Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1850-10-03

mails from the contempt of man. There Is
more in them than we are apt to think.
IMPORTANT DEcIsIoN-We give below
the charge of Judge Mclean, in recent
suit for damages, brought against Leander
Newton aud others, for harboring aud con-
cealing runaway slaves. The case is re-
ported in the Western Law Journal, and as
the points determined by the Court possess
particular interest at this time we copy
them entire.
The State of Indiana, Nay Term, 1850.
John Norris, Us. Leander Newton, ct al.
1. Under the Constitution of the United
States, the master Of fugitives from labor
may arrest them wherever they shall be
found, if he can do so without breach of
the peace, and take them back to the State
from whence they fled.
2. A State Judge, on proper affidavit be-
ing made, may issue writ OF habeas cor
pus, and inquire into the cause ofdetention.
3. The affidavit Of a colored person is
sufficient for this purpose.
A. Every person within the jurisdiction
of State owes to it an allegiance. He is
amenahle to the laws of the State, and the
State is bound toprotect him in the exercise
of his legal rights.
5. When it appears by the return Of the
habeas corpus, that the fugi,ives are IN the
legal custody of the master, and the facts OF
the return are not denied, there is an end
to the jurisdiction of the State Judge.
6. His jurisdiction is special and limited.
z. When it appears the f0gitives are held
under the authority OF the Union, 1t is para
mount to that of the State.
3. And so when an individual is held IN
der the authority of state, the Federal Ju-
dietary have no power to release the person
so held.
9. If the return Of the habeas corpus be
denied, the master must prove that his GUS
tody of the slave is legal.
10. If he fail to do this, or make an in
sufficient return, the State Judge may re.
lease the fugitives.
IL. But the master may subsequently ar.
rest them and prove them to be his slaves
IL. The master, though he may arres
without any exhibition of CLAIM, or Judicial
sanction, when required, must show RICH
to the service of the fugitiyes.
CONSCIENCE AND THE LAw.-Judge Nj
Lean, explained the law in reference to the
right ofresistance on the plea Of conscience
as follows:
"No earthly power has right to inter
pose between mans conscience and hi
Maker He has right, an inallenable ant
absolute right, to worship God according Il
1.-The dictates of his own conscience. Fol
this he alone must answer, and he Is entire
lly free from all human restraint to think ant
act for himself.
- But this is not the case when his act
affect the rights of Others. Society has
claim upon all its citizens. General rule
have been adopted in the form of laws, 70
the protection of the rights of persons an'
things. These laws lie at the foundation Q
the social compact, and their observance
essential to the maintenance of civilization
In these matters the law, and not conscl
ence, constitutes the rule Of action. Yo
are sworn to decide this case according u
the law and the testimony; and you be
come unfaithful to the solemn injunction
YOU have taken upon yourselves, when 20
yield to an influence which you call col
science, that places you above the law an
the testimony. ~
"Such rule can apply only to individ
uals'; and when assumed as basis Of actlo
on the rights of others, it is utterly destrut
tive of all law. What may be deemed
conscientious act by one individual, may b
held criminal by another. Ia view Of on
the act is meritorious I; III view ofthe othe
it should be punished as crime and eac
has the same right, acting under the dictate
of his conscience, to carry out his own viev
| This would overturn the basis of Society,"
We must stand by the law. We have swor
to maintain it. 1t is expected that the cit
zens of the free States should be opposed
slavery But with the abstract pr:ncipl
of slavery we have nothing to do. AS aP
, litical question there could be no diferen'
of opinion among US on the subject. b
. our duty is found in the constitution Of d
T Uuion, As construed by the Supreme Cou
The fugitiyes from labor, we are bound
: the highest obligations, to deliver up
: claim Of the master being made; and the
= is no State power which can release I
1 slave from the legal custody Of his maste'
1 In regard to the arrest Of fugitives fro
e labor, the law does not impose active dut
J. upon our citizens generally. They are I
}, prohibited from exercising the ordin,
d lcharities Of life towards the fugitive.
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