Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-03-27

in Somcrsctt's case has remained the law Of
England. The case of the slave Grace, de-
cided By Lord Stowell in 1927, docs not. as
has been supposed. overrule the judgment of
Lord Mansfield. Lord Stowell held that
during the residence of the slave in England.
" No dominion, authority or coersion can be
exercised over him. Under another head
! shall have occasion to examine the opinion
ia the case Of Grace.
To the position that Slavery can only ex-
ist, except under the authority Of law, it is
objected that in few, if any, instances has it
been established by statutory cnactment-
This is no answer to the doctrine laid down
by the Court. Almost all the principles Of
the common law had their foundation in u.s.
age. Slavery was introduced into the colo
MES Of this country by Great Britain at an
early period of their history, and it was pro-
tected and cherished until it became incorpo-
rated into the colonial policy. 1t is inmate
rial whether a system of slavery was intro
ddced by express law, or othrf~isc, if IL have
the authority Of law. There is no Slave
State where the institution is not recognized
and protected by statutory onactmcnts and iu-
dicial decisions Slaves are made property
by the laws of the Slave States. and, as such.
arc liable TO the claims of creditors they de-
scend TO the heirs, are taxed, and in the South
are subjects Of commerce
In the case of Rankin VS.. Lydia, ? A. X.
Marshall's Rep. Judge Mills, speaking for
the Court Of Appeals Of Kentucky, says
" In deciding the question of slavery we
dsclaim the influence of the general princi-
pies of liberty, which we all admire, and CON
ccive il ought to be decided by the law as it
is, and not as it ought to be. Slavery is
sanctioned by the laws Of this State, and the
right TO hold slaves under our municipal reg
ulations is unquestionable. But we view this
as a right existing by positive law Of a mu-
nicipal character, without foundation in the
law of nature or the unwritten and common
law
| will now consider the relation which the
Federal Government bears TO slavery in the
Statcs
slavery is cmphatically State institution.
In the Jth section of the LIST article Of the
Constitution it Is provided "that the migra-
tion or importation of such persons a, any of
the States now existing shall think proper TO
admit, shall not be prohibited by the Com
gress prior to the wear 1908, but a tax or
duty may be imposed on such Importation,
not exceeding $40 for each person.
In the Convention it was proposed by a
Committee of eleven to limit the importation
of slaves to the year 1900, when Mr.. Pinck-
ncy moved to extend the time to the year
1908. This motion was carried-Ncw IIamp-
shire, Massachusetts,, Connecticut, Maryland,
North Carolina, South Carolina and Georgia
voting in the affirmative and New Jersey.
Pennsylvania and Virginia in the negative
In opposition to the motion, Mr.. Madi-
son said " Twenty years viii produce all
the mischief that can be apprchended from
the liberty to import slaves 50 long term
viii be more dishonorable to the American
character than 20 say nothing about il in the
Constitution Madison Papers. The pro-
vision in regard to the slave-trade shows
clearly that Congress considered Slavery a
State institution, to be continued and regu-
lated by its individual sovereignty; and to
conciliate that interest the slavc-trade was
continued twenty years-not as a general
measure, but for the "bcneft Of such States
us shall think proper to encourage IT,,
In the case of Groves VS.. Slaughter, / 5
Peters 4i9, If Curtis 1877, Messrs Clay and
Webster contended that, under the CONNER
cial power, Congress had a right TO regu-
late the Slave Trade among the several States;
but the Court held that Congress had no pow
er TO interfere with slavery as it exists in the
States. or to regulate what is called the Slave
Trade among them. If this trade were sub
iect to the commercial power, it would follow
that Congress could abolish or establish
slavery in every State of the Union.
The only connection which the Federal
Government holds with slaves in a State a.
rises from that provision Of the Constitution
which declares that No person held to sew
vice or labor in one State under the laws
thereof, escaping into another, shall, in conse-
quonco of any law or regulation therein, be
discharged from such service or labor, but
shall be delivered up, on claim of the party
to whom such service or labor may be due
This being fundamental law of the Fed
cral Government, it rests mainly for its exc
cution, as has been held on the Judicial pow
er of the Union and so far as the rendition
of fugitives from labor has become a subject
Of Judicial action, the Federal obligation has
been faithfully discharged.
In the formation of the Federal Constitu-
ton care was taken to confer no power on tho
Federal Government to interfere with this in
stitution in the States. In the provision re-
specting the slaye-trade, in fixing the ratio
Of representation, and providing for the rec
lamation of fugitives from labor, slaves were
referred to as persons, and in no other respect
are they considered in the Constitution
We may not refer to the mercenary spirit
which introduced the infamous traffic in slaves
20 show the degradation of negro slavery il
our country. This system was imposed upon
our Colonial settlements by the mother coun
try, and it is due to truth to say that the com
mercal Colonies and States were chiefly en-
gagged in the traffic. But we know, as a his
torical fact that James Madison, that grea
and good man, leading member in the Fed
eral Convention, was solicitous to guard Tn,
language of that instrument so as not to con
/ vey the idea that there could be property il
man.
/ prefer the lights Of Madison, Hamilton
and Jay, as means Of constituting the Con
stitution in all its bearings, rather than t,
look behind that period into a traffic which i
now declared 70 be piracy, and punished witt
death by Christian nations. ! do not like L
draw the sources Of our domestic relation
from SO dark a ground. Our independence
was great epoch in the history Of Freedom
and while | admit the Government was no
made specially for the colored race, yet, man.
: of them were citizens Of the New Englan'
5 States, and exercised the rights of sutirag
(f,,,.tsttff,r, .In foI nd