Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1858-04-30


hori'y Of the constitution with their respective rights
defined and marked out"
These the words Of Judge Taney. Sir the yenera
BE Chief Justice speaks " the constitutional rights Of
citizens and Government As being defined and marked
out" find no 4" defined" rights in the Constitution
that will take slavery into free territory ind no states
iurst, in all the noble line from the Revolution
70 our day who has eyer found such rEh, &
mcrIt-if merit IL beof that almighty Inference lind
no beams defined" Must we imagine them Does
the stated TACT, that the Territories Med PIT M the
United States bridge the unfathomablc guh lhen'
what bridge the bridge Of many Understanding
from al the slave to all the free Territories and states
No longer sorereign states longer free and indie
pendent States" The free States parts Of the u
ncd States" In lands in forts and arscnals in navy
yards and warehouses; there is not which has not
within itself common public property we cannot
so make slavery nationalist blot out every free State
charge the court with no such crime. We must hnd
better beams than these and long and strong 70 pear
the weight Of wrong and woe, involved IN ihat wo word
IN and 6ste" and the court has supplied them IN thc
% common and equai bencftn These are The beams
the real beams They fl strong enough for the real
design but weak shadows for the false These beams
,riH bear the COMMON PROPERTY or ALL THE SraIhs
ANb NJ THE fEorLEi anu that u a,t A , =, ~ =, nd
only Is fnr the common and equal oeneht tha, anu
that alone, is equality and justice Add but one
ounce NJ special property n peculiar seie Q prop
crty, own AND ABOVE THB srEcirs OF PROPERTY
coNMoS TO ALL ruE sTATrs"@-I say add but one
Of this peculiar property add one single slave and
ity and Justice" will break beneath the unlawful
weight Now, sir, Il am right II have Justly appre
submit ID as good law that the slave or the slave
driver, who puts his load through the bottom Of that
bridge cannot require any Govcrnmcnt-fcdern Terri
torinl, State--to respond in damage
Mr.. Chaiman, It is time, and Is but ar 70 turn 70
the declarations Of the court The President enaiEes ~
the give you. now, the declarations OF the ma
ory Of the court declared by the Chief Justice hare
IN rcmarkng that they arc substantially, COPIED nom
Mr. Calhouns resolutions, Of lsf7.
As TO territory. Judge Tancy says;
" II acquired by the General Government, as The
rcpresentiye and trustee Of the people Of the United
States and must therefore be held IN that character
for their common and equal benefit for was me peo-
pie OF the several States acting throush tneir sse.
and representative. the Federal Government who in
" fact acquired the territory in question: and me Soy-
associated with the other States members Of the
" Unon."- Dred Scott decision pamphlet, p. o.
"Tho territory being part Of the United States, the
Government and the citizens both enter il under The
" authority Of he C0nsiitufion, with their respective
" rights defined and marked out."-SaHe, p. 6b
As 70 slave property, Judge fancy said that the Con
sutuuoh "dN,s no "tAfiNt'"i ''s' -
Of property and other properyi' that the right %
.. w. IJ ,,io 2, MAI Z, no word cau he found in
the Constitution which gives Congress greater pow
er over slave property which cnttc property Of that
kind less protection than property u any other de-
" scripton The only power conferred is the power
coupled with the duty Of guarding and protecting the
" owner in his rights (Same, pages o. 5sJ AS a
conclusion, the Judge said
Under these considerations, it is the opinion Of the
that the act Of Congress, which prohibited c
zen from holding and owning property Of this kind, in
the territory Of the United States, &c IS NOT rarranted
d" By the Constitution and Is therefore ro,d same p
s.
The burden Of the court IS that slaves are property
and that the title to the Territories is held by the FEEDER
al Government trustee, leaving the use to the
States aud their people But not one word OF all THIS -
found in the Constitution The court gives them to us
fundamental principles of constitutional law and, rs
conclusions strips Congress OF power exercised from
the very foundation Of the Government and opens all
Territories slavery Is II not strange that primer
nrs 50 great as these were entirely omitted from the
Constitution strange that they were left to mere imrl
cation Interpretation and strange that no Congress,
statesman. no jursts not even the court itself ever
a.. tln Of
ed Now sir, do not believe that the whole country
hath been in Ignorance until this day do not believe
that these principles were ever put into the conshuuon
or designed be drawn from IT, That instrument puts
no limit the power Of Congress Federal territory
and regulations respecting It, nothing in IT like
guarantee of the Of all the Territories for slavery or
even Of il by citizens States for any purpose
whatever, without Federal consent The title ana the
sovereignty are both in the Federal Government as
Judge fancy himself has said the powers Of govern
mcnt and the right Of sol the Supreme Court has
said Is Wheaton, 543)-and Federal Sovereignty has
heretofore excluded both property Qquors) and citizens
uader from Federal territory and ahenated the very
land itself to foreign Governments 1t seems then, that
the court reyolutonized the Constitution in this re-
spect. Nor can believe in--nay, l utterly reect-he
new doctrine that the Constitution dfrns The right Of
property sarcs -Four times does II speak OF them as
persons" not once as property Indeed the very rec
ord shows that all counonance to the idea Of property
| in man carefully and dcsignedly excluded. Ihus
Mr. Sherman was against the second par. !scc,on y
- cdging mci TO be property.'-0 EWOts DeodteS "
" Federal ConreHtion, vol. s. p 47s
slider the duty iapyinghat slaces are property
" but encouragement to the importation Of them.
"-Sdme.
Mr. Madison thought it orong 70 admit in the Con-
atfion the idea that there could be property ~ men
" The Of duties did not hod as slaves are not
| +" like merchandise, consumed" &c.-Sdme.
Thus in the case OF the solitary word in the Constitn-
on which could possibly convey inc idea OF propery IN
man--"imporation'-the inference was promptly ana
plainly repelcd upon the first suggestion The true dc
sign them Of the trainers Of the Constitution is defeated
by the court II is the court then which is responsible
for this new and sweeping dispensaton. IL the court
which affects the power of sovereignty and grants OF It's
| will and pleasure, new constitution IL Is the
President who nerpres IT, who accepts il for the States
and the people, and who attempts to bind Il upon their
Representatives here, with all the weight oil supreme
law And with what fruits
The law Of the land ras, that slavery is ocali thenew
is that it goes wherever the Constitution goes unchecked
by the sovereignty Of the States The common law
! then. as Federal territory has been abrogated.
The Judicial power 'sas, to emsneipate slave when
taken beyond the jurisdiction Of the local law the judi
cal power enslave him wherever the Constitution
goes, unchecked by the sovereignty of free State
oumscrbed. No emancipation without compensation
The power Of Congress over slavery in Federal Terri
tory was complete now it is annulled.
The Constitution ras for freedom now 1t Is for slavery.
The old idea that slavery was the exception the
new one i that It is The general 'oush o
all the slave States and over all the unogan1ed ter-
tory. You have enough of it already TO double the or
anizcd States Of the Union and are preparing to-day
for the annexation Of Cuba, Of Mexico, aud OF Central
America.
the court there is halfway house for slavery-no
bound to stay the advancing hoodno home resting
place for freedom, in all your broad and grand domain
II understand them truly then is our proud boast OF
liberty a miserable lie and then that song OF ours
douby inspired by the deitie Of poetry and patriotism,
and beneath the very portals OF your Capto-that
melody Of glory that fires souls aud nerves our arms
/ for
/ "Tle land Of the free and the home Of the brave"
is but the sharpes saddest that ever flashed
/ from human lips.
Mr.. Chairman, this Is the revolution how swift how
sweeping Sweeping away high powers OF Congress,
and Of the States sweeping away the ancient laws
of fthcrs sweeping away the ancient landmarks oi
our fathers sweeping away that ordained blessing OF
liberty which the reward Of their sore trials the
crown If their great victory, and their legacy TO us
What Is heritage aud what shall our children De
All this Is wrong; Il Is not right nor wise nor SAFE we
are false TO our fathers II believe IT, and false to their
honor and ours II we do not reect H.
believe that a great wrong has been committed upon
the Cnnsttution itself and wrong that will tell with
terrible power upon the future destiny Of the county
In the exercise ef my right here, the convictions Of
nv iudrmcnt and the obligations Of my oath, have at
/ ten1trd 10 expose IT, incidentally and inevitably
have snokcn freely Of coordinate branch Of the Govern
ment whose rightf powers am bound TO respect In
cldenaly andinevitably have condemned the Supreme
Court the United States but not Intentionally to de-
tract from s dignity, bring tinto contempt Taught
reverence il from my youth, and habiusy reverence
ing II through life-respecung i still and meaning 70
respect hereafter whenever and ar as T. reNoNes IN
stuffl nth