The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1843-10-25

one year from the time of passing Of snch
sentence, nor until the whole record of the
proceedings IN such case shall he certified
to the Governor nor until a warrant shall
be issued, bv the Governor, under the seal
of the state, with the record annexed there
10. directed 10 the Sheriff of the county
where the states prison is situated, COM
handing said Sheriff to cause execution to
be done upon the person, upon whom sem
tence had been passed, 1t is understood
that there has been one conviction and sen.
tence under this law, which il will be my
reluctant duty TO pass upon, as the law APP
pears TO me TO be objectionable.
| cannot believe for a moment that it was
tine intention ofthe Legislature. BY this act
to prepare the way for the sotal adjustment
of capital punishment. even in cases of mur.
der 4; for such measure, in my opinion.
would be fraught with evils of most dire
ful kind - but this law, which changes in
some measure our long established mode of
administering criminal justice, may give
occasion for beliefin the public mind. that
after conviction there will he less certainty
Of punishment.
Although this statute may be open TO
some other objections, that part of it which
relates to the issuing of death>warrant BY
the Governor, is perhaps the most so. 1t is
not sufficiently explicit, to show distinctly,
whether it is mere discretionary power,
that he may or may not exercise. after ey-
aiming the record of conviction, or a duty
to be performed as a ministerial officer. If
it means the first. it is in effect power to
pardon or commute, which is not given him
by the Constitution, and cannot be CONTEXT
red by the legislature. Ifit means Tie last,
why impose this ungraciors duty upon the
Chief Magistrate, who in most governments.
and in this to a certRin extent, is entrusted
with the privilege of releasing from punish
ment, and not the stern duty of INJECTING
it. But if he is to order a convict 10 eXccu-
ton, the most solemn of all official acts, it
should be done by express authority of law,
and not left 20 inference or construction.
1t is submitted to your consideration wheth-
er this law should not be repealed, or at
least revised.
The sad existence of Slavery in many
Of the states Of this Union, should be the
cause Of deep humiliation to tho mo5alist,
the patrot. and the christian; but the con-
tinuance of this ineffable cusre in the Dis
trict of Columbia, and in the Territories,
should excite our warmest indignation
There. thousands of human beings are in
perpetual bondage and slave market is
openly held at the seat of the freest gov
eminent upon earth. This IS spectacle
fit only for tyrants 10 behold and to make
this state of things not only permanent, but
as il .lso to fnsten the awful responsibility
of it upon the citizens of the free siates.s
there have not been wanting representatives
in the Federal Government, from those state
(happily none from our own,) who have re-
fused, where Congress has clearly the right
to act, to let the oppressed go free, and 10
abolish traffic, which, by the spirit of the
laws even of that government, is ranked
With piracy itself. Nay, more they have
silenccd remonstrances of sovereign states
against these grIevous wrongs, and exc!d-
ded the petitions of the people.
A stale NAV not infringe the compact as
il exists on the subject of slavery, any more
han other parts of the Constitution. We
have all sworn 10 support that insurumant
and To attempt 10 evace or repeal the oath.
by casuistical sophistry as 10 IFS binding
force, would be neither Just nor wise. But
whatever legislative powers the states DO
possess, should be exercised as occasions
arise, 50 as not 10 give one scruple more Of
living flesh than the bond requires.
An unhappy decision Of the Supreme
Court OF the United States, made in January
1912, in the case Of Priggs Us. the Slute of
Pennsylvania, it is believed will occasion
some Danger to free colored people who
may be found in this state. In that case il
is understood 10 have been decided that the
Federal Government have an exclusive
right 10 regulate the mode in which the
claim of a master over his fugitive slave
shall oe made that Congress has already
exercised that right, in perfectly cnnsiitu-
tional manner, through the law Of 1893
that ali legislation on the part Of the several
states, which directly or indirectly limits o:
restrains tie right of recovery Of fugitive
slaves, is entirely null and void; that no
st0ta can pass law in any way interfering
with the power of summary removal from lis
territory of an individual claimed as fugi.
tive save,-2rovided that this power be ex-
ercised under The sanction of the United
States Courts but it is not obligatory upon
any state to suffer IFS own magistrates 10 ex>
ercise the same power.
The law of Congress of 1898 confers the
same power upon state magistrates as that
given to judges of the United States Courts.
and upon that statute the Court says, that
their magistrates may. if they choose. exer-
else the authority thus conferred, unless
prohibited by stale Legislation" This de-
cision is al present the law OF the land, and
the darger is. that among our great number
of magistrates, some may be found who are
not we'll informed as TO their duty, aad may
act unadvisedly. and thus. upon false claim
consign some unfortunate being forever to
hopeless sIavery,-for from the decision of
The magistrate there is no appeal.
Therefore recommend to the Legislature
10 pass law prohibiting all magistrates, ac-
ing under the authority of this state, from
taking ropnizance Of or acting under, the !