Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1865-01-24

wherein each sovereign State should bo repre-
sented and measures be adopted for mutual ben
eht and protection. In this Confederation each
State retained lts freedom, sovereignty, and in-
dependence, except 20 far az powers might be
delegated to the United States. In fact the
States were sovereign, and mighC, as many sup
posed, at any time Withdraw from the Conled-
GRAFTON and snnul the league Of friendship or
treaty Of alliance.
In a short time it became apparent hat in
the Articles Of Confederation there Was nc
thorough bond Of union. There was nothing
to cement the people and the Government and
bind the people u the Government. lJnce W.
lod mat Ia 1857 not tho States but tbs people
oi the United States formed Constitution, and
SCI forth It's purpose a. follows
1--WE the people Of Tho United states in order to form
more perfect union, establish justice, insure domestic
tranquility provide fDr hs defense promote
the general welfare, and blessings OF liberty
70 ourelvsI and our pnst-ry DO ordin and establish
this Conttitutop for uis United states u America"
In the formation OF that Constitution two
great parties were represented and more or les
at issue. One party contended for the soyer-
eighty OF the States, independent, except in GER
tain yielded rights, Of the General Government.
The other that sovereignty must exist in the
General Government, that the power Of govern
ment must rest in the Government itself, but
that certain rights and powers might be reserved
10 the States, TO be exercised in accordance with
and under The Constitution.
The Constitution as we have it to-day the
charter OF our liberties, which respect asmuch
as my friend from Ohio, and would violate no
sooner than he was after much discussion and
many compromises OF opinion adopted. Bu. IN
IT, tO satisfy all sides, the power Of amendment
was provided for, and was really limited, 90 lar
as It's restrictions now 60, 70 one in particular,
and that was that no State shall be deprived OF
its senatorial representation equal to any other
State, except by its own consent As have
before intlmated, our Government when the
Constitution was formed was an experiment.
IL was foreseen that experience alone could de-
termine whether too great power was vested IN
the General Government, or too many rights re-
served to the States. 1t was also loreseen that
in either event the power would not DO yielded
with q willing hand. Man loves power, and o.
Governments are but the aggregation OF men,
they too love and hold it il possible Hence
two modes whereby Congress might call upon
the people to amend tho Constitution were de-
visel. In case it should be found by experience
thsi too many powers or dangerous prerogatiYes
were reserved to the States, then Congress,
whenever two thirds Of both Houses should
deem it necessary, should propose amendments
10 the Constitution.
And on the other hand, whenever experience
might show that too great or dangerous powers
had been granted to the General Government.
then, on the application Of the Legislatures OF
two thirds Of the several States, Congress should
call convention for proposing amendments
Herein We see the honesty and wisdom Of the
trainers OF our Constitution making SO udcious
and perfect aD adjustment that neither the Gen
eral Government can usurp powers to itself dan
gerOus to the liberties OF the people, nor the
States retain powers 10 themselves which endan-
ger the safety OF the Republic But, sir, it
was said by the gentleman from Ohio Mr.. PEN
dletonl yesterday hat there are certain matters
where three iOurths Of the Legislatures nf the
several STATES may amend the Constitution and
ia others not, and when the gentleman from
koutucky Mr.. YeamAn asked my friend from
OHIO to point the exceptional cases he declined
or neglected to answer.
Was it generous in my honorable friend, Mr.
Pendet0nJ the exI onsnt and leader OF great
party, 20 preserve such dignfsd reticence
Could not he have old ~, who are earnestly
seeking after light upoa this subject, wherein
the Constitution, (outside OF bis own reception,)
cannot be amended?
Sir, his love Of truth and his slgacity as
lawyer, overoame his zeal, and hence he made
no reply. Slf admire the gentleman s ability,
and commend him for his discretion. Sir, there
is but one limit in the instrument, and that Ia n
regard to the senatorial representation, and nei
tier you nor |, IN my judgment, can say so far
shall this power 90, and no farther, unless We
pronounce the Constitution itself unconstitu
tlonal.
The several States became members Of the
Union under the Constitution with iul knowl.
edge of its provisions, and it is too late to plead
either infancy or imbecility.
But, sir, 1t Is said that Uy the amendment we
are interfering with vested rights that slaves
we're obtained under the guarantee OF the Con-
sututlon that no amendment can be produced
which changes the status OF the slave. | am
DOT going to discuss the question as to the right
to hold property in slaves. Under my inter-
pretaton OF the Constitution negro slavery was
protected where 1t existed by force OF law, so
long as the States IN which it existed and the
people therot rendered fealty and obedience to
the Government. If you treat slaves as prop
erty, then the condition Of protection wa' the
allegiance Vt the owner. The right of prolec-
ton and the duty OF allegiance are reciprocal
Independent of all Government, man is en-
titled TO what he possesses until dispossessed by
force, and when he connects blmsell with or.
ganIed Governments he Is bound TO recognize
that Government and live under its laws, in or
der to cattle himself or his property 70 Its pro.
tecing power.
But, sir, il s not necessary to discuss the right
Of property In map. Coming from the Green
Mountain State, where the mOuntain.b,oOks
leap, from rock 20 rock, in the full play of free
dom where the winds of heaven sing the song
OF freedom among the trees upon her mountain
tops, and where good old Judge, fifty years ago,
said 10 a claimant who clSimed and presented
bull OF sale for slave, Show me bill of sale
from God Almighty and your title will be rec
oguissd, 1t is not necessary for me 10 say that
in my Judgment there can be no property in
man.
But, sir, it is said that slaves are property,
and Tor the sake OF the argument | will admit
1t, and ii IL further said that property IN them
being vested right, cannot be dvestei, a. it
would be, bY an amendment to the Constitution.
Why, sir, oil rights reserved 20 the o.stos are
vested rights, all rights possessed BY the General
Government, are vested rights. suppose the
States had reserved to themselves the right 70
com money and regulate tho value thereof, that
would be vested right and vet will any gem
elcman say that If hom experience 1t had been
found to operate iniurously to tho best interests
OF the nation, the Constitution could not be 10
amended ss to divest the States oil the right TO
coin money, and rlsce the power in the hands
Of Congress?
Precisely SO with the question Of slavery. 1t
was a veIed aud troublesome question when The
Constitution was formed, 1t was then considered