The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1851-09-03
Letter from Hon. S S. Phelps.

MIDDLEBURY, Aug. A, 1851.
Hon. LUcIus B. PECK,
SIR You will require, trust, no a
pology for the delay in answering your letter
of the 18th ult., other than i'll health and
disinclinaion 10 effort, the usual conse-
quence.
My views in regard 10 the cons,itutionaity
| aud validity of the recent act OF Congress
commonly called the Fugitive Slave law,
and of the act of The Legislature OF Vermont
of the last session, denominated the Habeas
Corpus act, | had supposed were well known,
krow what these views are. have no OBJ.
lection to repeating the opinion which have
often publicly and openly expressed, both at
home and at Washington, and should have
expressed on the floor Of the Senate had the
subject been made topic of discussion there.
But the decided repugnance felt BY large
majority of tha; body, whose views harmon
lied in that particular with my own, to re-
viving subject of angry and Improbable.
discussion, forbade that I should lead the
way in opening the food-gates of debate.
OF the constilutionality of the act Of Con
gress alluded to, never entertained doubt.
1t is but the echo Of the constitution itself.
1t may be modified, and may sequire mods
ficaiion in some particulars, but these modi-
ications lie within the range Of legislative
discretion, and difference of opinion in re-
lation TO them affects not the question of
constitutionality. 1t would be uiiicut to
carry out the provision of the constitution
without law substantially like the one in
question. The main purpose of the act, the
surrender Of the fugitive, is demanded by
the constitution itself; the mode and man.
ner is left to legislative provision. If there
be anything Objectionable in that manner
the remedy is by appeal to legislative dis
cretion,-not br resistance to the law.
It appears TO me that we have but one
alternative, either to carry out the law or
repudiate the constitution. The injustice Of
surrendcring the fugitive, if there he any,
originates in the constitution, and not in the
law. So conscious are its most violent op-
posers of this, that every blow aimed by them
at the law falls upon the constitution, that
they are driven either to denounoe the con-
slitution itself, or 10 the sophistry Of higher
law which shall override and abrosate it,
This law is to be found, as they hold, in the
breast or conscience of every individual, and
is 10 be what his own peculiar mode ol
thought, bias of education, prejudice or pas
sor may choose to make il. A greater alb
surdty cannot well be conceived than
professed government of laws, in which the
obligation, force and efficacy of The law de-
pend upon each mans conscience, or what
he may imagine or profess TO be its dictates,
g. he ct the same time the keeper of that con-
science. Should such principle be found
at the root of our institutions. it is much to
be feared that the thousand opinions, ,chim-
,chdms and isms, revolutionary and disorgan-
izing, in morals, religion, and politics, which
characterize this age Of restlessness and
progress, will not only make strange ship
wreck OF our Institutions, but will solve al
once the great problem Of the capacity of
man for self-government. Socialism, Fanny
Wrightism, Mormonism, nay iufdelity itself,
will rise, each upon the wings of its own
conscience, to illumine and govern the
world. One may lay the axe at the ROOT
of Private property and throw all into COM
mon stock-another may sever aud obliter.
ate the domestic relations and herd us like
the beasts of the stall ; third may reduce
men to the most abject spiritual slavery and
rob him Of that very conscience which is the
source ofthis higher law. g. fourth will have
nothing to do when all this shall have been
accomplished, as mans earthly prospects are
already blasted, but to rob nm of his hopes
Of eternity. OF what value is that law which
nobody is bound TO regard unless they
choose w hat security is il to afford, if il
dope nds upon the conscientious approval Of
each individual, whose standard of obedience
his conscience, is governed by no rules, is
subject 10 no control, and defes all judicial
investigation ? Does it not come TO this at
last, that after all the experiments that have
been made to 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 in the free and
unrestrained indulgence by fallen man Of
his vicious and dePraved propensiIies?
Specous as the doctrine may seem, this
something called conscience will prove prac.
lically the worst Of all tribunals. If you ad.
nit its jurisdiction in one case you mus. in
all. You can nehher control its operations,
question its dictates, nor appeal from its de-
cisions. Nay more, you cannot even gues-
tion the report which the keeper OF this ora
Gle may choose to make Of its responses.
There will be no remedy Tor error. fanati-
cism, folly AMI passion, and no restraint ups