Washington telegraph., 1851-10-22

| we have already mentioned tina; the
Hon. S. 5. Phelps, late Senator from Yer
mont, has written letter 10 Eucius d.
Peck, who declined to be the emalga ma
ton candidate for Governor of the State.
on account of the Abolition character
of the resolves OF those who nominal ted
him, in answer TO one from the latter,
| giving his views of the constitutionality
of the fugitive slave law, and other mat
ters connected with il. On the "higher
law doctrine, anG lis concomitants, the
Judge has the following pungent remarks;
| 1t appears 10 me thai we have but one
alternative, either TO carry out the Law or
repudiate the constitution. The ihlus-
tlce of surrenderiug the fugitive, if there
be any, originates in the constitution,
| and not ill the law. So conscious are
its most violent opposers of this, that ev-
cry blow aimed by them at the law falls
! upon the constitution, aud :hey are driven
either 10 ceuounce the constitution itself
or 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 conscience OF every individual, and it
is to be what his own peculiar mode of
thought, bias of education, prejudice or
Passion may choose 10 make it. A great
er absurdiIy caunot wei! be conceived
than prolessed govetnmen, of laws, in
which the obligation, force and efficacy
of the law depends upon each mans con-
science. or what he may imagine or pro-
tesS to belts dictates, and he at the time
the keeper of that conscience Should
such principle be found at the root of our
institutions, it is much 10 be feared that
the thousand opinions, whims, whams
and isms. revolutionary and disorganiZing
in morals. religion and politics, which
characterize this age Of restessness aud
progress, will not only make strange
shipwreck Of our Institutions. 6u! solves
at once the great problem Of the capacity
o: man for self-governmens.
Socialism, Fanny Wrightism, Mormon
ism, nay, lutidelity itself, will rise, each
upon the wings Of lis own conscience, 10
ilume and govern the world One may
lay the axe at the ROOT Of a private prop
erty and throw ali into common stock;
another may sever and obllterate the do
| mestic relations and herd us like the
| beasts of the stall; third may reduce
men to the most ablect spiritual slavery,
! and rob hun of that very conscience
| which is the source of his higher law;
and fourth will have nothing 10 do
when all this shall have been accom-
plished, as mans earthly prospects are
already blasted. but 10 rob him OF his
| hopes of eternity. OF what value is. that
law which nobody is bound to regard-un-
less they choose? What security is it to
afford if it depends upon the conscien-
tlous approval Of each individual! whose
standard Of obedience--his conscience
is governed by no rules, is subject 10 no
control, and deies al! judicial investiga-
| ton! Does 1t not come 10 this at las,
that after all the experiments that have
| been made 10 further the great objects OF
| human association, security in life, liberty
and property, the only security we shall
have for all or either, is TO be found ia
the free and unrestrained indulgence by
fallen man OF his vicious and depraved
propensities.
Spacious as the doctrine NAV seem,
this something called conscience will
prove practically the worst Of all tr,bu-
nails. Ii you admit its Jurisdiction in one
case, you must in all. You can neither
control its operations, question its die.
tates. nor appeal from its decisions
Nay, more you cannot even question the
report which the keeper Of this oracle
may choose 10 make of its responses
There will be no remedy for error, fanat-
icism. folly and passion, and no restraint
upon evil and corrupt purposes. 1t is
easy TO perceive that such a doctrine alb
rogates at once all legal authority, and
that system of government upon which
such an element is engrafted mus, be
emphatically government without law,
force or efficacy.
After disposing of the subject OF the
constitutionalty of the law, the Judge
turns to the habeas corpus act Of the
Legislature Of Vermont, for the purpose
OF preventing the execution OF the law
in the State, of which he says "if The
State can legislate IN such manner as
to overrule or control the acts OF Con.
gress, the power Of the body is nugato-
ry," and explains that the act of the
Legislature conflicts with the law OF
Congress, adding:
The radical objection 10 the act OF our
Legislature, Ill short, is this: Having
themselves no power or rightful control
over the subject, they have attempted to
take 1t out of the hands of the Judicial
authorities of the United States. where
1t constitutionally belongs. have never
yet seen even plausible argument in de-
renee OF the act of our Legislature
What Is said OF !he sacred nature of the
remedy by ha6eas corpus is well enough;
but ii must be borne in mind thar ne tI,is
subject Is committed by the constitution
TO The legislative and judicial authority
OF the United STATES, the remedy, wheth-