Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1850-12-19
"ver,nont Modification"


I've have been surprIzel TO see vast qusnti-
" Of indignation absotrsesy wasted upon an act
Of the late legisiatere Of this State, entitled
!" An act relating 10 the writ of habeas corpus to
persons claimed - fugitive slsscs and the right
of trial BY jury" That the editors Of such
newspapers Us the .Nsw Ysrt Herald IF even
one other editor can be found equally meada-
cioss should violently abuse any state for any
act, however good il may be, is not surprising.
That the .atany Argus, and other journals Of the
loeefoco stripe, should make this acta text for
abusing Vermont whiggery, is NOT surpriziug
locofoco editors are so but exercising their vo-
the occasion 10 let of sttae gas, is not surpriz.
Ing, for the Atlas had gently child the complaint
against vcrm ,nt-and we very we'll UNI. ers,and
that il does MT suit the present ur,oses of the
Courier to agree with the Alas. That the
Washisgtos Republic should attempt to be quite
severe upon Gov. Williams, and even that 60 dig
niael and usually so discreet paper as the Ma
tiono fnleiligemcer should express sstonlshment
that Vermont is in collision with the General
Government is not surprising: but it Is certain
ly a matter Of great surprze to us that intelli-
gent and respectable men, such as the conduc-
tors Of the above named newspapers, 1.-THE Herald
alone sxcluded,) should undertake TO charge
Veimont with reasonable or rebellious Purposes,
upon the act in question. These edi,ots have en-
tirey overlooked the fact that tns is but a part
of the law of Vermont upon the subject; they
have entirely overlooked the fact that this law
of Vermont has precedents in the laws even Of
slave states, and in the decisions of eminent
Judges of stale and U. s. courts; and the fact
also that this law, SO far as it defines the powers
of the judges O. the circuit court upon the writ
Of habeas corpus, was especially called. for at
this lime by the new judciary system, adop-
ted in le49, before the fugitive slave law was
passed,) which went into effect on the 10Th of
Oct last by the 18th article Of amendments to
the constitution Of Vermont we think il was alb
soluely required. If this act had not been pas
sed, the number Of judges empowered to issue
the writ Of habeas corpus in vacation would
have been reduced from i've 10 three: by this
act the number is inc eased one, that is, TO seven
or as near as itcould be to the old law without
an invidious distinction as to the Judges. This
change in the judiciary system called properly
for change IN the law of habeas corpus; and
the defec,s in the act of Congress, relative to
fugitive slaves. obviously suggested the other
provisions which were incorporated in the act.
Now it is assumed of course without any ex-
animation al all-that Vermont is in collision
with the General Government; that her state
government is attempting to nudity the fugitive
slave act, and deserves to rank in the same cat
egory with The dlsunionists of South Carolina.
Ii is even announced that Mr. Webster has writ
ten. is to write, adinonitory letter TO the
ruy boys of s nth Carolina aud Vermont, and
warn them to behave, or expect a sound thresh-
ing from Uncle Sam and that also, we have
no doubt, is a piece of bald assumption, and
nothing else.
We beg leave to call the attention of the pub
lie press, and especially Of the Washington pres
ses, to the first section of the act passed by the
last legislature, and approved by Gov. Williams
on the 18th of Nov las:
SEC. !. The same power is hereby given to-
and The same duties imposed upon, the circuit
Judges Of the several judicial circuits of this
Stale, 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 iIabeas Corpus"
Now we turn to chap. 30 Ct the Revised Sta
tu,es:
SEC, !. Every person, imprisoned in any com
non Jail or the liberties thereof, otherwise re-
strained of his liberty by any officer or other per
son. may prosecute a writ of habeas corpus, &c.
cordIng to The provisions of this chapter, TO in
quye into the cause of such Imprisonment or re.
straint, and obtain relief theretrom, II II shall
prorc 10 be unlawful.
After providing for issue Of the writ and the
manner of proceeding in the hearing thereon
(summarily,) there is this provision
. SEC. l9. n no legal cause 6e shocn, for the
imprisonment or restraint the court or judge
shall discharge the party therefrom
And again:
SEC. 81. II the party is LAWFULLY imprisone,
or restrained, or is not entitled to be discharges
on giving ball. he shall be remanded to the per
son from whose custody he was taken, or to euc
other person officer, as by law is authorizes
to detain him.
This is the law of Vermont Our Judges ar
to grant relief TO any man whose Imprisonment
"shall prove to be MnlaiCfui;" they are 10 Civ
no relief if the party is larfuAy imprisoned.
What is implied 10 the term ''unlawfur' or "law
fuy?" The Constituuon Of the United State
is lao in Vermont Every act Of Congress, con
sistent with that constitution, is law in Vernon
The fugitive slave law, If Law any where, is la
in Vermont. Our legislature has not attempte
10 nullify it; Vermont has NOT threatened ,
secede from the Union if that act of Congress
shall prove to be laU, and be enforced. In O
sort OF manner-in spirit or act-does Vernon
sympathise with the dlsorganzers of the Sout
We protest, then, Against the gross abuse whic
has been poured upon the Governor of yermo
personally by the Warrington Republic, and o.
on the Stately other newspapers Of respectabi
iiy. l: is uncalled for, unjust, and especial
unwise, if it be true, las we believe all the p
pers that condemn Vermont assert to be tru'
Il hoh