The miners' express. (Dubuque, Iowa) 1849-1854, 1851-10-01
From the Boston Courier.
The Ccmnronise Measure.


From the Boston Courier.
The Compromise Measure.
Hon. S. Phelps, late Senator from Vel
} mont, has written a letter to Lucius b. Peck
who declined to be .hc anulgamation cand
d,te for Governor of t'Iat State, or account q
the abolition character of the resolves of thos
who nominated HMM answer to one from tn
latter, giving his views of the consttuliouali,,
of the Fugitive Slave Law, and other matter
connected with it. We heed not say that Judr
Phelps defends TIE consttutionality of the act
Tor his opinions upon it are well known, but b.
does so IN a most thorough and convincing
] manner. On the "higher law" doctrine, ant
/ ITS concomitan's, the Judge has the following
pungent remarks:
/ ''lt appears to me that we have b,.t one alter
native, either to carry out the law repudiate
The Constitution. The injustice of surrender
ing the fugitive, if there be any, originates in
the Constitution, and not in the law. So con-
scious are its most violent opposers of this that
every blow aimed at the law falls upon the con-
sttulion, and they are driven ei,ker TO denounce
The constitution ITSELF to the sophistry OF a
higher law, which shall override and abrogate
IT. This law is To be found, as they hold, IN the
breast or conscence of every individual, and it
is to be what his own peculiar mode of thought,
bias or educaiiou, prejudice passion, may
choose to make il. greater absurdity cannot
well be conceived than profcssed government
OF laws, in which the obligation, force and ctii-
cacy OF the law depends upon each mans con
science. Should such principle be found at
The root of our Institutions, it is muc:, to be
feared that the thousand opinions, achims, uhams
and isms, revolutionary and disorganizing in
mo ais, religion and politics, which character
ize this age of rcsilessness and progress, viii
not only make strange shipwrfck Of oul insttu-
tons, but VIII solve at once the great problem
OF the capacity of man for self government.
Socialism, Fanny Wrightsm, Mormonisln, nay,
inhdellty Itself viii rise, each upon the wings
"f It's own conscience, to illumlne and govern
the world One may lay the axe al the root of
private property, and throw all into common
stock-another may sever and obliterate the
domestic relations, and herd US like the beasts
OF the stall the third may reduce men to the
most ablect spirtua slavery, and rob him OF!
that very conscience which is the source of this
higher law, and fourth will have nothing to do
when all this SHALL have been accomplished, as
a mans earthly prospects already blasted,
but to rob him Of lis hopes OF eternity. OF!
what value is that law which nobody is bound
TO regard unless they choose What securityi
rs it to Afford if it depends upon the conscious
approval OF each Individual, whose standard OF
obedience his conscience, is governed by no
rules, Is subject to no control, and def S all
judicial investigation? Does it not como to this
at last, that after all the experiments that have
been made to further the great objects of haman
association, security in life liberty and proper
ty, the only security we shall hive for all or |
either, is to be found in the free and uure.truin-
ed indulgence, by fallen man, of his vicious and
depraved propensties'
g Specious the doctrine nav seem, tlrs
something called conscience will prove practi. |
caily the worst of all tribunals If you admit !
IT'S jurisdiction in one case you must in ALL You
can ne!ihcrcontrol its operations, question its
dictates, nor appeal from ITS decisions Nav.
more, you cannot even question the report which
'he keeper ofths oracle may choose to make of
It's responses. There will be no remedy for er
ror, tanaticism, folly and passion and restraint
upon evil and corrupt purposes. 1t is easy to
perceive that such a doctrine abropates at once
all legal authority, and that system of govern
mont ,,no. IaIre
must be enphatica!ly government without
aw, force or efficacy"
A fter disposing OF the subject of the const. |
of the law, he turns to the habeas
corpus act ofthe last Legislature Of Vermont, for
he purpose of preventing the execution of the
aw in that State, Of which he says, if the state
IAN legislate in such nlnner as to override
md control the acts of Congress, the power of
lct of the Legislature conflicts with the law of
Congress- adding
'sThe radical objection to the act of our Leg-
stature, in short, is this Having themselves no
,ower or rightful control over the subject they
lave attempted to take it out of the hands oftha
judicial authorities of the United States where
t constitutionally belongs. ! have never vet
een even plausible argument in defence of
he act Of our Legislature. What is said of the
sacred nature of the remedy by habeas corpus
S well enough, but it must be borne in mind
hat this subject is committed by the consti-
sutton to the Legislative and judicial authority
If the United States, the remedy, whether by
labeas corpus otherwise, must be sought |
here. The right and duty of State to protect
IS own citizens, as an abstract proposition, will
1ot be questioned; but it must be remembered
that, as to all those matters committed to the |
,arc of the United States, they are st!,a State
II is the duty of the State to protect the indus
ry of its citizens, but nobody supposes the Leg
stature Of Vernon. can establish tariff for that
md.
Senntor Phelps says of the agitation which is
going on i'll regard to the law, and
)f those who are concerned in it:
Whoever would wipe away the present laws
md adjust the matter in way, in all respects,
to ALL will find himself engaged in
hopeless task. 1t cannot be done. If the
present ljustmcnt cannot stand, ! venture the
)rodictiol that no other can be Obtained |
know something of the subject, and the unfa-
rorable temper of the times. l do not desire to
see controversy renewed on the floors Of Con-
gress which fear has already proceeded too far
or the stability of the Union
He concludes with expressing his appreciation
IF the course pursued by Mr.. Peck !" on a recent
occasion The high judicial and senatorial re-
,utation of Judge Phelps, acquired during the
many years he was on the Bench of the Supreme
Court and Senator in Congress, will justly give
great weight to his opinions OH this subject, not
,nly in Vermont, but in all the Northern States
We have not given his constitutional argr- |
nent, it comedies with most others ON the |
amc subject, but may have occasion to refer to
arain -