USA > Vermont > Early history of Vermont, Vol. III > Part 8
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tions, by them respectively or by their respective Ministers or officials, authorized to make the same, will deliver up to justice all persons charged with murder or forgery." The requisition of Lord Dor- chester included neither of those crimes. The re- fusal of Gov. Chittenden to issue the requsition led the British Minister to address a note to Timothy Pickering the Secretary of the United States, and claimed that although the treaty included the crime of murder and forgery, as to the other crimes it was left as it was before the treaty, to natural discretion, whereupon on June 3, 1796, the Sec- fetary of State wrote Gov. Chittenden that he had consulted the Attorney General on the ques- tions, and said, " the reciprocal delivery of murders and forgers is positively stipulated by the 27th article of the treaty-the conduct of the two gov- ernments with the respect to the other offenders is left as before the treaty, to their natural discre- tion-but this discretion will doubtless advise the delivery of culprits for offences which affect the great interests of society." And admitted that the view of Lord Dorchester of the questions was right, but the surrender of the fugitives should be done on such evidence of criminality as by the laws of the peace where the fugitive shall be found, would justify his arrest and commitment for trial, if the offence had been there committed. The Governor requested advice from the House, and it was ordered by the House that a committee of three join a committee that should be appointed by council to draft and report to the House a bill directing the mode of delivering up fugitives ;
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and the House passed a resolution as follows : "That it is the opinion of this House that the great interests of society requires that offenders of the above description should be brought to con- dign punishment, and that his Excellency be advis- ed to deliver up the said culprits (if to be found within the State) agreeably to the request of Lord Dorchester."
The matter of extradition came up again in 1799, upon an application from the Acting Gov- ernor of Massachusetts to the Governor of Ver- mont for the extradition of Peter Gilson who had been charged with the crime of forgery, which was referred to the Council that finally decided that in order to extradite a fugitive for alleged crime, the Governor should issue his warrant for that pur- pose, and a form was adopted to be used in such cases.
It has been stated in the first volume of this history that the laws of Vermont never recog- nized the existence of slavery within the State and no person was ever held or owned as a slave with- in her borders. The general sentiment at an early day was against the institution, and that it would gradually die out in the States where it existed, and the sentiment of the political parties was against its extension, but no organization in the State made any effort to interfere with its exis- tence in the States where it was allowed under State laws, until the formation of the abolition party. There was a strong sentiment being devel- oped in the United States against the importation of slaves. As the system of slavery became firmly
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rooted in the southern portion of the Union and its advocates were striving to extend its era, the northern States soon saw that the bearing of its influence was against their interests, and unless it was put in the way of ultimate extinction, it would breed great trouble in the government. There was a growing feeling that slavery was wrong and that the government could not well exist half slave and half free, and as William H. Seward expressed it, in 1860, that there was an "irrepressible conflict between freedom and slav- ery." It was unfortunate that it was provided in the Constitution of the United States, "that Representatives shall be apportioned among the several States according to their respective num- bers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and exclud- ing Indians not taxed, three-fifths of all other per- sons," and that it was also provided by that in- strument that in the choice of President and Vice- President the number of electors were to be equal to the whole number of Senators and Representa- tives to which the State may be entitled in the Congress. Evidently the unequal basis of repre- sentation was the result of compromise. It was unjust that while the slave had no voice in elec- tions, the planter in a slave State possessing fifty slaves, treated as his property, was considered as having thirty votes, while a farmer in a free State having in value the same amount of property was confined to a single vote. The Commonwealth of Massachusetts and the State of North Carolina
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sent to Governor Isaac Tichenor resolutions on proposals of amendment of the Constitution of the United States, for the consideration of the Vermont Legislature, to do away with said un- just representation. The resolutions from Massa- chusetts after stating the provision of the Con- stitution on the subject proceeded as follows :
"And whereas the effect of these provisions has been rendered more unequal and injurious by the course of events since the Constitution was estab- lished, by an augmentation of the number of slaves in the Southern States, and also by an in- crease of personal property in the Eastern States, arising from the commercial spirit of the inhabi- tants :
"And whereas the said provisions have been rendered more injurious, by important political changes, introduced during the present adminis- tration, in the purchase of Louisiana, an exten- sive country, which will require great numbers of slaves for its cultivation, and when admitted into the Union, agreeably to the cession, will contribute, by the number of its slaves, to destroy the real in- fluence of the Eastern States in the National Gov- ernment; and also in the original mode of electing the President of the United States, whereby, in the appointment of that important Magistrate, the right of the small States, (among which are most of the Eastern States,) where there are few or no slaves, is greatly diminished :
"And whereas in the apportionment of the di- rect taxes, the only compensation proposed by the Constitution, to the States not holding slaves, for
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the aforesaid unequal principle in the representa- tion, is now merely nominal, as the National Reve- nues are principally derived from commercial im- posts, the present administration having repealed the excise laws, which operated in some measure, by a tax on luxuries, to equalize among the several States the contributions to the public burthens ; and having also recently assessed additional mil- lions on commerce, of which the Eastern States must pay much more than their due proportion, so that instead of contributing less than their proportionate share of public expense, as was contemplated by the Constitution, as a counter- part to unequal representation, they contribute more:
"And whereas a union of the States, a measure so important in its consequences, cannot harmoni- ously exist for a long period, unless it be founded on principles which shall secure to all free citizens equal political rights and privileges in the govern- ment, so that a minority of free citizens may not govern a majority, an event which, on the princi- ples of representation now established, has already happened, and may always happen.
"Therefore, to preserve the Union of the States, upon sound and just principles, and to establish a foundation for general harmony and confidence among all the citizens of the United States, by securing to them now, and at all future periods, equal political rights and privileges :
" Resolved. That the Senators of this Common- wealth in the Congress of the United States be, and they are hereby instructed to take all proper
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and legal measures to obtain an amendment of the Constitution of the United States, so that the Representatives be apportioned among the several States according to the numbers of their free in- habitants respectively, and for this purpose, that they endeavor to obtain a resolution of two-thirds of both Houses of Congress, proposing such amendment to the Legislatures of the several States in the Union."
The resolutions from the Legislature of North Carolina were to the effect that their Senators and Representatives were requested to take steps to ob- tain an amendment to the Federal Constitution so as to authorize Congress to pass a law, to pre- vent the further importation of slaves, or people of color from any of the West India Islands, from the coast of Africa or elsewhere, into the United States, and requested their Governor to transmit copies of their resolutions to the Executives of the different States of the Union, that the same might be laid before their respective Legislatures for their concurrence and adoption. Governor Titchenor in his speech to the Council and House of Representatives, said as to these resolutions, "it cannot, I flatter myself, be necessary that I should impress upon your minds, that the genius of universal emancipation ought to be cherished by Americans, and that there is no complexion in- compatible with freedom; and that we owe to the charter of our country, in the abstract, and the laws of humanity, our best endeavors, to repress the impious and immoral traffic." These resolu- tions came before the Assembly for consideration
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when the committee of the whole, at first made re- port adverse to the resolutions. At this time ex- citement ran high between the Federal and Jeffer- sonian parties. This adverse report was favored, generally by the Jeffersonians and opposed by the Federalists ; and in the message drafted in reply to Governor Tichenor, they said that the amend- ment proposed to the Constitution of the United States, "would have a tendency to destroy, rather than confirm, the Union among the Federal States so essential to our prosperity." But later the Jef- fersonians had another opportunity to put them- selves on record in respect to slavery, and disarm any criticism of their action in rejecting the amendment of the Constitution proposed by.' Massachusetts, so far as it touched slavery. And they united with the Federalists, in adopting the following : viz.
"The amendment proposed by North Carolina, and adopted by Massachusetts, for putting a stop to the importation of slaves into the United States, should be duly attended to. Universal free- dom is one of those fundamental principles of our political institutions which are engraven on the mind and live in the affections of every true Ameri- can. And although our country is already infested with slavery, the toleration of which might seem to contravene the general system of our policy, we trust that the humanity and justice of our country will prevent the increase of the depre- cated evil, and arrest, as soon as possible, that execrable traffic in human flesh."
On Oct. 30, 1806, the Council took into consid-
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eration the following resolutions received from the House: viz, " Whereas there have been a number of instances of negro persons, who were minors, having been transported by evil minded persons from this to other States and Province of Canada, where slavery is established by law, and there dis- posed of as slaves, which practice is contrary to the genius and principles of the good people and government of this State, and, therefore, the evil of which pernicious practices to prevent :- Resolved, there be a committee of five members to join a com- mittee from the Council to take under considera- tion the propriety of passing a law for remedying the evils above mentioned and report to this House by bill or otherwise." This resolution was adopt- ed, and resulted in passing, on Nov. S, 1806, an act to prevent kidnapping. By the act, the offender, if found guilty "of carrying, removing or aiding and assisting in transporting any person or per- sons who are or shall be residents in this State, into any other State, Province or Government and dispose of the same into servitude for any longer term of time, or in a different manner than he or they could have a right by law to do within this State, should be publicly whipped on the nacked back not exceeding thirty-nine stripes, or, pay a fine of $1000 and be confined to hard labor or imprisonment not exceeding seven years."
On Oct. 25, 1819, the Vermont Colonization Society was organized at a large meeting consist- ing of members of the Legislature, and other per- sons, without distinction of party, Governor Gal- usha presiding. Its officers were selected from the
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most able men of the State, and their avowed pur- pose was to aid in the extinction of slavery. In the proclamation for a fast, issued on the next day, Governor Galusha enjoined prayer to Almighty God, that He would "put down the tyranny and oppression, and open a way for emancipation of all that degraded class of human beings who are held in slavery, especially those in this highly favor- ed country." In response to a petition of the Col- onization Society the General Assembly on Nov. 5, 1819, adopted the following: viz., "Holding as sacred the great principle, 'That all men are born equally free and independent, and have cer- tain natural, inherent, and inalienable rights, among which are the enjoying and defending life and liberty, acquiring, possessing, and pro- tecting property, and pursuing and obtaining hap- piness and safety.'
"Resolved, That, whilst this General Assembly deeply deplore the degraded and abject situation of the colored population of the United States, and most sensibly feel a sympathy for the white population of the South, on whom, without their own procurement, is entailed a great calamity, it is with heartfelt satisfaction they witness the laudable and humane exertions of many good men from different sections of the country, especially from the middle and southern States, in establish- ing the American Colonization Society, for the purpose of colonizing the free people of color of the United States, on the west coast of Africa, a measure wisely calculated, in the opinion of this General Assembly, to alleviate human woe, and
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eventually to secure this country from great and impending evils.
"Resolved, also, that this Assembly do most cordially approbate the recent organization of the Vermont Society, auxiliary to the society aforesaid, and cheerfully recommend the same to the favorable consideration and encouragement of the good citizens of this State, confidently hoping that, un- der the guidance of a beneficent, all wise, over- ruling Providence, their benevolent exertions for extension of human happiness may be crowned with abundant success.
"Resolved, also, That the Senators of this State in the Congress of the United States be instructed, and the Representatives requested, to exert their influence for the adoption of such measures as will more effectually promote the great and benevolent views and objects of the society aforesaid, and use their best endeavors in supporting all con- stitutional measures to prevent the further exten- sion of that great national evil."
In February 1819, a proposition came before Congress to authorize the people of the territory of Missouri to adopt a Constitution with a view to admission into the Union as a State. The propo- sition to exclude slavery was brought to the front. The people of Vermont generally took a decided stand in favor of the exclusion of slavery, and all of her Representatives and Senators in Congress, except Mr. Palmer, voted to exclude slavery. The political opponents of Senator Palmer availed themselves of the favorable opportunity to censure him for his course on this question. The people of
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Vermont viewed with deep concern the attempt to introduce slavery into the territories of the United States, and to legalize it in the States to be admit- ted into the Union; they regarded it as a measure tending to increase and perpetuate an evil of great magnitude and danger, as it would deprive a portion of mankind of those privileges which Republican principles guarantee to all, and at no distant period, subject the master to the vengeance of the slave, and would tend to perpetuate slavery by adding the influence and power of States to be found within our territories, which eventually might constitute a majority of the Union. The people of Vermont did not perceive that the prin- ciple of compromise, that conceded to the slave- holding States the legal right for the people there- in to hold slaves, extended to States thereafter to be admitted into the Union. They took the ground that the powers of Congress were adequate to pro- hibit the further introduction of slavery and not bound to admit any State into the Federal Union unless on such conditions as shall beconsistent with the general welfare. Resolutions embodying these principles, and instructing the Vermont Senators and requesting her Representatives in Congress to use their influence to prohibit the introduction of slavery into the territories of the United States and to prevent its being legalized in any State thereafter to be admitted into the Union were pre- sented to and received by the Vermont Assembly in 1819, but were ultimately, after debate on them, dismissed. The record that they were adopted and then tabled and then taken up and dismissed
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is erroneous. The avowed reason for the dismis- sal of the resolutions were that the above quoted resolutions in response to a petition of the Ver- mont Colonization Society, sufficiently expressed their anti-slavery principles. Undoubtedly the Legislature considered the principles and powers and restrictions contained , in the Missouri Constitution that was strongly fovored by the South, as anti-republican and repugnant to the Constitution of the United States. The subject was agitated with great warmth in Congress, and the parties in that body were marked by geographi- cal division, and were actuated by feelings danger- ous to the Union. The southern party alleged that the admission of Missouri without restriction would not tend to perpetuate slavery, nor increase the number of slaves, but they would simply re- move from one State to another; and it would be a dangerous and tyrannical act in the Federal Government and infringe upon the sovereignties of the States should the restriction of slavery be per- sisted in and adopted. These claims were unsound and the policy of the advocates of slavery bad in its consequences as the sequel has proved. The bill passed for the admission of Missouri without any restrictions, but with the inhibition of slavery throughout the territories of the United States north of 36 degrees and 30 minutes north latitude.
At the session of the Legislature in November 1820, the Governor transmitted to the Assembly resolutions on the same subject which were referred to the following committee: viz. Chancy Lan- don of Castleton, Moses Robinson of Bennington,
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Matthias S. Jones of Waitsfield, Benjamin Miner, Jr. of Bridport, Isaac Fletcher of Lyndon, and William Gill of Leicester, of the House, and Lieut. Gov. Cahoon of the Council, who made a report to the Assembly on the Virginia resolutions and on so much of the Governor's speech as related to the admission of Missouri into the Union. The report was made Nov. 15, 1820, and showed the deep seated anti-slavery sentiment that was generally entertained by the people of Vermont at the time and was as follows :
"That the history of nations demonstrates, that involuntary servitude not only plunges the slave into the depth of misery, but renders a great proportion of community dependent and wretched, : and the remainder tyrannic and indolent. Opu- lence, acquired by the slayery of others, degener- ates its possessors, and destroys the physical pow- ers of government. Principles so degrading, are inconsistent with the primitive dignity of man, and his natural rights.
"Slavery is incompatible with the vital princi- ples of all free governments, and tends to their ruin. It paralyzes industry, the greatest source of national wealth, stifles the love of freedom, and endangers the safety of the nation. It is prohibit- ed by the laws of nature, which are equally bind- ing on governments and individuals. The rightto introduce and establish slavery, in a free govern- ment, does not exist.
"The declaration of Independence declares, as self-evident truths, "That all men are created equal-that they are endowed by their Creator
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with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are insti- tuted among men, deriving their just powers from the consent of the governed: That when- ever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it.'
"The Constitution of the United States, and of the several States, have recognized these principles as the basis of their governments: and have ex- pressly inhibited the introduction or extension of slavery, or impliedly disavowed the right. The power of Congress to require the prohibition of slavery in the Constitution of a State, to be ad- mitted as one of the United States, is confirmed by the admission of new States according to the or- dinance of 1787, and by a constitutional "guar- rantee to every State in the Union of a republican form of government." This power in Congress is also admitted in the act of March 6, 1820, which declares that in all that territory ceded, under the name of Louisana, which lies north of 36 deg. 30 min. north latitude, "slavery and involuntary servitude shall be forever prohibited.'
"Where slavery existed in the States, at the time of the adoption of the Constitution of the United States, a spirit of compromise, or painful necessity, may have excused its continuance, but can never justify its introduction into a State to be admitted from the territories of the United States.
"Though slavery is not expressly prohibited by
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the Constitution, vet that invaluable instrument contains power, first principles, and self-evident truths, which bring us to the same result, and lead us to liberty and justice, and the equal rights of man, from which we ought never to depart. "In it is seen a deep and humilating sense of slavery" -and a cheering hope that it would, at some future period, be abolished-and even a determina- tion to do it.
"It is apparent that servitude produces in the slave-holding States peculiar feelings, local attach- ments, and seperate interests: and should it be extended into new States-it will have a tendency to form a combination of power, which will con- trol the measures of the general government;" and which cannot be resisted, except by the physi- cal force of the nation.
"The people of the United States adopted the Constitution " to form a more perfect Union of the several States, to establish justice, to secure domes- tic tranquility, provide for the common defence, promote the general welfare, and secure the bless- ings of liberty;" and have thereby blended and inseperably connected the interests, the safety and welfare of every State in the Union. We, therefore, become deeply concerned in the fundamental prin- ciples of the Constitution of any new State to be admitted into the Union. Whatever powers are necessary to carry into effect the objects of the Union, are implied in the Constitution, and vested in the several departments of the general govern- ment.
"The act of the United States, authorizing a
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provisional admission of Missouri into the Union as a State, does not pledge the faith of govern- ment to admit, whatever may be its Constitution or system of State government: for that Consti- tution, by the act, must be Republican, and not repugnant to the Constitution of the United States.
"From information, it is to be seriously appre- hended that Missouri will present to Congress, for their approbation, a Constitution which declares "the General Assembly shall have no power to pass laws-First, for the emancipation of slaves, without the consent of their owners, or without paying them, before emancipation, a full equivalent for such slaves so emancipated-and, secondly, to prevent emigrants from bringing slaves into said State, so long as slavery is legalized therein. It is also made the imperious duty of its Legisla- ture to pass laws, as soon as may be, 'To prevent free negroes and mulattoes from coming to, and settling in that State, under any pretence what- ever.'
"These powers, restrictions, and provisions, to legalize and perpetuate slavery, and to prevent citizens of the United States, on account of their origin, color or features, from emigration to Mis- souri, are repugnant to a Republican government, and in direct violation of the Constitution of the United States.
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