Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1861-01-18

up and passed a resolution referring all these
statutes that were said to be exceptional by
people abroad, to that board of revision, to
report to the next session Of the Legislature
If any Of those laws were in any way in
consistent with the United States Constitu-
ton, or tie United States laws passed accor-
ding To the Constitution. 1t was passed, all
saying 'We desire no unconstitutional stat
utes on our books we VIII endure none 4.
we shall have them examined by a compe-
tent body, and we have Just raised one. -
The Senate passed the proposition unani-
| mously they sent it to the House in the
! shape OF Il Joint resolution it was there
! passed unanimously, and the subject was re-
/ terrcd to the board Of revision. la all can
! dor, Is not this dealing with the subject
iarly and candidly, and on our own mo
ton 1t Is no foundation Tor ground of Oh.
lection abroad that the State Of Vermont is
dealing unkindly or unfairly or uncandidly
Mr.. johnson, Of Tennessee. Mr.. President,
think l am rather unfortunate to-day. In
the first instance | gave way for an hour,
and IN the next place for quite lengthy
speech to be injected into mine. However, as
the Senator has made an explanation on the
subject, l wish to ask him if he believes the
law passed in 1858 by the State Of Vermont
IN reference to persons of color in that State
Is constitutional or unconstitutional
Mr. Collamer. The gentleman puts to me
question, and he is entitled to have that
sort Of candid answer which l take it the
putting of the question implies | said when
! was up before that had never examined
those laws much myself never have. DO
not know precisely what their condition Is,
nor what their provisions may be exactly. l
have this however, to say about it 1t may
be, after all. that though upon its face some
Of its provisions may look eXceptionable, they
may not really be so. 1t comes to this |
believes that statute declares, in effect, that
all persons held to slavery who come into
Vermont, voluntarily or involuntarily, who
come there Of their own accord, or are
brought there by their masters, shall be con
sdered and regarded as free persons. I rath-
cr think that is the amount Of it. according
to nv recollection. Now, what is the reason
for that | have already suggested that the
supreme Court have intimated AS our people
understand the Chief Justice, that colored
persons have no rights that the white man is
bound to respect at all.
Mr. Benjamin. VIII the Senator from
Vermont permit me-
Mr. COllamer | have heard the gentle
Mr. Benjamin. viii the Senator tell Us
that any man in New England honestly be-
lieves the Supreme Court did decide that
Does he know any man who believes it ?
Mr.. Collamer | can say that | believe
the body Of them honestly say that they
read it so. 1t reads Just so.
Mr. Benjamin. Does the Senator say that
that decision reads so
Tol1o,nor Tho or,iuiOD Tho vnDt 10
man and myself, as lawyers, understand the
difference between an opinion and decision.
The opinion Of the Chief Justice, in rcciting
the history Of the Declaration Of lndepend-
ence and of the Constitution, and the con-
dition Of society at the time when those in
strumcnts were formed, comes to the result
that the notion was entertained at that
period, stating it in about these words which
have before repeated and he leaves it to
be understood that nothing has transpired |
since to change that condition of things
That is the way it is in the opinion OF the |
court that is the way we read 1t; that IS |
the way understand it myself
Mr.. Benjamin. Does the Senator say that /
he understands the Supreme Court to say in |
the opinion, that now, at this day, that col |
ored men havenO rights that white men are |
bound TO respect
Mr.. Collamer, The gentleman gives his |
version to my statement. | choose my own |
version to nv statement. | understand the |
Chief Justice to say, as have already stat
ed, that in the history of these transactions, |
speaking of the period of time and the con- |
dition of the Constitution, that then
Mr. Doolittle Here is the decision, which |
l will hand to my friend.
Mr.. Benjamin. Read the whole para (
graph.
Mr.. Collamer Speaking Of the condition
Of the colored race at the period Of the Dec
laraiiOn Of Independence and OF the lorna
ton Of the Constitution, the Chief Justice, |
in his opinion says
"Thev had for more than a century before |
been regarded as beings of an inferior order,
and altogether unfit to associate with the |
white race. either in social or political rela-
tions and so far inferior, that they had no
rights which the white man was bound to
and that the negro might justly and
lawfully be reduced to slavery for his
benefit.
These are the words, and this is all there
is to qualify that clause. He does not say
any where in the opinion that the status OF
The black man has been changed since. He
SAYS nothing Of the kind. Now, | say that
believe the body of the people of Vermont
,ead that, and, understanding the English
anguage, understand it to mean Just what it
iays. However, that diverts me from the
question put by the Senator from Tennessee.
have answered the Senator from Louisiana,
and have read the paragraph.
Now, Mr.. President, to 60 on with the
question of the Senator from Tennessee, the
State ot Vermont, in legislating in reference
to the action OF her own tribunals, having
nothl2g to do with the United States law in
regard to fugitive slaves but simply in rela-
tlon to the conduct and directions to her own
tribunals in regard to this business of re-
claiming slaves by the act of the master him
sell, has said-her language to her tribunals
ls-you Is are to presume every colored man
lree until the contrary appears. In the
south, we understand. they presume every
colored man to be slave until the contrary
Is Is Sho"h' Now, we say to you in our law
that you shall regard every colorcd
man tree, we care not how bc gpt
here, until the contrary is shown. Isav IN
you MI President, that do not balieve tho
people OF the State of Vermont, or their 10
glslature, ever thought of infrinring the
onl1ed States Constitution. They did not
suppose they had done it /; they never tried
10 do 1t they never intended t. do il and
What precise version they would give to their
"eros as merely law for their own courts.