case, except f the support of slavery.
will now assert, first, my firm conviction,
that the Constitution is, from beginning to end
an instrument in favor of freedom and, second
| ly, that the makers Of that Constitution so IN
derstood it when they made it; but at the same
time, so strong was the feeling and interest in
favor of slavery, they expected it would be car
ried on, and would have to be winked at awhile
and then the Slavery feeling would flee before
the liberty which they thus established.
In approaching the main point for which
now write, | will lay down proposition which
hope will be seen to be correct in all its bear
ings W here the Constitution explains its owr
power, and needs no statute to add to its power
and can be carried into full effect by its owr
rower-which is the case with regard to the ra
ito of representation and direct taxes-there ii
nothing for statute to work upon, or be of use
to give effect to the Constitution. 1t is inert
question in arithmetic We can have no dis
putc about who are meant by three-lourths o
all other persons, for you must consider then
elevated from chattels to persons, in order tt
number them, either for taxes or representa-
tives and when you call them persons, the,
are already enumerated before you get to three
fourths. You may call them what the slave
holders will consent to, you may make your cas-
from the Constitution, and no statute would ali
the computation. The Constitution uses expires
sions enough that includes slaves-the people o
the United States-persons, who need justice
established, who want liberty sccured-all FREE
persons where the parties to u civil action iv
in different States, the action may be brought t.
the Circuit Court In all these cases, all per
sons are included, without reference to color o
occupation, The expression, oil free persons
is not placed in contrast with slaves, but ii
contrast with persons under bonds, without an.
reference to their being slaves or not. All TIN
above expressions in the Constitution, and man.
others necessarily include slaves, but net a
slaves, nor any more for their being such. TIL
clause in the Constitution prohibiting immigri
ton till 1908, includes slaves, because they ar
called persons, but is not confined to slaves.
as well means Spaniards or Hungarians. LIE
it mean what it may, it is ended by the act Q
Congress and that properly. for 1t would nc
let them in as slaves. They must first knoc
off their shackes, and then they might come i
us freemen rand be as the Constitution wa
supposed to*makc all the people of the Unite
States. Congress could, and can, enact any la'
to make men pr persons free, or to secure thei
freedom, if the shareholders would let them d
it. There is nothing in the Constitution
hinder it. n
now proceed to lay down position, wit
regard to the point alluded to, as an exceptio
to the extent of my cordial approval of Judg
Collamer' $ speech and hope this is SO ration'
and legal that none will find ground for denyin
its correctness. This is no new idea with mt
but have supposed it of no use to start it
legislation while all the powers of Governmer
were in the hands of shareholders. The positio
is this, to wit.
Wherever the Constitution of the Unite
States does not prescribe and create the remed
for what itrequires to be done, but leaves it me-
essary that Congress should pass law to effe'
afull remedy, and such law is enacted an
goes into operation, the power that pass such
law can repeal it whenever they choose. FL
this reason alone, as well as one other to be nj
med, the acts called the Fugitive Slave Acts al