Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1858-05-06

Constitution strange that they were left to
mere implication or Interpretation and
strange that no Congress, 10 statesmen, no
lurists, and not even the court itself, ever dis
covered them, until two thirds of century had
elapsed Now, sir, | do not believe that the
whole country has been in ignorance until this
day. | do not believe that these principles
We're ever put into the Constitution, or designed
to be drawn from it, The instrument puts no
limit to the power of Congress over Federal ter
ritory, but rather grants the power to @ make
all needfll rules and regulations respecting it.
see nothing in it like guarantee of the use OF
all the Territories for slavery, or even use OF
it by citizens or States for any purpose whatey-
er, without federal consent. The title and the
sovereignty are both in the Federal Government,
as Judge fancy himself has said The pow
ers of government and the right OF soil, us
the Supreme Court has said, Is Wheaton, 543)
and Federal sovereignty has heretofore exclu-
ded both property liquors) and citisens (tra-
ders) from the Federal territory, and a1ienatcd
the very land itself to foreign Governments, it
seems, then, that the court has revolutionized
the Constitution in this respect Nor can
believe in--nay, utterly reect-the new doc
trine that the Constitution q6frms the right Of
property IN Slaves. Four times does 1t speak OF
them as " PERSONS" not once as property. In
deed the very record shows that all countenance
to the idea of property in man was carefully
and designedly excluded. Thus.
Sherman was against this second part sec Q, vol l,
the tax on importation slaves acknowledging TO
be propertv Us Eots Debates Federal Convention,
Mr.. Gorham thought that Mr.. Sherman should consd-
Ell the duty implying that SLAVES are PROPERTY lblt
as dscouragement to the Importation Of them."-
Same.
adis / 10 1Ihp
stitution the idea het there could be prope IT, IN men: The
of duties did not hold as slaves are not, like mer-
chandise, consumed'' &c.-Sa'ne
Thus in the case of the solitary word in the
Constitution which could possibly convey the
idea Of property in mani Importation -
the inference was promptly and plainly repealed
upon the first suggestion. The true design,
then, of the trainers of the Constitution is de-
, teated by the court, then which is responsible
for this new and sweeping dispensation. 1t is
the court which effects the power of sovereignty
a and grants, of its own will and pleasure, new
constitution 1t is the President who inter
prets it, who accepts it for the States and the
people, and who attemts to bind it upon their
Representatives here, with all the weight OF
supreme law And with what fruits?
The law of the land ,cas, that slavery is local !;
n the new is, that it gees wherever the Consttu-
ton goes, unchecked by the sovereignty of the
@ new States. The commonlaw, then, as to
Federal territory, has been abrogated.
The judicial power pas, to emancipate a
slave when taken beyond the jurisdiction of
&c the local law the judicial power is, to enslave
$ him where ever the Constitution goes, unchecked
by the sovereignty of a free State.
Z, The power of the States was complete; it is
+ now creumscribed. No emancipation without
IS compensation
i The power of Congress over slavery in Fed
e eral territory was complete now it is annulled.
n The Constitution i0dS for freedom now it is
/ for slavery.
1t The old idea acas, that slavery was the excep-
Z, ton the new one is, that it is the general rule
= extending through all the slave States, and
is over all the unorganized territory. You have
IS enough of it already to double the organized
Il States of the Union, and are preparing to-day
l. for the annexation of Cuba, of Mexico, and OF
Of Central America.
TO Sir, if | understand the doctrines of the
or President and the court, there is no halfway
n house for slavery-no bound to stay the ad-
of vancing hood-no home, no resting-place fol
e. freedom, IN all your broad and grand domain
OF If | understand them truly then is our prouc
IN boast of liberty miserable lie; and then tina
~ song of ours-doubly inspired by the deities
&c poetry and patriotism, and born beneath thu
I'd very portals of your Capitol-that melody o
,g glory, that fires our souls and nerves our arm
ed for
p "The land of the frce and the home of the brave"
- flashed from human lips
o' Mr.. Chairman, this is the revolution : hoy
Nv swift how sweeping Sweeping 9way hig
V. powers of Congr6ss, and of the now States
.. sweeping away the ancient laws of our fathers
h' sweeping away the ancient landmarks of GU
u, a fathers sweeping away that ordained " bless
10 ing of liberty F" which was the reward of thei
vi sore trials the crown of their great victory anC
u their legacy to us. What is our heritage, ant
~ what shall our children be All this is wrong
w it is not right, nor wise, nor safe We ar
IL false to our fathers if we believe it, and falls
~ to their honor and ours if we do not reject it,
IN believe that great wrong has been com
", mitted upon the Constitution itself. and a wron
~ that will tell with terrible power upon the flu
~ ture destiny of the country In the exercise Q
OF my right here, on the convictions of my judy
ne ment and the obligations of my oath, | have at
v tempted to expose it, Incidentally and inevi
c tably, have spoken freely Of IA co-ordinat
branch of the Government, whose righttu
r, powers am bound to respect. incidental
he and inevitably, | have condemned the Suprem
es Court of the United States but not intention
We ally to detract from its dignity, or bring it in
OF to contempt Taught to reverence it from m
~ youth, and habitually reverencng it through
Cd life-respecting it still, snd meaning to respec
it hereafter, whenever and 50 far as it reyolve
in the appointed line, harmonious with orde
he and equal spheres in the Frderal system-I hay
ed lived to learn, alas that this exalted court cal
DE err. And with what wreck as if some cen
y trail sun, the source of light and life, shoul
III It quit its pathway in the skies, and leave it
he worlds to die.
De- shall fail of my conception of my duty
do not add Il denial of the right of the ju
dicial department to infringe upon the proync
The of the political department if do not den
~ the right of the court to revise the politica
MS acts Of Congress, or to bind a single membe
of this body by the authority of its opinions
lat its judgments are final between all the partit
zen before it in every judicial " case :" but it ha
er- no power over Congress or the Executive, an
IS can claim no respect from them. beyond what
~ due to the reasoning of the court. | give yo
me my justification
los " Every member of the Legislative body is bound
io' and decide for hse whether the bill reso
ton within the constitutional reach of the legisla
,lv powers confded to .Storys Commemorate
~ sec. 1914.
in But, let us look to the very source of the Con
IN stituton itself:
"IN CONSTITUTIONAL CONVENTION,
A.. august 81, 1857.
zen sunrema Court ;urisdction o,or coscs r;s; 80
ri, th;e Const;tnJ;on ~ '' "'
INC Sc Mr.. Madison doubted whether it not going
far to extend the jurisdiction of the court generally
AVA arising upder the Constitution, and whether
i0 ought not to be limited to of judiciary naur
les The right of expoundg the Constitution in not
ths nature ought nor 10 pe gwen 10 Una.