Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1850-12-19
VERMONT wATcHMAN { STATE JOURNAL,

Constitution Of the Uniied States does not pro-
hibit it. No Law Of Congress prohibits the al
Iowance of it, On y hearing upon the writ Of
haGeas corpus.
The Constitution Of The State Of Vermont
provides that whe1any issue Of fact proper for
the cognizance Of ajury 10 joined in a court Of
law, the parties hayl right 10 trial BY jury,
which ought 10 be leld sacred"
1t may be said that no issue Of fact can arise
on the habeds corps, proper for trial by jury
But apprehend tina the the most important ques-
tons arising and pc in issue, where the party
is claimed as fugitive slave will be questions
Of fact. The ideslty Of the person 10 one; the
owing Of service oslsbof 10 another; 10 whom
he owes it is 81, and 4th did the person claim.
ed flee or escape frsm State in which he owed
service or labor un.ssr the laws thereof! These
are oil proper questbus Of tact for the cons'dera.
ton Of u jury. TIe people Of Vermont feel
quite competent 10 Try the rights Of their own
cirizens 10 their penonal liberty; and until the
courts and Jurors ofVemont prove recreant 10
the laws and Constitution of the land, no man
has right to say tat the rights of the people OF
our sister States VII no. be as safe in the hands
Of Vermont Jury, IS With jury in any other
State. Where thee 10 q love of liberty, there
is love OF juslics-not that justice which u
dispensed in some IF our sister States, under the
administration OF Judge Lynch-but justice, ac-
cording to law. While Vermont means to Oh
serve and keep the hws Of the United S'ates,she
means also TO uro,ec and defend her own people
in the enjoyment of heir legal rights. The peo-
Die of Vermont are llaw-loving and law-abiding
people. They belong to the Union, and by 1t
thew ever will stanl When the validity OF her
laws is auestioned.ahe will submit them to the
judicial tribunals Of the State and Nation. 1t
The act conflicts with the laws of the United
States, it does rot follow that the law Of the
State is unconstitutional. In the event Of a col
lislon between the Legislation Of Congress and
tb.t of tho Safes, the law of the State must
weld to that of the United States, SO far as It
does conflict with it'll Peters y. S. Rep. lO2.
But the act of Congress does not conflict with
|the act of the Vermont Legislature, because it
does not, and Congress could not, suspend the
habeas corpus. Such being the case, adjud,ca-
tions made before the passage of.h's Law OF
Congress, furnisha guide as To what the Courts
and Judges may inquire and Try on the writ Of
hobeas corpus.
The return on the writ is not conclusive Of the
facts stated in it; but the Court Is to proceed
and INQUIRE Into all of the alledged causes of
Pickerimg's Reports, 2O6. Reu.
Stat. of ". chap IS. 3 .ueicaJ's k,p. ~. Nor
ris D. .Nr,cton and ofhers,-Indiana case.
The writ Of habeas corpus may be considered
in the nature of petition 10 be restored TO the
freedom lost by tie arrest or detention. Trials
ought always Ia be by jury on questions Of fact,
involving a PERSONS right 10 liberty.
In the State Of Virginia, in the case Of De
Lacey .. .4ntsire the party was claimed, arrest
ed and detained as a slave, and was allowed
writ of habeas corpus. iu that case the Court
say, that 1t there appear TO be real ground for
litigation between line applicant and claimants,
the Judge will not decide the question on the
hnbeas corpus, but ,ciu atiow The person claimed
10 file his petition for freedom, as the statute PIE
scrbes, and aliop q trial by jury thereon. But II
there seems to be no real litigation as 10 the
right of freedom, the Court vii, discharge the
prisoner without trial BY jury-Oe Lacey ..
.4atoine, z Leigh Rep. 43S.
1.-the digest gives correct idea OF the above
case from Vugiui1, 1t would seem that the act Ut
the Vermont Legislature allows no more to her
own people, who may be claimed as slaves, than
Is allowed on habsas corpus by the laws and
Courts OF the slave state oil Virginia
10 conclusion, | wish to say 10 The editor OF
the Washington Rsputiic, :hat among the WI iss
of the ,ree States, his paper, as It has been con-
Quoted for the past SIX months, Is considered
highly Injurious to the Wing party, aud calcula-
ted to render the present administration unPo2-
.ar with he people.
ANXIOUS POPULI.
Montpelier. Dec. l6, 1850.