Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-03-14
Tge Oermont p5anir
BRATTLEBORO. VT.
SATURDAY, MARCH 14,1S57.
Slavery and the Constitution-The Decis-
ion Of the Supreme Court.

From the adoption Of the Constitution, and the
organization Of government under that organic
law, down to the year Of grace 1867, and inaugu-
ration of James Bucharan's administration, every
department of our national government has recog-
nized Slavery as the creature Of local, municipal
law, and has acted upon the corollary that in the
absence Of such positive enactment the institution
had no existence. Upon this basis the country has
been governed for more than three fourths Of
fury. In distinct recognition of this fundamental
principle, eighteen new States have been admitted
into the Union. 1t would hardly seem possible
that n construction Of the constitution long and
generally acquesced in should be seriously ques-
In other columns we publish abstract Of the
opinion of Chief Justice fancy delivered in the Su
preme Court Of the United States few days since,
embodying decision Of that Court in the case of
bred Scott. That decision sets aside entirely the
former rulings of that Court, and completes the ma
tionalisGtion Of Sidrery. 1t is no longer a local
institution, subject entirely to the laws the States
in which it has an existence The Federal govern
ment has taken il under its protection and will
henccforth be responsible for its maintenance
The New York Times very forcbly remarks
Slavery is no longer a local institution, the crea-
ture of local law,-dependent for its existence and
protection upon State sovereignty and State legis-
lation. II is incorporated into the Constitution of
the United States. Its tenure is the tenure of all
property, and the Constitution protects and pre-
serves it, to the same extent and upon the same
principles, as il protects any other property of anv
kind whatever. This is the fundamental position
which the Supreme Court has just asserted, and
upon which all its decisions in this case rest Con-
gress cannot exclude Slavery from Federal terrific
ry, because the right to slaves is the right to prop
erty, and cannot be Invested. For the same reason
the people of the Territory cannot exclude Slavery
from their own domain;-and when the time for
the next step comes, shall have it in the logical
sequence, that no Slate Government has n rich,
10 deprive any citizen Of property, trhich the Com
sfHuton Of the United Staies protects him in hold
ing"
1t is a noteworthy fact that this decision was
made by the slayehoding Judges of the Supreme
Court. 1t is true that Justices Nelson and Gr;er
co-incided to some extent in the decision of the
question of jurisdiction, but they did not travel
out of their way to defy Slavery. Justices Nc.
Lean and Curtis delivered opinions dissenting in
toto from the positions assumed by the Chief JUS
tice. Their opinions are able, and have led to
revision of those delivered by the majority. Un-
der such circumstances the decision will lose much
OF its moral force. The authority may be with the
majority but the law is with the minority Va
hope to publish the opinion of Mr. Justice Curtis
| in short time.
with decision on our statute-book so monstrous
and so much at variance with all the principles in
culcated by the Fathers of the Republic. the mis-
sion of the Republican party has but lust CON-
menced If slavery is an institution under the
control Of the General Government. lift has thrs
become nationalized, the same power that now
maintains it may be brought to act in favor of lie
our'aiimeht or It's utter extinction The people of
the North VIII not consent to course of political
action that shall ignore this subject. Thew NAV ho
shgmatizcd as abolitioniss, but they will not s;t
quiet under the nhiction of political wronc %
such stupendous magnitude The doctrines of Ma
Lean and Curtis, 'Union-savers' though they NAV
have been, will become the creed and plat6rn,
around which all will rally who love freedom o,d
nate oppression The Democratic party has made
itself responsible for this foul wrong They set the
precedent in the Kansas-Nebraska bill, strength
ened it at Cincinnati, and their political friends on
the bench Of the Supreme Court have incorpora-
ted it into the law of the country We take issue
with that party, and shall use all constitutional
means for Kidding the General Government from
all participation in the iniquitons institution of
human servtude.
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