Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1850-12-19

ties to use all lawful Oceans to protect, defend
and procure to be discharged all Of our people
~bo may be imprisoned, arrested or claimed q
fugitive slaves.
The right of the legislature 10 provide for the
defence and protection Of all the Inhabitants o
the State, against wrongful claim and seizure BY
any perron or persons whatsoever, presume vii
not be questioned. Il is not only the right OF The
legislature, but it 10 a duty enjoined upon then
by the constitution of the State. ~.
The third section provides that the writ o
habeas corpus may be granted, on application o
the Siates attorney in his official capacity, sta
ting in substance what is required by the revised
statutes, &c. lss,i 80 :,
The IF h and sixth sections of the act only
90 far alter the revised statutes, as to allow to
the person arrested or claimed as fugitive
slave, on hearing on habcas corpus before the
Judge IN vacation, an appeal to the supreme o.
county court, on furnishing reasonable osil IL
the supreme or county court allow frtnI byj"Ty
all questions of fact in issue between the par
ties,-and provide that the costs of The proceed
ing, when otherwise chargeabls 10 the person ar
rested or claimed as a fugitive, shall. be paid BY
the State.
The 36th chapter of the Revised Statutes al.
lowed The hsbeas corpus TO all persons This
was never supposed TO except persons claimed
as fugtIves from slavery. But the act Of 1851
allows an appeal to The supreme or county court
and trial by jury. on all questions OF tact IN Is
sue in the case. Had 1.-The legislature the constr
tuonai right to pass an act with such privileges:
This depends upon the RICH; Of the Legislature
to grant the power to the Stale Judges 10 issue
the writ of habeas corpus in such cases. Does
any body deny that right? Certainly. it would
be most extraordinary doctrine to hold, thai
each State had not the power to protect It's own
citizens, so far as to allow the writ OF habeas
corpus, 10 any person restrained Of his liberty, to
be issued BY its judicial tribunals and Judicial
officers to inquire into the cause Of mnprlson.
ment 4..
The people of the State Of Vermont have FIX
ed the matter in their Constitution, IN these
Words
1.-THE writ of habeas corpus shall, in no casy ,
be suspended. 1t shall be a writ ssuablc OF
right; and the general assembly shall make Po-
vision TO render it speedy and effeciuai rentdy
IN all cases proper therefor. -.7rt. IL Of .4"tnd-
mems.
Every inlabtant Of the State is amenaIle to
tie laws aud hound to contribute his proportion
towards the expense of its government, ind to
yield his personal service when required, ,nd the
Stale Is bound 10 protect every one Of its people
in the enjoyment OF life. liberty, and property
.AL 9, Cohst. Of ".
Whist S,aie is acting within the legitimate
scope OF Its powers as to the end To be attained,
il may use whatever means, beng Appropriate TO
that end, il may think City Of .Ew York, ".
.Nia, / Peters U. S REP. 100.
Does the Constitution or do The avs of the
United States prohibit the States irom allowing
the writ o habess corpus, or from regulating the
manner of iry,ng the Issues OF fact On the hear
iny of the same?
e. 4 - \
sec. 81 declares that athc privilege of the writ
of hnbeas corpus shall not be suspended, unless
when in cases of rebellion, or lnsas on, the pub
lie safety may require IT.
The 5th article of the Amendments declares
that " no person shall be deprived Of his liberty
without due process of law"
What provision OF the Constitution is l., which
is vioIsied by the law of Vermont? Will some
of the " nice boys" who are correspondents for
The Boston Tins, or will the editor OF the Re
public please to point it out, that all may see II?
Certainly it cannot be claimed that by the I'd
section of art 4, Of the Constitution OF the Uni
ted States the writ OF habeds corpus is suspended.
II will no, be claimed that the 9Th sec. of art.
I, is rendered nuga,ory by the 81 sec OF art a.
but both sections will be adn,nted to be opera
tive and consistent with each other
No act or Congress mas ever been passed de-
nying to the States the power to grant the writ
OF habeas corpus, or 10 legisate upon the manner
of trying the same. And no act has been pass
ed by Congress to supend the privilege OF this
writ The act of Congress Of 1850, relative TO
fugitive slaves, does suspend IL. See opiD-
ion of Attorney General Critenden. And it the
act of 1850 did profess to suspend this writ, ii
would, so far, be OF no validity.
II would seem, then, that the legis' alton of
Vermont. in thus matter, was not prohibited by
any act of Congress, and is not opposed TO any
constitutional p DIVISION.
Persons claimed as fugitive slaves do not. BY
thai claim, lose The privilege of the writ OF habeas
corpus.
Persons arrested and cl lined as fugitive slaves
have been granted tie writ of habens corpus In
the free and in the slave STATES, by the Judges
of the State Courts, and n" quesIinn has ever
been made, as t. the power OF the State Cours
and State Judges To grant the wri' aud try the
CASE Commonwealth v. .9nes, Ia Pukering' s
.iass r. l93. Commonwealth v. Taylor. 3 Mel.
caT r. n
In North Caro'inl a person was arrested or
claimed Us a slave; a writ If habeas corpus was
allowed him by State Judge; and on the heal-
ing, he was d schnrged.-Ffee JACK v. Woodruf
3 Hamkins Rep. LOG.
In Virginia person claimed as slave was
taken on execution he brought hnbeas corpus
and tile validity Of Dill Oh SAFE VI inc Pettlon-
er, as against creditors, was tried on the hearing
and the petitioner was held TO be a freeman and
was dlscharged.-Ruddeliv Ben, 10 Leigh Rep
467.
Another case in Virginia where the person
claimed as a slave was allowed this writ.-D
Lucy v. .anioine, z Leigh r. 4s3.
Whenever person is deprived of the privil-
| eye Of going when and where he pleAsos, ho !.
restrained Of his liberty, and has right to in
qure if that restraint be illegal and wrongful
and that, whether it be exercised by jaller
constable, marshal, sheriff. other officer, or b!
private individual. -,
State Courts have concurrent jurisdiction Will
the federal courts Of the writ Of habeas corpus
where the applicant is held BY an officer OF thu
United States.- Commonwealth v. For, Barr
Reports 8.
In the case of John .Norri, rs. Leander Nes0
ton, and Others, tried in the State OF Indiana Ma
Term, 1850, before the U. S. Circuit Court, Judg
Mclean says
LIST. "A State Judge may issue writ Of babe
as corpus, aud inquire into the cause OF deten
ton OF person claimed as a fugitive slave"
Cd. Every person within the jurisdiction
State owes to 1t an allegiance. He is answer
! able 10 the laws of the State, and the State !
bound to pnaect HIM in HIS legal rghts-"
Sd. When it appears by the return OF the hd
beas corpus. that the person arrested or ,"Pr.son
r.