Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1851-07-24
III lttbu,lu & State Journal
Thursday. July ~. 1901.
The Habeas Corpus Act.

ne tdDedS SOTpuS ACts
We have been tempted to track Mr. Peck on
this subject and certainly should do it were It
our business to NEEDLE with the family quarrels
Of the enemy. remark or two We Will make.
Mr. Peck treats the Prgg case and late Judicial
opinions upon the Fugitive slave act, as settling
the consttutionality of the fugitive slave act -
Being constitutional, 1t is superior to any act Of
State conf citing with it ergo, the habeas cor
pus act is unconstitutional and null. Such is the
argument Of Mr. Peck. 1t is plousiblo and if
his assertions were correct, it would be complete.
As We rccosct, 1t does not touch a single point
in the case save in two bare assertions, the first
Of whish IS, that there is conflict between the
two acts. We say there is no conflict, and have
endeavorad to demonstrate the point by contrast
IN the provis ons Of both acts. h Constitution
and The act Of Congress simply provide for The
rendition Of MIGHT'VE s'oUes mot Of the inhabit-
ans" Of Nernontl after examination ia a spcclh-
ed form. The act of Vermont provides that s,-
cry inhibltnt" Of the state. arrested as fugi-
tie slave, shall have the privilege Of habeas COR
pus previous to such examination, and does not
exclude such examination, aud rendition upon il.
If the person is a fugitive slave within the mean
ing Of the Constitution and the law of ourress
Now we would be Obliged to Mr. Peck if he
would name any court, federal or state that has
ever decided that the fugitive slave law erciiui,s
hs right 10 The habeas corpus; or that it would be
c,hSt ti'oaGi # It did exclude it. after good
deal Of searching we venture to say that no au
tnority can be found to ,hat point The decis-
ion Of the Sup. curt Of Mass ich usel,s, and the
charge Of Judge Nelson,are the latest authorities
IN point tha FIRST admitted the right OF the state
court to issue the habeas corpus,and to pursue 1t
If circumstances warranted and Judge Nelson
with evidently strong anxiety TO 90 to tae full
length Of his tethef, dared not deny this right
Why? There Is an express limitation upon the
power Of Congress over the habels corpus: and
the very moment it Is decided that the fugitive
slave act inrnges upon that sacred riuht. il i
would be pllpable to every body that tie act it.
self is unconstitutional. We think on,ress has .
no power 10 ieny that privilege to fugitive s
slave; but If 1t h $, most certainly 1t cannot De
ny the night Of sovereign state to nterpose Il
m defence OF the liberty OF It's own inabtlnts.-I
Ih1t IS the great point in the controversy "a
question Of tate rlghts, OF which old fashioned
"democrais" use TO profess to De- very Jealous
and again we say that Mr.. Peek has not touched
II, save by another bare assertion hardly becom-
ING IN d hgh-ninded lawyer. to wit: THAI She pro-
VISIONS of ii,e Vermont sct coucr The c,se of lu-
gitlve slaves. hat act, IN every provision. is
specifically applicable to inhabjiaait Of tha state
only dnd except IN the extraordinary case
where a fugitive has gained residence and Is I
claimed as saye) would apply to nobody but ia
the .jfee u1'ajaants Of the state In every other
case, so fan as the habeas corpus act OF last wear =
IL concerned, our Judges would doubtless exsr
else a sound discretion and connienance no pro
ceedmga intel ded merely 10 hirrtss or delay any q
body N the prosecution of his lawful rilhts II E.
the Judges are compelled to interfere in such y
cases 1t VIII be by sec. Of chap - Of the Re-
vised tatutes, which provides that e,ery Der- 3,
son npris3 nsd sc. or otherwise restrained. d.. In
may prosecute a writ Of habeas corpus" and by ,
other provisions Of that chapter which give the h,
privilege to persons restrained by Jeierai courts n
or officers see sections 4 and III Now the 4,
Hon Lucus B. Peck was one Of the Revisers of
tn Statutes and aided IN that work when the lu- .
g'uve slave law Of 1893 was in force, under
winch the very Prog case arose, that Is now lue- ,
gei into bus etter an authority the other way
1t strikes MS that Mr.. Peck has work on hand. n
n shall ual 'ridke to reconcile the Revised STAT =,
u.es "ith ins fugitive slave law, ana at the same d
time demonstrate that sand law conflicts with the !,
haoeis corpus act " hen he succeeds ia thai, q