The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-12-26

and so far as the law embraces this object, ii
not be unconstitutional If it be repugnant in
this respect to the Fugitive act Of the last ses-
sion of Congress, the inference is, not that the
Legislature of Vermont is guilty of notification,
but that Congress is the nuli6er. lfthat act vio-
late the privilege of the writ of h05edS corpus,
il is 80 far, null and void, and the Vermont law,
which provides for the effectual execution of the
writ. is valid, because constitutional If the act
| do not violate the hGJeaS corpus, then the Yer
mont law, so far as it secures the privilege, is
not repugnant thereto. In the former case, the
outcry should be directed against the act of Con-
gress in the latter, there is no ground for any
clamor at ALL
! That our readers may fully understand the
law Of Vermont, we shall again publish it, inter-
posing such comments as may seem necessary:
an heyeJy enacted Bg The General assembly of tie
| State of Vermont, as tolioWS:
"Sec. /. The same power is hereby given to, and
the same duties imposed upon, the circuit judges
of The several judicial circuits of this State which
are given to, and imposed upon, the judges of the
Supreme Court, by the provisions Of chapter
thirty-eight Of the Revised Statutes, entitled Of
Habeas Corpus
"Sec 2 1t shall be the duty of States attorneys,
within their respective counties whenever any
inhabitant of this State is arrested claimed as
a fugitive slave, on being informed thereof, dill.
gently and faithfully to use all lawful means to
protect, defend, and procure to be discharged,
every such person so arrested claimed as fu-
gitive slave"
The second section presumes that every inhab-
liant of Vermont is free person This is the
presumption of law in relation to every inhabit-
ant of free State-inasmuch as its Fundamental
Law prohibits slavery. Now, the first duty of
State is to protect its inhabitants If a person in
Vermont be arrested as a slave, the presumption
is against his claimant, and him rests the
of proving the person seized to be slave. If ever
a case demanded the " most expeditions and am
pleD enjoyment of the privilege Of the haJeaS cor
,us, it is such case-and Vermont, in making it
the duty of her States attorneys to interpose in
behalf of the person arrested manifests proper
regard for the liberties of her citizens and no dis
regard of the constitutional rights of her sister
States.
"Sec g. The application of any States attorney
| in writing to any one or the Judges OF the Su-
preme Court, or to any circuit Judge, signed by
said States attorney in his official capacity, stating
| in substance the name of the prisoner and the
persons OBTAINING him. if known, and that the
person arrested claimed, or imprisoned, is arrest
ed, claimed, or imprisoned as fugitive slave,
shall be sufficient authority to authorize the issu
ing of the writ Of habeaS corpus as provided in
said chapter thirty eight of the Revised Statutes
and said writ may be signed by any one Of said
| Judges or the clerk Of the supreme or county
! court and said writ shall be made returnable
! to the supreme county court, when IN session,
in the county where such application is made
and in vacation said writ may be made returnable
forthwith, before either Of the judges aforesaid.
"Sec 4 It shall be the duty Of all judicial and
executive officers in this State in their respective
counties, who shall know or have good reason to
believe that any inhabitant of this State is about
to be arrested or claimed as fugitive slave, forth
with to give notice thereof to the States attorney
of the county in which such person resides"
GThe 81 section defines the ground on which the
writ shall be issued, the tribunals that shall issue
it, and the tribunals before which it shall be re-
turnabe; and the 18th section manfests the same
regard for the liberties of the People as the
second The following sections provide for the
right Of appeal and of trial by jury:
"Sec 5. Whenever the writ of habeas corpus is
granted in vacation, as provided in this act or as
provided by existing laws, if upon the hearing of
the same before any one of the judges aforesaid,
the person imprisoned, arrested, or claimed as
fugitive slave shall not be discharged, such per-
son shall be entitled TO an appeal 10 the next
stated term of the county court in the county
where such bearing was had on furnishing such
! bail and within such time, as the Judge granting
the writ on hearing the case, shall adjudge to be
reasonable and proper.
"Sec 6. The court to which such appeal is taken,
and any other court 70 which writ OF h0bs"s
corpus in b half of any such person claimed or
arrested as fugitive slave, is made returnable,
may and shall, on application of either party to
such proceeding allow and direct trial by jury,
on all questions Of fact in issue between the
parties in the matter aforesaid, and the taxable
costs of such trial shall be chargeable to the State
whenever the same would be otherwise chargeable
to the person arrested or claimed as fugitive
slave.
"Sec 7. The several circuit judges shall have
the same power now invested in the judges of the
Supreme Court, by virtue Of an act in amendment
Ct chapter one hundred and three Of the Revised
Statutes relating to persons confined in close jail,
on executions of tort, approved November -,
A. u 1913.
"Scc. 8. This act shall take effect from its pas
sage.
"Approved November 49, 1850"
No attempt is here made to nullify the clause
of the Constitution in relation to fugtives from
service or labor; the obligation imposed by it is
not denied, but implicitly affirmed, inasmuch as
the law provides for fulfilling it.
Two questions here arise: Has a State the
right to prescribe the process to determine the
mode, by which the constitutional provision re-
specting fugitives shall be carried out within her
boundaries and if she has, does she violate this
provision by prescribing trial by jury in all
cases arising under it
Let us answer the last question first. The Sec
tions quoted do not discharge fugitive slave from
service or labor but secure to inhabitants of Yer
mont, claimed ms fugitives, the right Of trial by
jury The question to be tried is question Of
fact The claimant declares that the person ar
rested was held to service or labor, under the laws
of another State, from which he escaped into Yer
mont. The person arrested denies this and as
serts that he never was held to service under the
laws of another State; or, if he was that he never
escaped from it into Vermont A jury Of twelve
men in Vermont who should take oath to render
a verdict in accordance with the facts, il is not to
be supposed, would perjure itself A State mus,
judge for itself what process is best adapted to such
cases, most in harmony with its own institutions;
and there is nothingin the language Of the consti.
tuticnal provision relating to fugityes, from which
it can be inferred that claims arising under it
may not properly be tried by jury. IL this mode
Of trial in such cases be unconstitutional, or a
violation of the rights Of slave-owners, then Mr..
Webster, now enjoying so much of their conf
dence, was guilty, few months since, when he
introduced his bill providing that claims for
fugitives should be tried by jury, Of pro-