Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1858-04-29
A Revolution in the Law of the Land.
HON. E. P. WALTON'S SPEECH
l.. L. ID Ill. lH.r.cL 81

| HUN. IIs l. . w LAEAO AN ~ Nj I1GOlA
In the House of Representatives., March 81.
The House being in the Committee of the
Whole on the state of the Union
Mr.. WALTON said
Mr. Chairman 90 Revolutionary was an ep-
! tibet applied, u few hours ago, to the Republi-
cans on this floor by an honorable member from
Georgia, (MR. TBlPPE,) if did not misunder-
stand the application of the word. will take
it, and bear it, and honor it, 1t was the honor
able title of the patriots of old it is embalmed
in the hearts of the people, and bound, in your
day and mine, to swift resurrection in power.
We are revolutionary as they were, against
tyranny and wrong, for liberty and right But
it is u counter revolution that we have inau-
gerated; against that other revolution, of
which the whole history Of Kansas and this Lc-
COMPTON constitution are the illustration and
example; it is to roll over that other revolution
and to roll back the governments of the nation
and the States to the principles and policy of
our revolutionary fathers.
We are in the midst of an attempted revolu-
ton ; and we have present proof of its mighty
import, in the fact that as its certain result
whether we roll it onward or roll it bacb-the
dissolution of the Union has been gravely pre-
dicted, or passionately threatened, as suited the
purpose or the temper of the man and the hour
That contingency, think, is beyond our control
Higher than Congress and the combined powers
of the Federal Government, higher than State
governments or conventions, than notification
or secession, is the power of the people. will
not anticipate their will. Higher even than
that of the people, is the power of Him who
g fashioneth all hearts alike" In His domain,
earth s grandest empires are as dust and the
eras of their history-their founding, climax,
fall-are the footprints of the Almighty in His
eternal round. We may not antedate our fate.
1t were enough to say, peers in privileges, re-
sponsibilites, and rights mustFpurn intimida-
ton; but against the power Of Christians
faith and a PATRIOTS hope, these threats of an
cry men are lighter than their breath. ]
will smile at them-sorrowfully SMILE
Il BE angry when you will, it shalll have scope;
Do what you will, dshonor shall be humor.
Cassius, you are yoked with lamb,
II That carries anger the flint bears fire;
l Who, much enforced, shows hasty spark,
And straight is cold again."
The danger of to-day, it seems to me, is not
in dissolution, but rather in that revolution
whose end is despotism. Thence may come an
other issue. | threaten nothing | predict
nothing but ifanother issue ever comes, [ fear
J it will be only this despotism and Union or
disunion, as the sole, sad remedy for despotism,
submit, therefore, that to-day our great duty
is to take care that by no blindness or perversi-
ty of ours, shall we doom the people to such a
choice as that.
The attempted revolution, of which come
here to speak, is revolution in the law OF the
land as to slavery, in the powers of Congress
and the States, in the rights of the people, and
in the Constitution itself. 1t is revolution
wrought through new Interpretation of the
Constitution by the Supreme Court with the
connlvance of the President and his party, and
in defiance Of the entire history of the Govern
ment, of Legislative acts, judicial .adjudications
and the universal acquiescence of the States
and the people, for two thirds of a century.
In short, sir. it is my conviction that the judi
ciary and the Executive have been guilty of
UsURpATIoN. ] have no weight of character, of
learning, or experience, to give emphasis to
such words as these; but, inmy poor Judgment
they can be proved by the record, and sustained
by the Constitution, as expounded by the most
} ilustrious statesmen and jurists, from the dawn
of the Union to our own evil day. This is my
task for the allotted hour.
First, as to the law of the land. 1t was the
common-law maxim of England, to wit Slave
ry legally exists by no general rule, but " only
by force of some local law" Forbes u.s. Coch-
rane, cited in note to l Blackstone, p. 1917 A
self-evident proposition not long ago, but now
denied. therefore observe, that true it is, that
as early as Edward vi. slavery temporarily ex-
listed in England, and that for two hundred
years the slave trade received the sanction of
the British Government and courts ; bNt it was
only by positive law-by charters, treaties,
grants of the Crown, and acts and resolutions
of Parliament. This is history +" confirmation
strong as proof of Holy Writ of the maxim
of the common law. Lord Mansfield declared
itm l772, while the special slave-trade laws
were still in force, in these memorable words /;
The state of slavery is of such that it is inca
pable of being introduced any reasons moral pot-
ical, but only ty postUe taic."
! Blackstone was the contemporary of Lord
, Mansfield, and spoke of the common law-as it
, was then, and ever had been, and still is-in
still more emphatic terms
"The law of England abhors, and will not endure the
existence of slavery in this nation.
Sir, we have been told, in this debate, that
Lord Mansfield was in error; that Lord Stowell
has reversed his decision in the case of the slave
Grace, and received the approval of an eminent
} jurists of our own. No, sir. That was a mis-
/ use of the name of the American Judge, who
ranked, L. at home and abroad, in America and in
, Europe, and wherever you find the grace Of
learning and the guards of law, with the most
illustrious masters, the clearest expounder
and the purest administrators. who have adorn.
ed the bench of this or any other land need
not say that mean Judge Story. Now, sir
in Justice to Lord Stowell and Judge Story,
quote the case of the Slave Grace, as pithily de.
scribad by Jucgc Mclean
g. Lord Mansfield held that slave brought into Eng
land was free. Lord Sowel agreed cih Lord MANSFIELD
in this respect and that the slave could be eoerced
England but on her return to Antigua, The place Of he
decision, pamphlet, page 154.
= And to this add the words of Lord Stowel
himself, in the case of the slave William
The four judges all in his-that he was slave
Grenada, Haugh dtreenlan in Engiand and he ,couh
have continued freeman in all Other parts of the World er
/ cept Grenada. '-Sdme page 1859.
Sir, these decisions of Lord Stowell were with
= in our own time, they confirm the common law
: Lord Mansfeld's decision was in l772. anC
q almost contemporaries with the Revolution. Tn
: special laws of England brought slavery to tn
American colonies under her jurisdiction, ant
. sometimes against the circumstances of he
American subjects but when British jurisdic
!, ton ceased, the old thirteen States all recogni
: zed Lord Mansfelds maxim Of the common .aw
i Be fright or wrong, it is not important to m,
present purpose. 1t was recognized as law il
, America. Tho old Thirteen States all tolerate
: or abolished slavery, each within its iurisdic
y ton and many of them abolished slavery
Il They permitted or prohibited the slave-trade
Y each atits own will and of the thirteen, ther
}. were but three that permitted tho importation
of slaves when the Constitution was adopted
y They in comfy, permitted the master to brin
,, his slaves from other States, and to recaptur
Ii e l. - j =