Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1851-04-24
CAN STATE PROTECT THE LIB
ERTT OF IT'S INHABITANTS!

ERTT OF IT'S INHABITANTS!
This is the real question involved in the SO
called Habeas Corpus act of Vermont, approved
Nov. n, 1850, by Gov Williams, late and long
Chief Justice of the highest Court of the state
The press has denounced the law; statesman
and lawyers, ranking among the greatest Of the
land, have uisinterpretod or misrepresented it
and one public press has been prescribed for dar-
ing to vindicate the motives of the Legislators
who enacted it; but denuncaton, misreprescn.
tatiou, and prescription will secure greater pub
liciy and severer scrutiny, and perhaps raise
elsewhere the real question involved II is. we
think too important question to be bnked
too important to be suffered to pass without thor
ourh examination. If Vermont cannot protect
the personal liberty of her inhabitants against
an abusive use Of the Fugitive Slave law Meth
or can she against any other abuse Of Federal
authority. If Vermont cannot protect her inhab-
ltants against oil unlawful authority, neither can
any other State. Il is then question Of the
highest import to every citizen and every State
"a question involving the Liberty of every cit-
zen, and the rights and power Of every State
And the time 10 examine and discuss this ques-
ton is noie, when the public mind is most liable
TO be msled ;--Hor, when, on both sides. the
champions Of the higher law" and the cham
pions Of the lower law" illuminate extreme and
dangerous opinions from the pulpit and the press.
On the one hand, the Fugitive Slave law is de-
nounced as unconstitutional and wiclod--as a VI
citation alike Of the Constitution of the nation
and the law of God-and Resistance, even 10
the death, is preached as the highest duty of the
Patriot and the Christian. On the other hand
and concurrent with these fanatcal and treason
able teachings, we have had constructions of the
habcos corpus which well nigh make it inopera-
tive IN any emerceucy--make it any thing. rath-
or than the boosted "second marna cherta of
England" and "the great prerogatve right" of
ireemen every wherc. We have had political
ethics too from the rostrnm and the pulpit. never
orthodox to Protestant ears, save of British To
RES IN the days Of James the ID, aud their line
oil descendants, the American Tories Of I776.-
Daniel Deioe the chiefof WING pamphlcteers in
the reign of James the second, Though better
known to yankee hoys as the author of " Robin
son Crusce,') thus spoke Of the pulpit of that
day
" II WIS for many years, and am witness IN
It, that the pulpit sounded nothing but absolute
Submission obedience without reserve. subiec-
tlon TO princes us Gods vcegorents accountable
to none, 10 be withstood IN nothing. and by no
person. ! nave heard it publicly preached. tbat
1t the king commanded my head, and sent his
messengers 10 fetch it | was bound to submit.
and stand still while 1t was cut off"
Adapt this to our peculiar form of government
and the description will admirably fit those mod
ern American teachers, in the pulpit and out oft
who deny The rights Of conscience and private
judgment; claim the fugitive slave law to be ir
repealabf, above amendment, and altogether too
sacred for discussions donounce, as Modification.
the law Of sovereign state, designed TO protect
the Liberty Of It's inhabitants by the great com
mon law and constitutional rights of the hobeas
corpus and trial by jury and authoriiativeiy an
nounce that he " who doubts is damnedp-a trai-
tor to the Constitution and the Union, TO be kick
ed summarily out Of all public service. and de-
serving of the confidence, respect and patronage
of nobody. We'll we say-yerv we'll feucb
teachings, hitherto strange to the ears of Amer
lean people, shall rouse them to MAKE an earnest
inquiry into the extent Of their obligations. du-
ties, and rights. That the public mind is reused.
excited, disturbed by these high matters is evil
dent enough--and That fact marks the present
moment as the right one to direct attention to the
true middle ground between unlawful resistance
and passive obedience-ihe rem ground occupied
by permoni, and for which she deserves resneet
and honor, rather than the unmeasured and in.
Disseminate abuse which has been henped upon
her.
me Ha0eas Corpus a remedy both for abuses Of
NE fHgif're Siare lar, and for ".lgitationn
Under the fugitive slave laws of Congress of 'e3
and 1880 which by the highest court are held to
be substantially constitutional the free colored
inheoiants Of Vermont are liable TO be arrested
by any body who claims them as fugitive slaves
summary examined by the district iud,e or
commissioner, and, without trial by iury. deliver
ed over TO the claimants, TO be by them transpor.
ted out Of the state. That free persons nav be
claimed IN Vermont as slaves, is demonstrated
by the fact that such persons have been claimed
IN other states. That freeman may be deliver
ed up by commissioner on false testimony. and
wrongtuily sent into slave state, has been DEM
onstrated by precisely such case in PHILADELPHIA
The laws Of Congress provide no remedy in such
cases-no trial in Federal Courts no trial bv in
ny in the courts Of the state 10 which the person
may be sent and no mode Of securing testino-
ny TO be used in any trial there. In most of tho
slave states however, man claiming his free.
dom would probably be entitled TO trial bv nry
upon evidence IN the usual form; perhaps in all
tlough The constitutions Of some Of the states do
not guaranty that right to slaves. Bur granting
as fair a trial as the circumstances will admit
tins Is unavoidable free man may be removed
from Vermont to Texas, and there. thousand
miles from home, and neighbors, and friends. and
from the very Witnesses by whom his freedom is
TO be proved in strange court, and among "A
strange people, not much accustomed to sympa-
ihze with slaves suspected Of being guilty Of
running away from bondage,-there, and there
only, this free citizen Of Vermont must prove his
freedom, or be made slave. We say must
"proye his freedom" since the same sort of tcs
tlnOny, which induced a COMMISSIONS 10 ;.s,,. .