Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1862-04-11
IRASBURGH VERMONT, FRIDAY, APRIL II. 1862

OulF Instantly dsoOCldtV" WIN IT, ~
some other time the great question o
emancipation in the States may be prop
erly considered, together wuh that other
question which the Senator from Wis.
consin (Mr. Doolittle) takes so great an
interest in, whether the freedmen shall be
encouraged to exile themselves to other
lands, or to continue their labor here at
home. 1t is surely enough for the pres
ent to enter upon the discussion Of slav-
cry at the national capital and here we
are met by two inquiries, SO frankly ad-
dressed to the Senate by the clear-head.
ed Senator, Pomeroy; first, has slavery
any constitutional or legal existence at
the national capitol; and secondly shall
money be paid TO secure its abolition:
1t is true that there can BE- no such
Thing as property in man. Ifthis pre-
tension is recognized anywhere it is an
other instance of the influence If custom.
Slavery was then described inits essen
,iaI character, as pro headed nrbarism.
having its origin, not in reason, Or nature,
or justice, or goodness, but simply in
force, and nothing else. The force
"hich supplies it at the national cap
lioI is supplied by Congress. If the
constitution were rightly interpreted by
a Just tribunal, slavery could ndt exist
here's for freedom and not slavery is
national. lis uncon,tiutionalHy was
ably argued by Mr.. Chase in the Senate
and Horace Mann in the House, and it
follows from the principle declared by
Judge Mclean, that, in the absence of
any power in the Constitution, il cannot
exist, as respiration cannot take place
where there is no atmosphere. This
was applied by him to the territories.
After a protracted discussion Wash
ington was selected as the National Cap
ital. For long time there was besita-
lion between the banks Of the Deleware,
the Susquehanna and the Potomac. The
latter prevailed by a "compromi.e" car
ried by two votes.
Maryland, by formal act, eeded the
errtory which now constitutes tie Dis
irict Of Columbia and CONGRESS. in 1901
proceeded to declare that the laws of
''as they now exist" shall
continue in force. The statutes sane
ioning slavery are colonial and antide- /.
uvian, passed as early as l7I5. These
statutes do not attaint the blood with s.a-
,ery except for two generations yet it
: by virtue Of these provisions that
laves are still held at the national capt. I
al, Even if they extend beyond two
they are fagrantly inconsi,-
ent with the constitution. Congress can
xercise no powers except in conformity
With the constitution. Its exclusive ju-
isdct On is controlled and limited by
he constitution, out of which it is de-
ived.
Now, looking at the Constitution we
ball find, first, that there are no words
Congress to establish or re-
ognize slavery, and secondly, that there
re positive words which prohibit Con-
ress from the exercise of any such pow
r. The argument, therefore, Is two-lold
rst, from the absence of authority, and
scondly, from positive prohibition. a
arbarism like slavery can Lave no sup
ort except in positive unambiguous
lords. There is no power il the con-
itution to make king or to make
lave, and the absence of all such power
hardly more clear in one case than the
ther But if there be no such power,
zen all acts of Congress sustaining sla-
cry at the national capital must be un-
and void. Nobody can
now phrase or word in the consti;u-
on giving the power. If you find it
lere it is simply because you make the !
Constitution a reflex Of Yourself.
But if there were doubt on this point
le prohibitions of the constitution would
title the question, among which is this
No person shall be deprived of life, lib +
'ty or property without due process of
W" Every person now detained as a
ave here is detained in violation Of this
A court properly ins pired,
ID ready to assume that just response d
lity which digoifies Judicial tribunals,
ould at once declare. slavery impossible
re, and set every slave free, as Lord {
ansfield declared slavery impossible in II
ngland, aud set every slave free. The
70 cases are parallel In the British G
Sc of the Somerset, fifteen thousand n
ere set free, while here it will be only 81
teen thousand. Bot since courts will p
t do this work, it must be attempted st