The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-12-26
THE LAW OF VERMONT PROVIDING FOR THE
WRIT OF IlBEAS CORPUS.

We published in our last number without COM
ment, law passed by the Legislature OF Yer
mont, at its late session, providing for the more
effectual enjoyment of the writ of habeas corpus.
1t has been stigmatized by our cotcmporaries of
the Press in Washington, as an act Of nullifca-
ton. Southern journals comment upon it indig-
nantly assuming that its design is to violate the
provision Of the Federal Constitution in relation
to fugitives from service or labor and many
Northern Wing and Democratic papers either
denounce it or speak contemptuously of its au
thors
The Pro.Slavery Party is always clamorous
We look in vain to the columns of its presses, OF
speeches of its leaders, for csndor of exposition
exactitude of statement or closeness of argument
1t is easy to brand any action adverse to the pre-
tensi ns of Slavery, as unconstitutional, disor.
ganizing, multiplying No man, however esti.
mable his character or public services il he ven
ture to challenge IFS claims or speak freely of its
evils can expect to escape denunciation. No act
however sound in principle, or peremptorily re.
qured for the preservation of vital interests if il
be unf.vorable to its growth or extension, is suf
fered to pass without an attempt to make it ap.
pear an offence against the Constitution and the
Union, as if Slavery were the model Institution
of the country and all things were to be regarded
as good or evil, just as they favored or dis
couraged its interests.
We have looked at the Vermont act again and
again the terrible clamor got up against it max
ing us fearful lest there might be some nullifca-
ton in it; but we confess our inability to see
much more in it than firm, discreet attempt on
the part of Sovereign State to secure to all it's
inhabitants the benefits of the hdbeas corpus-o
writ which the Federal Constitution declares
shall not be suspended. The language Of the
Constitution is as follows:
"The writ Of hdbeds corpus shall not be sus-
pended, unless when, in case of rebellion or in
vasion, the public safety may require itp
1t is worthy Of remark, that many of the most
important guarantees Of rights contained in the
Constitution were suggested in the Convention o.
1857 by members from the South, who were con
stantly seeking to provide safeguards against thu
abuses of power The provision against the sus
pension of the writ Of habe0S corpus was of South
ern origin August 20, in Convention, Mr., Pinck
ney of South Carolina submitted a series of prop
ositions, which were referred to the Committe,
! of Detail-among them, the following
"The privilege aud beneht OF the writ Of hdbe0
corpns shall be enjoyed in this Government, il
the most expeditions and ample manner, and shall
not be suspended by the Legislature, except upo'
the most urgent and pressing occasions, and TO
a limited time, not exceeding - months"
August 2s;h, the report of the Committee wa
rendered and Mr. Pinckney, urging the propri
ETY. of securing the benefit Of the hdbeas eoypns il
the most ample manner, moved, that it should no
be suspended but on the most urgent occasions
and then only for n limited time not exceeding
| twelve months.
"Mr. Rutledge of South Carolina was for de
clariDg the haJeds corpus iuyiolate. He did no
conceive that suspension could ever be neccs
sary, at the same time through all the States.
"Mr. Gouverneur Morris of Pennsylvania NOV
ed that the privilege of the writ of habsds corp~
shall not be suspended, unless when, in cases o
rebellion or invasion, the public safety may re
quire IT,
"Mr. Wilson Of Pennsylvania doubted wheth
err in any case suspension could be necessary
as the discretion now exists with judges, in mos
important cases, to keep in gsol or admit to bail
"The first part of Mr.. Governor Morris
motion, to the word unless was agreed to "en
Goa. On the remaining part-New Hampshire
Massachusetts,, Connecticut, Pennsylvania Della
ware, Maryland, Virgins, ayes; North Car
olina, South Carolina, Georgia, nays"
The three extreme Southern States 1t will b
observed, opposed any qualification at all, fearful
of intrusting Congress with rover to suspend thu
writ in any contingency.
Would it be believed that the main object o
! the recent law Of Vermont, against which tn