The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-12-25
AsoI,,,on and the writ Of Hass.s oorp.s.


The abolition presses orators lawyers and saints have
all exh aused their ingenuity in vain TO prove that the
late Vermont nuuifuug iaw does not contravene the
constitution and laws of the United States. Among
other wseacres who have tried their hand at the art Of
hubugeing their readers our neighbor, the National
Era, has cut quite conspicuous figure. That paper
gives us the Vermont act with and CLOSES Of
lis own that would have COMPOUNDED at least II they
did mot convince, all the Cokes and Hos and Marshss
that ever graced the bench Of justice tits there proved
a. plainly as that fpo and too make ve that this Ver
mont law is a law to secure the full enjoyment OF the
right TO writ OF habs@ corpus. And what sort OF
writ, and how to be tried. does he make II out to BET
Why, his writ OF habeS corpus is returnabe nomnaiy
before court or Judge, butts. in fact TO be tried oy
jury, and il the fugitive be not satisfied with the
verdict, he may appeal to higher tribunal, ION the
higher lao pncple) and take his chances for slip or
dodge in OF the pie poudrs courts, OF the Asbsa'
corpus loving State OF Vermont Shades OF all the law
yers that have existed since the habeas-eorps law was
passed in England what say you TO hisl Aqsssion 0"
rra of habea corpus be tried before sjary. and an
appeal 10 BE- aovedi II such thing ever was beard OIL
dreamed Of or imagined before, we are greatly mistaken
These 'awyers Of liberty ignorant OF the legal
nature and operation Of wr, Of hsbeas corpus they are
OF the judicial wrts issued by the courts In The moon
We hardly know whether we should smile at their gno'
rance or frown at their impudence We should expect
such gross bunders TO be made BY runaway negroes
like Douglass, or by Cabling vxens like abby Kelly,
but we looked for something better from Nc Nafiona
Era.
We have quoted for the edi6caton OF our readers
portion Of the article OF the National Era The editor cd
tanly dsposes Of some constitutional points that have
long troubled wise heads very coolly and summary
He sees no qualification in the Vermont law, which
gives to a jury OF twelve Green Mountain Solo.
mons the trial OF fact that the act OF Congress
gives exclusively 10 federal judge or comms
soner. This Vermont law. too, is just like ht
websters plan for giving By act Of Congress jury na
to fugitive slaves What wonderful aptitude for do
covering resembancesi Aud he thinks, also, that im
decision Of the Supreme Court in the case OF Pngg Is
the State OF 10 not binding Vermont be-
cause she is sovereign State and as NOT party TO df
suit, That decision may be very good Law for Psnnsy
vsnia but is no law at all for Vermont Does the editor
forget one small facii Vermont passed law in 1913
conforming. in all essential respects. to that famous
decision" Has she discovered some new constitutional
rights since, under the higher iapi The Naiond Erals
wonderful expounder Of the constitution il has indeed.
established nsv ara in constitutional law. which 10
use an illustration OF Byron) will be remembered when
the names Of Marshall and Story are forgottea-ta no
tu then
From tbc National Era
Two questions here arise Has State the right 70 pre-.
scribe the process 70 Determine the mode BY which ns
oS her has. doe. she
this provision by prescribing trial by jury in all cases "
sng under II 7
Let us answer the last question hrst. The sections
quoted do not discharge fugitive slave from service Or
bor but inhabitants OF Vermont claimed a. tuR
question Of fact The claimant declares that the person
arrested held 10 service labor under the h~s
another State from which he escaped into Vermont Inc
arrested denies this and asserts that he never
held service under the laws Of another State or III
was that he escaped from II into Vermont AJuya
twelve men in Vermont who should sAhs oath 70 renae'