The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1858-05-05

common law,
AS to the political power the logical
conclusion from the fundamental common
law maxim was, that all governments have
exclusive political control over slavery,
each within its own jurisdiction. No 9TH
er authority can give iegaiaty to slavery
no other can regulate it, define the rights
Of master and servant, and give the reme-
dies appropriate to those rights. Such
was the theory ard the facts correspond.
On this ground many of the old States
abolished slavery and Vermont from her
very birth, excluded L. On this ground
the slave States tolerated slavery, previ-
ously established through British "pos-
tive laws" and have ever since defended
it against all assaults from without. Touch
me not = mind your own business !" such
we're their maxims, and these were their
shield and defense.
On the same solid ground rests the pow
er Of the Federal Government, within its
own exclusive jurisdiction-th is outside
of the States. We differ widely, in these
latter days, as to the source and the extent
of Federal power over Federal Territory.
Never was there doubt that it was in
Federal sovereignty, and exclusive and
perfect until these latter days never did
the fathers and founders Of the Union
doubt it. Never, indeed, was there po-
litical power which rested on a more solid
foundation, and rarely was there one sus.
tanned by SO many "pillars Of strength"
In 1928, Chief Justice Marshall-vener-
able name with the concurrence of the
Supreme Court, declared the power to be
unqulSionabie" IN fact, and equal TO
"he combined poacerS Of the General
and State gorCrameht' IN ontent. Il
Peters 546.) Sir there was no dissenting
in that court. Strange that a, fancy
should reverse the opinion Of q Marshall.
Passing strange, if the unbiased and unan-
imous opinion of John MARSHALL and Bush
rod Washington of Virginia, William
johnson of South Carolina, Gabriel Duval
of Maryland, Joseph Story Of Massachu-
.setts, Smith Thompson of New York, and
Robert Trimb,e Of Kentucky-(fve of the
seven, mark it, from slave States)-is now
to be cast into utter contempt, by pro-
slavery majority Of the present court, on
case improv sed for political purpose, in
the heat Off political revolution, and tain
ted all over with partisan zcIl.* Chief
Justice Marshall placed the power upon
four grounds, each being deemed, sufh lent
and among them was "thc general right
of sovereignty, which exists in the Gov
ernment." These words assert both the
existence and the po,re Of sovereignty
"in the Government" Twenty-Five years
before, S03, John Randolph had GAINED
for the Federal Government ''all the mil.
itary, civil, and judicial powers" over the
Territory of Louisiana, on this identical
ground Of SOVEREIGNTY. e Benton's
A5ridgment, page 73) Sovereignty, sir,
what is it? Sovereignty exists" said
John Marshall. 1t was born, not merely
madr. 1t is the sum of more than writ
ten powers, the attribute of all govern
ments, with or without the machinery oi
constitutions, or the recorded forms Of law.
On our American theory, sovereignty
springing from the people as springs the
soul from God-rules all the States the
people guide it, as God guides man, by
written supreme laws. The people are
the source OF sovereignty, but sovereignty
lS lut SOul VI SbaitOiS NSh
stitutions, all organic laws, are hindr
ances of flesh and bones to hedge it in
We say the sovereignty is in the people
and goes not into government except b,
. right of grants In sll our States, how
ever, the grants carry more than the speci
fed powers-all incidental, necessar,
: proper powers, essential to the true end Q
: government-to regard the peoples inter
est or rights from exigencies unprovide
. for, and dangers unforeseen. Without
i specified grant, no man doubts, no ma
u can doubt, that it was and is competen
for any State to take control of slavery
n By the implied consent of all the people
though it were not written in the organi
: law, by virtue of the universally accepte
. principle Of the unenacted common Law
!, that power was in the sovereignty Of th
y States. From necessity it was there, q
well as there in fact. From necessity
!. was in Federal sovereignty, and it Wa
1t there, too, in fact, to the precise extent {
,. exclusive Federal jurisprudence-that il
II outside of the several Statest The Cor
J. stitution is hindrance on Federal SOY
II ereicnity. You cannot touch the intern;
a affairs of States. The article on the slay
II trade was hinderance, preserving Stat
e. sovereignty and limiting Federal sove
eighty until 1908. Moreover, there is n
ol specific grant to prohibit the slave trade
ct and the power only exists, and was pr
sumed to exist, in the sovereignty, as II
:, limitations prove. The article on fugitv
10 from service is hindrance both to Il
'e State and Federal Governments. Meth
y can discharge them from service. Nor
10 over, it is noticeable that congress has |
~ specific grant of power as to fugitives
pc Federal territories,t and the claimar
ne therefore, has No specific right both exi
3 in Federal sovereignty, or do not exist
h- all. But, above all, tho fifth amendme
hs is a hindranco TO Federal sovereignty,
'e. shield to every ''person," irrespective
g. color or condition. Tie power to pyoh'
hhn ne u slavery in Federal territory remains u
al. limited but, thanks to our fathers, it
IS. limited as against the liberty of tho poe
- The court was divi ed, n f.llows on the V
&c idtv Of the Missouri compromise &C. agains
M Judges Tpney Maryland, Wayre Of 6eori
=