Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1851-04-24

lal 10 ule ueClslon OF a CONSTITUTIONAL question so
directly affecting the rights and power of the
State and the Liberty of the people.
1t is objected, however, that the act of Yer
mont is palpably in conflict with the act of Con-
gress-that there is really no question to be de-
cided at all-and no plausible ground even for
discussion. Congress, these obiectorsstell us,
has provided for the surrender of fugitive saves,
on a summary hearing by Commissioner, or
federal Judge, without trial by jury, and unimpe-
ded by any State interference or process what
ever; while Vermont has declared that fugitive
slaves shall not be surrendered, without examina-
ton by the State courts, on writ of habeas cor.
pus, trial by jury, and even an appeal in certain
cases. Is not this palpabe; We answer, it
would be-J true. The fact is, however that
these gentlemen beg the whole question; or,
what Is equivalent to it, decide the whole ques-
ton by assuming false premises a predcament
in which we are surprIzed 10 find grave senators
and asiute lawyers, and especially those whose
particular 9uty ID to defend the rights and hon
or Of the sss7a
II is no, 20 be denied that from the moment a
person proved 20 be fugitive Stare, the state
must yield all jurisdiction or control over him in
that cbUdcter and from that moment refuse to inter-
ferc as betw cen the slave & his master or attorney
From that moment federal authority is exclusive;
or, if you please, always, the federal government
and federal courts have exclusive jurisdiction
over fugitive slares. Such was the decision of
the I. Supreme Court, in the case of Prog
vs.. Pennsylvania Il6 Peters Reports y and it is
not merely to be presumed that the last I.egisa-
ture Of Vermont was aware of that fact but it is
very evident that their act was framed with es-
pecial reference to, and we say and shall attempt
to show, in perfect consistency with it. In the
title we read that the act is one "reatng. &c. to
persons claimed "a fugitive slaves" Claimed
not fugitue slaues persons claimed as fugitive
slaves, not prored to De such persons who may
or may not prove to be slaves persons over
whom federal authority is exclusive, ioken proved
to be slaves, ana not til then Nor is the act it.
self less specific aad guarded than the title. 1t
provides that whenever any inhabitqm Of his
STATE is arrested or claimed as fugitive slave"
IT shall be the duty of the States attorney "to
use all lawful means to protect, defend and pro-
cure to be discharged, eee'y such person ares
ted or claimed as a fugitive s. vc.n-( Sec. D 1t
also makes it the duty Of all Judicial and execu-
tive officers, who slrdl know, or have good reas-
on to believe that any j,lhqbiiani Of This State
is about to BE- arrested or claimed as fugitive
slaves to give notice to the States attorney
Nc.-1Se a. Thus, by the terms of the act
Vermont claims jurisdiction over her own iuhab-
itants only and over these only so long as they
are merely claimed" Chat is to say, not prorsd
to be fugitive slaves The presumption in ey-
cry free State is, ,said Judge Mclean in the
Prgg case,) that every man is free; and this
presumption must stand until the person is proved
TO be a slave. This is especially true of Yer
mont Not only are her inhabitants presumed
to be free, but her Constitution declares them to
be free, and also entitled 10 trial by jury OF
tins fact the Union had fair notice when Yer
mont was admitted and upon this declaration
Congress chose to admit her We quote from
the first part Of the Constitution, as it God when
Vermont was admitted, and as 1t now stands
A Declaration Of the Rights of the INHABr-
rANrs of the State of Vermont.
art. |. That all men are born equally free
and independent, and have certain natural inher-
ent, and lunhenahle rights among which are the
enjoying and deiendtng life and LIBERTY"
ART. - hat when any issue in fact prop
err for the cognzance of jury, is joined IN a
court of law, the parties have right to trial By
jury which ought to be held sacred.n
The exact position of Vermont then is this
She claims the right to protect the personal lib
erty of each one of her inhabitants, by habeas
corpus and trial by jury in her own courts until
proved to be a fugitive slave. She Of course
claims that the exclusive jurisdiction of federal
authority is limited to igtire siares, solely that
until proved to be such. the person claimed is not
beyond the protection of the State; and that the
arrest o., person, who is not fugitive slave,
would be an arrest DIS much without authority of
law, ard as proper a subject for the remedy by
habeas corpus by State courts, as would be the
arrest of person for crime without good cause.
There is this difference, however: in the case Of
a pers n claimed a fugitive slave, the decision
Of the State court would be subject to revision
by the established arbiter between the federal
bo'c'hhl'ih anu bhV ''dics just as IL was, IN
deed in the case Of Holmes Is there any fair
ground upon which TO maintain this positon?-
That is the matter for future discussion. The
task we originally assumed was an article this
has grown upon our hands into a series. We
hope our readers will have interest enough in the
question TO accord US their patience in the dis
cussion of it.
Boston IN a neio Fcrnent Boston is Just now
excited by new dramatic accident Sundry