Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-05-01

the fifth article Of the amendments of the
Constitution, which declares that no person
shall be deprived of his life, liberty or prop
erty without process of law. | willn pro-
coed to examine tho question whether this
clause is entitled to the effect thus attributed
to it. II is necessary, first. TO have a clear
view Of tho nature and incidents of that par
ticular species Of property which is now in
question.
Slavery. being contrary to natural right, is
created only by municipal law. This is not
only plain in itself, and agreed to by all writ
ers on the subject, but is inferrable from the
Constitution itself and has been explicitly
declared by this Court. The Constitution
refers 20 slaves as persons held TO service in
one State under the laws thereof" Nothing
can more clearly describe siaiHs created by
municipal law. in Prgg vs. Pennsylvania,
10 Pet, Gil this Court said, "The state of
slavery is admitted 70 be mere municipal
regulation, founded on aud limited to the
range of territorial laws - Rankin vs..
Lydia. . Marsh. - 40, the Supreme Court
Of Appeals Of Kentucky said, "Slavery is
sanctioned by the laws of this State and the
right to hold them under our municipal regu-
lations is unquastionable. But VIC view this
as a right existing by positive law Of munici-
pal character, without foundation in the law
Of nature, or The unwritten common law
am not acquainted with any case or writer
questioning the correctness Of this doctrine
See also Burge Col and For Laws 1873
74l. where the authorities are collected
The stqtus Of slavery is not necessarily al
ways attended with the same powers on the
part Of the master. The master is subject TO
the supreme power OF the State. whose will
controls his action toward his slave, and this
control must be defined and regulated by the
municipal law. In one State as at one period
of the Roman law. it may put the life of the
slave into the hand of the master others. as
those of the United States. which tolerate slav-
cry may treat the slave as a person when the
master takes his life While in others, the
law may recognize a right OF the slave to be
protected from cruel treatment In other
words the status of slavery embraces every
condition from that i'm which the slave is
known 90 the law simply as a chattel. with no
civil rights Co that in which he is recognized
as person for an purposes save the com
pulsory power of directing aud receiving the
fruits of his labor Which of these condi-
tions shall attend the status of slavery must
depend on the municipal law which creates
and upholds t.
And not only ppet tbo sj,j,,s of slo,,r,, ,o
croato5 ,d ,,,,r.l ''','' 'I's ~. 81
tbori..b+s ,n,.a,,I l,};,l,, p.;@L -.
ont oc tba+ dae,,aI -
and onf,rcsd H., s,,ob 1,n., Tho rpph;I;. ph;Igt,' ~
tba e.. = .iI?.''1y VI
and of 4,ird rsrso, g., osa,,it;,,. ;;,
or barbarin', ~. I;J..r.;r'. ~, ~ 80
and n,odss of ,''l'',7 -
tbo c,nsc;tv Of tho slavo 90 ha ., ,,;,
or IN he v,tno.s egith s,,,, 49,, .,la4;.,-,
os have evistod in ali c;,;I;1sd st,tss ,,boro
slavery has beon tolerated ore am,nr fbo
subjects mon which mpni,..naI ie,islat;o9 bs-
comes necessary when slavery Is introduced.
Is it conceivable that the Constitution has
conferred the right on every citizen to become
resident on the territory of the United
Statos with his slaves. and there to hold them
as such, bnt has neither made nor provided
for any municipal regulations which are es-
sential to the existence of slavery: Is it not
more rational TO conclude that they who franz
ed and adopted the Constitution were aware
that persons held to service under the laws Of
state are property only to the extent and
under the conditions fixed by these laws;
that they must cease to be available as prop
Il Al.