Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1850-12-26
tuatfbp,an s. State 1onrual.


Thursday December %. 1850.
"vermont Nullifcation."
MORE ERRORS CORRECTED.
We ventured in our last to deny two charges
made against the Legislature Of vemont-to
Wit that of .Nidlifeation, and that of design to
incense the South. The newspapers, abroad and
at home, afford texh enough for half dozen col
umns: but We are compelled to believe, this
week, (by the crowd of matter on hand, that
brevity is the soul of Wit"
The Boston Courier, among sundry foolish and
some false assertions, has the following:
State judges are ~ much bound by the Uni
ted Stntes Constitution and laws, as the federal
judges. The jurisdiction of fugitive cases con-
ferred by the act of last session on United states
courts and officers, is an exclusive jurisdiction,
and cannot be shared by state courts.
When Vermont entered the American Union,
she made solemn promise and compact to OBJ
serve the following obligstion:-
@The Constitution and the laws of the United
States, which shall be made in pursuance there
of-shall be the supreme law of the land /; and
the Judges in every state shall be bound thereby
anything in the constitution or laws Of any
state to the contrary Notwithstanding" Constr
tuition of the United States, Art VII
One great error here is in the assumption eth
er that Vermont is ignorant of her obligations, or
intends to violate them. Now it is very posi-
BILE that the Courier might have presumed, with
out great violence to the probabilities of the
case, that the members of the Legislature of Yer
mont were perfectly aware that the Constitution,
and laws of the United States ,chich shall be
made in pursuance thereof are binding upon the
Judges of this state. Certainly we can assure
the Courier that it was not our fault if they were
not, since we took especial occasion, when the
slave question was first raised. early in the ses-
sion, to call the attention of members to the fact
that the Constitution mot the "higher law WIS
by their oath made the supreme rule Of legisla-
tive action. Again: it is quite possible that the
Courier might also fairly have presumed, that the
Legislature passed the habeas corpus act not only
knowing that the Constitution and constitutional
acts of Congress are binding upon our judges,
but also knowing and intending that said Judges
would regard their obligations and execute our
statute in consistency with those obligations
Still again: we are very far from being sure that
the paragraph in the Courier does not imply 9th
err serious errors The /" Federalst," for instance
assures US that the state courts must necessarily
have concurrent jurisdiction with the o. s. courts
in many cases under the Constitution. If 'sces-
sGriiy, and By the Constitution perhaps Congress
could mol vary the matter if it should try to do So
We suspec; that the constitutional restriction up
on Congress as to the habeas corpus-thus sec,r
ing the common law and state constitutional
right-may open the door pretty wide for the
jurisdiction of state courts even in cases arising
out of acts of Congress, and out of the Consti
tuition ITSELF Finally: as the Courier is so very
kind as to show us that unconstitutional acts OF
Congress are not binding upon state courts, per-
haps it could have inferred that the Legislature
of Vermont was quite willing to have its own
right and power to preserve the liberty Of its
own citizens adjudicated and settled in legal,
quiet and peaceable way. We think it great
error to call that notification. To say the least,
it is far preferable to doctrines that are preached
and published daily to the ears and eyes of the
immediate neighbors of the Courier.
Here is a complete bundle of errors-and
worse-of downright falsehoois There is
hardly one word of truth in it:
VERMONT MULTIPLICATION. A correspondent
of the Journal of Commerce shows that the pas
sing of the nullifying act of the Vermont Legis-
lature was the result of fraud upon many of the
members. The writer says it was a trap set by
the disorganizers and sprung at the last hour of
the session. but that it will remain but one year
upon the statute book. He adds too, that Gov
ernor Williams was consulted about the bill,
and that it is his own idea that it came upon
the people of the State like thunder clap, and
many OF the Senators and Representatives were
entirely ignorant of its existence until they saw
it in the newspapers; and all declare that it
never could have passed had it been brought be-
fore a full House-Boston Transcript.
The subject of the fugitive slave law was in
troduced early in the session into the House by
series of pungent resolutions, declaring the
law unconstitutional in sundry particulars speci-
fed-which resolutions were printed IA thing
rarely done.] and laid upon the desk Of each
member of both Houses, and then the subject
was referred to select committee. On the llth
of November three working days of the session
being left i. e. the 18th, 10Th and l3th,) the
committee reported the habeas corpus bill unan-
imously. 1t was then referred to the Judiciary
committee, reported, debated briefly. and passed
by the House unanimously.
In the Senate, tho bill referrad to IFS Iu-
dietary committee, on the 18th, and reported and
passed in concurrence the same day. Governor
Williams was not consulted about the bill-it
was not his own idea-and he never saw it until
it was brought to him officially for approval
The story of its coming upon the people like a
thunder-clap,- is sheer humbug. We do not
remember one word spoken or published against
the measure in Vermont until the g thunder
claps" came in due course of mail from abroad,
safely done up in damp newspapers. Whether
the law will remain one year or more upon the
I