Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1851-05-08

nHut Oh Slate Judges u ieS"t ui' wiz ~ INV
most, it can only be claimed that Congress may,
consistently with the spirit and intent of this
clause, do what it peases to perfect and protect the
privilege; but even this sort oflegslation must I'M
questonablv be limited to matters strictly placed
within the jurisdiction Of Congress by an express
grant of power, or by prohibition upon the States
Is not fugitive slave case of this sort? I'm
doubtedy, yes. Were aperson, cogGssedly q ju-
giiire sart, DESTROYS of being freed from arrest
-as, for instance when claimed by person who
is not set forth IN the warrant as his master or
his masters attorney. or when the slave pleascs
to test the constitutonality of the low-we have
no doubt that his most proper remedy would be
by habeas corpus from federal Judge though
he is not restricted to that for the simple reason
that neither has the Constitution, nor has Con
gross by any law, prohibited the State authorities
from exercising the same power. And here we
again advert to the fact, that the prohibition Of
all molestation &c. by any process issued by
any court judge, magistrate or other person
whomsoever," (sec. 6 fugitive slave law applies
only to cases which have been adiudged, and
NlitD Niit AtIill4luN' VI tMNtlHiilp anu gut VI
removal has been granted. II is this certificate,
and nothing bu; that, which the act makes con
elusive Of the right Of the person or persons in
whose favor granted, to remove such iugtve."-
Waving, then all objection to the constitution
atty of this clause Of the act II is enough to
say, that the States are not prohibited from extern
ding the haboas corpus to .tugitire s'ores and
those who are avowcdy such, anterior to the
granting of this certificate; therefore their
right to DO so is clear and undenablc, upon the
principle adopted by the u. s. supreme Court,
and universally acceded to. But infinitely strong
er is the right of Vermont to pass and enforce
her much abused act Il is limited to her en-
habtants," who are mol slaves in the eye of the
law, but simply "claimcd" as such; aud it wos
especially designed for such Of her inhabitants
as are really free, but in imminent danger being
made slaves by gross abuse Of the fugitive
slave law. Not only is ii true that Congress has
not prohibited such an act, but IT caHnot DO it il
It would, except by Legitimate exercise Of It's
express power to suspend the privilege of haboas
corpus in all cases in time Of rebellion or inya-
sion This, we shall hereafter cndeayor 10 show,
most clearly, by showing that the mere "claim'
of person as a fugitive slave is not the case Of
"''on Noi's''S' VI unc loueT'' courts ms oAc'"-
eNe JuIi9u'Uoh' ana h'''e "li I'''""' 'i'l
50 '1' OF" having any con'IoI Over ihe privilege
Oh Haooaa corpus ana u'e regulations imposed
by the Vermont act concerning it., Consress is in
l'ct e'''adea by uie Constitution hscIi' Suihce
" 10 say now 49, mat '"e constitution gives no
power TO Congress over the habeas corpus, to pre-
vent me iIee exercise oil That privilege by the
STATE for the protection OF the liberty OF ITS free
inhabitants and "a. That Congress nus not I'M
dertakcn TO exercise any power OF the sort, eth
or IN the fugitive slave act of 1913 or that of
1850; for 1--WE will further Observer while the
last clause Of the sixth section prohibits inter-
ference 10y any process, issued by any authority,
State or federal, 1t is to be remembered that this
act as well as that OF 1888 purports only to re-
late 20 "ingiiWes from justice, and persons esca-
P"gJrom The serrce Of hs~ masters Such is
the nile' and the wording throughout corresponds
70 'he tlte' ana 10 The wording also Of the Con-
1g' sumo men "iiI INSIST uiat persons SIM
FY e'"'"'u as iugiu'o saves are "llhih the
''''0"e " ''o u0'' anu "'7o "i'n'i 'ne 'No'u-
SN' Ju'i'u'0uon % lno leuefai Judges OF com
iiis''onels' u'ey oei'e pom inc Constitution and
uie ao' oi congress- Inc authors ol that act
were zeoious enough LOT slavery and careless
enough OF ''e hoer'y OF ireemen' but they have
NV '','0u ~ ','o' "'a' ''ee A'''ericah oiuzeh
a''"'' VI u'n''" '"o p'''"cse o' h'ooas corpus on
u'e ',''i' ''u'H' % "'aiu''SS tnen'S'eaierS' II
r''y "''i 'a''" 10 ~ '''s' we WIN not say mat
'''''0''' 9'''',' VI "o''u """y9 SO ouIoo'ouS
''' F''P'Oy ''''0''.'''0,'''''' al act uut She
49, 'e'''''0 ~ '''''i9' ,'' own ''sN'i'. soy
=" po"''' anu 1''', u'o J'us'nen' o' Tue
W Wv ,''"O' D'' '''i' "''''''
',,'''e' ~ d i''0ie appropriate
49,,
. '''' .0''''''''''0" ." : 70" oy '"y'
'S,'''S " ''' Oo'ia'i''''o" Oh 'n''
'V','' - '''' '.'''"'""'"S ana tlie a.
- nos uo'" "'' '"ou y! tue - . ou-
Pe'"' Nou''' ''' q" ''S"'"'o"S apo" Co"grtSs-
"' "Po" ''' ''D'S' 'eV a'gnnoni OF van Ness
III uie ii' '1cs case t'n re'ers.l we might say
a. ouc''--O congress mas no power therefore, to
"'''nso "'9 po"p' oi ihe state over trlal by