Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1839-04-19
FRIDAY, APRIL 10, 1899.


r regulation of the conduct of it's citizen
e h"u having power to define and pun,s
= crimes, Is chargablc with the duty of pr,
D lection 10 The citizens. and punisbmcr
oe'og necessary to his protect ion, has tn
f'gnt 10 demand the surrender of the feloI
T -. Inc duty incumbent on the State {
vermont to make the surrender, result,
rom The political standing and characte
o' 'ne slate. from their power to enact law
,or 'he general protection Of its people. an
} rom the limitations imposed BY the con
sl'tnt'on of the United States.
me political character and standing q
the state. may be stated in a few words
IL Is Tree, sovereign, and Independent
s'a'e. The people acknowledge no supe
nor; rule by no delegated authority. hol
me charter ofthcir liberties from the source
OF aI' power, exempllfied under the broa,
seal OF heaven. They have all the power
winch any people can possess. establish
their own constitution, enact laws and ca r.
~ 'hem INTO execution, define crimes ant
punish Offenders establish courts and admin
's'ef justice, and in fine do any thing ant
every thing necessary for the protection o.
the citizens and the advancement of the
common good. The limitations upon thei,
| legislative power are by their own consent
ana oy their voluntary agreement. Blu,
these limitations are no dlmlnution of the
Po''t'ca' power OF the people, but quite the
reverse. Both governments having their
o''g'h III the same source, the people oil
each state have more political power since
the formation of the general government
lnan each state had separately before .or
'he powers thus delegated are not lost to
ne people and there is a gain to each state
oy me power acquired over the people oil
all the other states.
1t must be conceded that Vermont be
lore It's admission into the union, was free,
sovereign, and independent, having all the
powers that any state, or people can have,
and OF course an unqualified right to de-
'nand and surrender tugitives. The ques.
ton then is, whether by the admission OF
vermont into the union, this right is taken
away.
Inc farest mode of examining the ques.
ton Is to consider the formation of tile
constitutions of Vermont and of The United
states as contemporaneou acts. The PEG
pie OF Vermont in conjunction with the
people ofthe other states grant certain de-.
f'ned powers TO the general government,
reservlng all other powers TO the states,
and at the same time the people OF Vermont
form and establish the state government.
The United States government though
possessing transcendent powers, is still a
limited government. Each government
emanaling from common source, is indie.
pendent Of the other. Neither is the one
auxiliary to the other. but so far as the one
Is necessary TO the other, there is mani.
test preponderance in favor of the states
Expunge the constitution Of the U. States,
and still the states would remain in full
vlgor IN the entire possession of absolute
sovereignty, but strike out the states and
the general government falls.
But there is no occasion for any contest
for supremacy between the two govern
menis, they are both free, sovereig and
independent, are both governments of the
same people, constituted with different
powers, but exercising them for the same
purpose.
The sovereignty of the national govern.
ment does not necessarily destroy the SOW.
ereignty of the state nor abrdgc any of its
powers, but each ls left in the full and com.
pIele enjoyment Of all the powers incident
to The sovereignty. We are members Of
two governments, and are free citizens of
both, exercising the powers of each &C.
cordlng to the terms Of the constitution
adopted for each. This distribution of
power between the two governments, does
not imply any dependence of one upon the
other, but leaves them both independent.
"Two sovereign states may be subject to
the same prince without any dependence
on each other, and each may retain all its
natlona rights free and sovereign. Several
sovereign and Independent, states may unite
themselves together by perpetual confed
eracy without each in particular ceasing to
be perfect state. They will form togeth
er federal republic and the deliberations
IN common will offer no violence to The
sovereignty of each member, though they
may in certain respects put more constrainl
on the exercise Of it in virtue of voluntary
be free and independent, when he is obliged
to fulfil the engagements into which he has
very willingly entered" Vattel B. !. CHI |,
SO
1t is said the surrender of fugitive feIons
is an act of sovereignty and therefore per.
,ains to the United States. If this be
granted. it by no means follows that the
state may not also exercise it, for the state
also is sovereign in the highest sense of
the word.
The denial of authority to the state must
be founded on the proposition that the
power is exclusively vested in the general
government. But this is not to be admit.
ted upon doubtful reasons, nor the power
Of the state denied by constructive grant.
The breath of implication should not be
allowed to blow away high power of the
state SO necessary as means ofprotection,
and so indispensable to The perfect security
Of its inhabitants.
As the power of surrendering is no! spe-
officially granted in either constitution. it
rema,ns with the pcople of the state Ms