The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-01-23
THE NATIONAL ERA.
For the National Era.
THE HABEAS CORPUS IN VERMONT,

good deal Of patriotic buster has been ex-
pended, through the newspapers and otherwise,
at the action of the Vermont Legislature, in the
passage Of An act relating TO the writ Of habeds
coryuS to persons claimed as fugitive slaves, and
the right Of trial by jury This act of Vermont
has been characterized as notification, and de-
nounced as unconstitutional. hold it to be nei-
Their the one nor the other. Let us briefly ex-
anime it,
l. 1t applies only to inhabitants" Of the State
arrested or claimed as fugitive slaves
2. 1t is made the duty Of the several States
attorneys diligently and faithfully to use all
larfVl means to protect, defend, and procure to
be discharged, every such person so arrested or
claimed as fugitive slave.
3. The mode provided is By a haLeaS corpus,
returnable to the supreme or county court, if in
session If not, to one Of the judges, with an ap-
peal 10 the county court by the inhabitant claim
ed as a slave upon the furnishing of bail
4. The court shall, on application of either
party, "allow and direct trial by jury in all
questions of fact in issue between the parties.o
The above are all the provisions of the act
which bear upon the question of its constitution
atty. Upon which observe, that in applying only
to Inhabitants" it applies to those only who are
the subjeos Of the Government of the State, and
to whom consequently she owes protection-men
and women prima face free, born according to
out the power to afford this protection to its in
habitsnts is not sovereign; without the will, is
not civilized.
Again observe, that the States attorney is re-
striced to the use Of lawful means to procure
the discharge of his brother "inhabitant' He
shall procure the issuing of habeas corpus. If
the Fugitive law suspends or nullifes the habeaS
corpus, il is itself nuity, as conflicting with the
Constitution. IT, as is claimed by Mr. Attorney
Jap md ofh a,lv If ha
Fugitive law the hqJsas corpus is not thereby sus-
pended, then the Vermont act violates herein nei-
Their law nor Constitution
Again observe that on the virtue of the writ
trial by jury is TO be had only in case there be
Questions Of jaa in issue between the parties"
The Attorney General holds, that the exhibit
ton Of the certificate Of the commissioner, adj
Judging the man TO be a fugitive slave, would be
conclusive with the court for the discharge Of
the haJeQs coyuus Possibly a Vermont court,
bound upin the dogma that that is property which
tbe law declares TO be property, ight hold with
the Attorney 0edriai Is So shey would probably
decide that there was no question of fact for
the Jury to try, unless possibly the genuineness
of the certificate. If however, the law shouldn't
A0lA the certhr0ie TO be conclusive, but sn6uid !
call for the bill of sale from the Almighty or
treating the whole question an open one, should
award a trial by jury 10 try the whole issue such
decision would be based upon principles entirely
outside Of any provisions Of the Vermont act,
since that act undertakes in no degree particu
lar to control or direct the judicial determination
Of any Of the questions in issue.
In this attempt Of Vermont therefore, to fulfil
her obligations of protection to her own inhsbit
ants, there can be found no just ground for i'm
peechment of her fidelity to the Union and the
Constitution.
We are told by the etter-writers that this ac-
ton Of the Vermont Legislature is repudiated by
her Congressional delegation and certain Silver
Gray organs at home find it to their purpose to
impugn the law, or, what is worse, to frame spol-
ogies for the Legislature for having passed it.
Yet Of one thing men in or out of Congress may
be well assured, that no law will be found to be
frmer fastened to the body of Vermont legisla-
ton than this one; and further that Vermont
has a rod in pickle for the graceess son that shall
be caught with many or few, casting dirt in the
face of the mother that bore him.
A VERNoNTFR