Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1861-11-01

transportation out Of the State, "unlcss it be in
/ pursuance Of the laws thereof But we have no
State laws authorizing or regulating the trans
pouaton Of phue persons out Of this State and
the implication fnot the tenor Of this bill is that
such act is or may be rirhtfully prohibited by
State legislation. Let us then suppose, that one
OF this honorable committee should himself be ar
rested fugitive from service. Perhaps this
arrest is made under the claim that section 2,
Article 4, of the United States Constitution "exe-
cutes itselin-that the fugitive slave is to be re-
gardud like the horse broke loose from his pasture
which the "ownci,n (swcct world. has only TO catch
/ and lead back by the halter Perhaps our com
mittce man Is arrested with a iormality and sole
unity more betting his staiion--by the Marshal
of the District, upon a icairdH even, 60 require
which, according TO the report OF the committee,
would be plain violation Of the Constitutiou),
and is hauled before a commissioner under the
fugitive act of 1880. "But | am a tchite person, "
says our friend, "and Vermont has prohibited the
| kidnapping or transportation Of phite persons. ~
/ "White person be d-d,' answers the chivalrous
slave owner, 81 can prove that your mother was a
slave. and trace back your gcnealogy through the
middle passage TO the great slave hunt in Dahomy,
where my ancestor bought yours and honestly
paid for him, with three gallons OF rum and a.
many plugs of tobacco. Besides, whether you are
white person or not, depends upon the decision
Of my friend the commissioner here, who is allowed
FIVE dollars extra for deciding this question a.
gainst YOU As to your State law, know you not
that You cannot . in consequence OF any law OF
regulation therein be dischargcdYn
Verify our committee man is answered, and in
spite OF hdbeds corpus, right OF trial by Jury. OF
being confronted by the witnesses against him,
and like muniments of civil liberty about which
he may gable, he would fnd, upon his own
theory, that the question Of whether or not he
was wHite person must be determined by the
commissioner and secondly, II white person
lDtlt he WAS Inc less Uf
that account.
D. Bat the most marked feature Of this bill
" f0r the protection and DreserUdti0H Of person
al hbedy,' God save the mark y is the utter
ignoring Of every claim upon the State for pro
lection OF all 'b{aek ~ nutiafto PERSONS who
cannot appropriate the prefix free Il ma,
not be too much 70 say that the black man. though
a slave, has some rights, even under the Consti
tuition OF the United States. which the white man
If not hound to respect, may with decency re-
spect. Thus, by the Constitution the deliver,
OF the fugitive servant is TO be made 'on claim o.
the party to whom such service or labor may b,
due.n"
Now as this is a special and peculiar right, ant
by the Constitution to be exercised only upoi
" claim 90 and that claim to be made only by " th
party TO whom such service or labor may be due,
certainly It is competent for the state Legisla
turc to prohibit any other interference with th,
personal security OF the fugitive, though lac may
be a bluck or muiaito person and not free. Bu
this bill proposes to leave the fugitive black o
niulatto slave the common prey Of every yolun
teer yagabond rascal and kidnapper, who choose
TO pounce upon and hurry him OFF by violence OF
decoymcnt, even witt0m "claim of the party T.,
whom his service or labor NAV be due" Is th,
State Of Vermont ready for this
have great respect for the legal learning o
the committee TO revise the statutes but when
comes TO the drafting of nets for the protection
aud preservation Of personal liberty" commend
me 10 a less learned body. QUERE.
The Committee, protesting to quote the Ian
guage OF the Constitution use the words may
bslong.n instead Of the words found in the author
lied version, " mag be due Query-Whethei
it fairly falls within the powers Of the Committee
20 revise the Statutes of the State, 10 revise also
the language OF the Constitution OF the United
States, upon the ground merely that the L. $
Constitution is embraced in the same voum,
with our Coupled Statutes.