The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-12-25
10 IN. ES,s.r.


SIN have the honor OF calling your special attention
the enclosed article which appeared in the columns Of
the National Intsigeesr of yesterday, and TO request
lis insertion in the linton II 10, in my Judgment par
ticularly worthy OF republication at this moment, and
will, ! am confident, have a decidedly good effect
throughout the southern States. You will not be sur
pised when inform you that have good reason for be-
eving that II is the production OF OF the first minds
in the nation, and that were TO give you the name oil
the author, you would at recognise him as per-
sonage for many years past prominently connected win
the public affairs OF the country and particularly dstn
gushed as discreet efficient and useful member oil the
national Legislature Vsrb~m sspisniie suttea
Yours, truly, IL. ,. FooIE'
DECEMBER 80.
I'VE think we can hardly mistake the author OF the
following communication. referred to BY General Foote
lis clear sound, and lawyerke tone OF thought and
reasoning points at once Judge Phelps, the Senate
The author We cannot hesitate to express our belief
that this able article emanaes from his logical mind and
mastery pen.- USIoN.]
THE VERMONT MULTIPLYING Law
Messrs GALES g. SEAToN: send you the first notice
by way OF comment which, so lar as my knowledge ex
tends has been taken BY the press o. Vermont OF the re-
cent law OF that State in relation to fugitive slaves Hih
erto that press has maintained most guarded silence on
the subjects which is the more remarkable when con-
slider the comments which have been so freely bestowed
on that law elsewhere.
AS Vermonter, have awaited with no little solicit
tude Tor expression oil opinion from that quarter,
with the view OF learning who If anybody there, would
attempt the vindcation OF which has met with
such decided eprobaton from all quarters, and which
am compelled to say has implicated so deeply the charac
ter OF the people OF that State for patriotism and nte
sencs-for attachment 10 the constitution and knowledge
of its requirements.
The suggestions in the accompanying article may per-
haps the legislature from the charge OF de-
irbsrats attempt at notification To those who &C,
quainted with tho hasiy in which bills passed
even through Congress near the close OF the session. il
will not appear surprising that such act should in like
manner find its way through State legislature, whose
sessions limited TO few days, and whose members
generally inexperienced in legislative proceedings
But has not the governor OF that State in approving
the law assumed responsibility which he will find
hereafter 10 rest somewhat heavily upon his shoulders
Having been for more than twenty years Judge OF the
supreme Of his State and for hall that lime its chief
justice, he would hardly acquesce in apology for
act productive Of such universal surprise and regret
which would attribute his approval OF that law to gno
constitutional law of his country. II the plea OF gno
rance cannot be nteposed, he will be driven either 10
the difficult task OF reconcing the law OF Vermont with
the provisions OF the constitution and the decisions Of
the supreme judicial tribunal created by it, or TO the still
difficult task of establishing that supposed "hgher
law" which requires OF him. after having taken the
oath 10 support the constitution OF the United States, TO
violate both that constitution and that OATH
But my object in calling attention to the article in the
Eagle to redeem the people OF that State from the odium
of this inadicious, imed, and unconstitutional act OF
their legislature by exhibiting to the country the EVIL
dence there afforded that the merits OF that measure
Justly appreciated at home. Although this is the first
expression of opinion which has, to my knowledge been
ELECTED from the Vermont press yet hesitate not to say
that it is true indication OF the tone which not only the
press, but the popular sentiment OF the people OF that
State, will ultimately and upon reflection assume.
The people OF Vermont in fact, as they have al
ways been represented to be- attached to the constitution
ns aSn sfp people TSsy
moi fail see. and 10 feel, that the law Of their State
comes in direct confic with the act Of Congress OF the
las, session Ii is constitutional the other cannot
be. II the act of Congress be unconstitutional in their
judgment. it does not justify notification by State legs
aton That s not the proper mode to test the question
Of eonsl,ialonay There Is remedy PROVIDED sy inc
preme judicial power, is one which they fully under
stand and appreciate, and to which they are accus-
toned to submit.
The people OF that State have surely not forgotten the
position taken by their representatives in Congress when
notification was threatened from another quarter The
LANGUAGE OF of her senator's the floor Of the Sem
ate during the last session still record. Vermont
had urged upon Congress in certain resolutions OF her
Legislature the adoption OF what is commonly called the
Wilmot Proviso The South, or large portion oil the
South, regarded such restriction unconstitutional,
a distinguished senator expressed it, as "usuTpation
And limitations by no means equivoca were given OF
resistance under the sanction OF State authority On that
occasion The senator from Vermont. after showing that
the question the power OF Congress TO limit slavery
in the Territories mere constitutional and Judicial
question, goes.on TO say:
"Such being the character OF the issue between us,
whatever deteim may here elsewhere, and
however firmly and earnestly the issue may be maintained
by the respective anes 10 H. yet gentlemen viii permit
agion. oisparats STATE action tauihcaon) and any and
all Justified called for 10y the consttu ton,
are, in my judgment, altogether premature"
And again;
Suppose the Winot Proyss should be enacted hss
the time arrived for independent State seton, by way Of
resistance the acuon OF Congress, call usurpation or
what you please No, srj not yet The constitution has
provided m remedy The trainers Of that instrument fore
seeing that might be difference of opinion In de-
filming precisely the powers colierred by H. have provided
peaceful tribunal for the adjustment of such coniro
vesies."
Such was the language held by Vermont to the South
She with great propreiy take The sdvice 10 her.
self. II the law is, in her judgment nexpedient, I'M
wise, pernicious let her appeal to legislative discretion
for It's repeal In the constitutional organ where that
discretion rests she has her constitutional right and she
and her sister free States have pfeponderang influence
II il be unconstitutional let her 20 TO the Judicial trbu
nal established by the constitution for its judgment in the
matter In Short let the constitutional remedies be first
exhausted before resotDg TO those OF resist
ance, Reorganization, and revolution, which. when
threatened elsewhere. have met with the universal and
unmigated reprobaton OF her people. AT least let her
make herself ridiculous by measures mpotent
they are indefensble. The fugitive slave law OF last
session is al most but bTutun fulmsn in Vermont Prob
ably not would arise under il in that State for
twenty years This law OF the State, therefore, which
Processes TO override and supersede the act OF Congress-
and TO take IFS execution out OF the hands where not only
singular demert that it exhibits purpose Of resistance
under circumstances where that resistance is not likely to
be called for and WHERE OF course the courage 10 carry
that purpose out Is not likely TO be tested
II is remarkable fact that law was formerly enacted
in Vermont giving the right OF trial by jury 10 fugitive
slaves which law was repealed in conformity with the
decision OF the Supreme Court in the OF Prgg
xylyan In hat fase