The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1850-12-24
Our new Habeas CorpusgIaw.

Our new Habeas CorpusGLaw.
Last week, we expressed our views, at
some length, OF the recent enactment of our
Legislature, which has been so widely and
severely denounced as notification. We
have little TO add to what we then said, nor
do we think it necessary TO occupy much
more space with matter really so unmpor-
tant. The last Vermont Waterman has an
able defence of the law-going mainly, how
ever, TO establish its consttuiondiitp It's
remarks arc too extended for quotation.
The relation of State and National legisla-
ton has always been esteemed, in many cas-
es. nice and difficult question to he deter
mined. Such being the case, i, is not al.
ways wise TO be too confident in these mat
tiers, except on good legal authority In the
present instance, there is unquestionably
good reason to doubt what the proper legal
relation Of tho two laws may be, and we have
yet to be convinced that the opinion Of Gov
WILLIAMS on the subject is not quito as good
as that of any of the persons who have 50
positively pronounced the law of our State
unconstitutional. As to the impolicy Of pass
ing such law. when it must inevitably be
practically useless, we have never had a
doubt.
The most sensible article we have seen on
this law, from without the State, we find in
the Providence JOURNAL paper second to
none in the Union for the ability and candor
with which it is conducted, and strongly An.
ti-Slavery in its sentiments. We quote the
following from that without, howev.
err, endorsing what is said of the unconstitu.
ionali,y of the law
An act has been passed by the Legis-
iature Of Vermont, calculated 10 impede
the execution Of the fugitive slave law,
as far as it is possible for an act Of a
state legislature to impede a law Of Con
gress. Such an enactment, which is m
doubtedly wrong and imperative at any
, time, is doubly unfortunate now, when
good men Of all parties are endeavoring
10 quie. the sgitalion which has so DIS
astrously affected the country. Similar
laws, although not quite so marked in
their unconstitL character, have
existed in many OF the free ST a,es, and
we're passed in retaliation for the equal
unconstitutional! and far more outrageous
laws which were previously passed II
South Carolina, Louisiana aud olhel
states, in relation to free negroes iron
the North. The act OF Vermont APP
pears 10 have been passed moons ;derate
ly, and if we may Judge from the rrso'
lutions passed at the same session, il
does not embody the true sentiments Of
the Legislature.
We notice that the act Of Vermont is
almost unanimously condemned The
press has very generally taken the ground
that the law must be sustained, aud that
there is no way of avoiding its provis-
ions, short Of repeal by Congress, or a
decision Of its unconstiiutionaliiy by the
Supreme Court, There is little prcba-
bilny of either of these.
But while we join in the condemna,
ton Of this act, we cannot conceal our
establishment at those Northern presses
which are loudest in its condemnation
yet quite silent upon the corresponding
violations Of the constitution which have
so long prevailed at the South. These
presses can see no fault in unconstitu>
tional legislation in favor of slavery. Il
is only when such legislation is against
slavery that Il cir Indignation arouses.
| They look on unmoved when Northern
free man. charged with no crime, is lrn>
prisonet in South Carolina, and, unless
he is able 30 pay the expense of the out
rage. is sold as slave; they look on
unmoved when the representative Of Mas
sachuseits, going to Charleston with the
commission of,he state. prepared to test
in Southern courts and befm c Southern
judges, the conslllntionality ofsrch pro-
ceedings, was mobbed and compelled Ia
flee for his life. ln all this they see moth
ing of special moment. They do not
cal! f r the repeal Of the law which au-
thorizcs this outrage: and in retaliation
Of which, the unconstitutional legislation
OF which they complain at the North
orig mated.
1t is this silence which disgusts North
ern men, whose sympathies naturally are
all with The constitution aud the laws.
and whose disposition is to keep the
Northern sentiment true aud faithful To
the constitutional compact But when
the papers among us which are loudest
in claiming the ful6lIment Of constllu-
tional obligations North of The Potomac
are so regardless of them South, their
counsel has little weight upon these 10
whom il is addressed.