Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1850-04-11
The Fugitive Slave Question.

an article upon the extraoition OF sia'eo' "olii
The pen of Judge Hutchinson; and we are glad
10 see that it is marked by more candor than IL
has been usual of late 10 find in the discussion
of such topics We propose not to comment
upon that article, but so far to initiate Its TEN
per as to suggest few dispsssionate thoughts
upon the position of Mr.. Webs'er's late speech
-fhof The Constitution addresses itself directly TO
THE STATES on this aatier-that the Stdfes are
bound by the Constitution to deliver up slaves
coming within their jurisdiction That we un-
derstand to be the true Interpretation OF the con
sti,u,:on according TO Mr. Webslers opinion
On the other hand the Supreme Court Of the
United States has decided that it 10 for The jed
ernI government to execute the constitutional
provision, by such rules and regulations as Con-
gross msy prescribe: 10 which Mr. Webster as
sents. not because he believes ii right, but be-
cause it is his duty 10 yield 10 the highest jadi'
cial authority. Thia part Of Mr. Websters
speech is perhaps qie as unpalatahle to The
North as any part Of it; yet, when fully under
stood, we suggest the probability that Mr. Web
!
corrrl riew, but the one most (arora5le to free
dom.
As to its correctness. The words of the Con-
stiiuion are these:
"No person held 10 service or labor in one
stale, under The laws thereof, escaping into au-
other, shall, III consequence of any law OF regu-
ation therein be DISCHARGED from such service
or labor, but shall be delivered up, on claim TO
the party to whom such service or labor may he
due"
We think i, incontrovertible that the State TO
which the slave fecs) is prohibited from dis
charging him; if that is clear, it follows that
The state must deliver him up The plain con
siruction OF the article seems to be this: The
slave shall not be discharged BY such stale,
I" but shall be delivered up" by it. This is Mr.
Websters opinion. What follows?
If the stale of Vermont is to deliver up fug-
tive slaves, she may do these things:
Fret. Protect FREQ men who NAV be falsely
claimed as slaves by requiring clear proof hit
toe service or labor Of any person claimed Is
due 10 the claimant.
Second. Do any thing necessary and proper
to secure fair trial of every case, such as by
providing competent court and requiring atrial
by jury.
I All this follows necessarily, if the Ccnstitu-
ton addresses itself directly TO the stdies II
they have the duty to perform, they must do it
by their agents, and 50 Lave the power to IN
strnct them hor to do it.
4h;, nth tba onn,Sifo view Con.
gress must provide for the delivery Of fugitive
slaves: it may provide all the safeguards which
Vermont or any other state would do: but what
if it does nots There is no legal remedy for a.
ny wrong done in such case-no way for the
state, or the people of tho state. legally to in
terfere. This is the present state Of things :
Our statute prohibits any officer of this state
fiom having any thing 10 DO with slave-catch-
ing: it does all that can be done to relieve The
state from any participation in this businest ;
but afer ALL our statute has to sreept all pcr.oss
aching uader the authority II the federal govern
ment-indecd to except every citizen. for every
msn Is liable to Sc called mo service BY the fed
eral Courts. BY the statute. Vermont dues not
permit any body to catch slaves under her on-
theriy az q siate but the statute does not and
. canno, prevent either the ofices Of the federal
government, or any c4issn, from acting under
The authority Of Congress.
Under the Constitution, % construed BY ths
highest Court. Congress must act No body
can possibly doubt III I duty d imposed By
, the Constitution. It upon Cosgrsss. then Con-
gress should honestly perform lie duty if upon
Ae Sates, then the Ssates should q honestly per-
} form ,hsin. We are not of the opinion that
! Ceaersss Of the States can take Nj. Stewards
position, and override the Constitution On psral
. Rreunda Conscience controls ma The Csssti-
: ssiion controls Congress and The Ssatea lfany
man cannot with good conscience act in this
matter q an officer Of the government, his du'y
i to resign. II he cannon do il ~ citizen, his
duty i to refuse. and TO bear the penalty Of the
law Sor his refusal Beyond this be has but one
l right - eitisen: he may strive 70 correct the
lhwa fire. be can. Asy other doctrine woeld
coon put a end 70 the Cs.ssia.sisa, and to ~
; tssthosisy. les
These Suggestions no made with no view 10
siIscs the sentiments Of our readers towards Mr..
Webster. He i able to tsks care Of himself;
J and y our readers already undemand, We ere
di.psssd 70 let him d Il il his own way and ia
! hs own Tina The topic b - sagrsseed y,
however, very intsees,ing and important one,
. -Congvess il called 10 aet upon it-snd It /
eel Sar The people to thiak The matter over for
lsh,cn.slvea helirn tl,av snnlaud or eun3emn -