Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1851-11-06

For he Daily journal.
The darlington Free Press Of the 29th ult.,
ouo,es from Judge Davis Report on the Fugitive
Slave Act. and the Vermont lIabeus Corpus Act,
the followng'
- The onir srIs and prudent course for this
House to adopt Is to assume the entire rdhdity
and oonsiitutiondiiy of such Legislation as Con
gress has adopted this subject Ito wit, the
fugitive slave law and the consequent inruhdiiy
of all State legislation intended or calculated to
countervsi it."
AN assumption like this" the editor says, sis
repugnant to the genius and spirit OF our repub
licanism, not demanded by the constitution and
wholly abhorrent 10 the just sentiment of the
people Of Vermont"
Let Us see how this matter is. The constitu-
ton Of the United Stntes says: "'rhe laws OF
the United States shall be the supreme law OF
the land, any thing in the constitution or idles
ofany state 10 the contrary notwithstanding.
And further the Judicial power of the L.
courts, shall extend 10 all cases arising under the
constitution and the laws of the United States.
Thus the laws Of the United States are the SUI
premc law of the land; aud the United States
courts have the jurisdiction over all cases arising
under them. II 1t IS 80, ! ask how can State
Legislature rightfully interfere, The consutu-
ton puts the remedy IN the L. 5. Court. How
can state Legislature take It out of their
posely to break down thwart, or put disrespoct
upon on act Of the L. ). legislature
II law Is made by the L. s. legislature, when
the evil under the law arises the remedy is in
the U. s. Courts and not IN the legislatures of
the States, 1t must be so, or shall fall into
endless confusion and anarchy. Each must be
kept to their own business, and to their own
appropriate remedies, or order is broken up, and
equity is impossible. ANY other doctrine is IN
sane. Why, sir, may South Carolinl assume
that what she does not IKE IN the u. ) laws she
may recuiy by her own legislation, and declare
by her laws, an intention to run counter to law
of Congress Such an intention is the very
root ard kernel Of dsloyaty; and if she may do
IT, every other State may do it, aud we shall
have every State saying, What Is this IT, s. gov
eminent, that we should "assume The uGiidity und
The constitutionoiity" of its laws; Out upon it
we in Vermont are not going TO assume any
such thing; att IS contrary to the genius and
spirit of republicansm." his is loyalty to the
constitution and the Union with u vengeance
am not much acquainted with Judge Davis
but do not suppose that the corresponding edl-
tor of the Free Press, or any other gentleman
would say or lnsinuate that he is an unprlncipled
demagogue; and yet when it is said, that iu-
dicial Report drawn up by Judge Davis is cur
rehtly looked upon an elaborate effort to Web
sterile the Wing party in tins state, 1t comes
very near to saying that of HIM. The thought is,
that he has used his position for political chi
canery. a CONSTITUTIONS Vino.
The foregoing communication ought to have
been sent to the Free Press bat it is brief, las
every communication for the Daily should be,
and we are disposed to be liberal In such cases.
We have nothing TO say of the article as crit
icism upon the Free Press; as a reelection upon
the last Legislature, and upon those who have
defended the habeas corpus net, we have some
thing to say.
Let Us admit the doctrine of Judge Davis
what then 1t is equally true Of a1y lar Of the
State Of permont The laws Of Vermont, within
the constitutional sphere of state legislation, are
valid against Congress and against the world. -
BY the highest federal authority, to wit the Con-
stitution Of the United States, We hold that in
the States resides all power not specially granted
to Congress and in The State specially resides
the power TO protect the liberty of It's citizens by
hIbeas corpus. Congress is prohibited from sus.
pending that privilege except IN case of Invasion
or rebellion, and has no other power over state le-
gislation on that subject As constitutional
Wing" then-and as Wing jealous of the
rights of the States and the liberty of the people
into the bargain,--we should add to Judge Da
vis's doctrine, that the only safe and prudent
course for Vernonter is, to assume he entire
raidiiy and conaituiionaEy Of such legislation
as THE STATE OF VERMONT has adopted on a
privilege which is by the Constitution of the
United States, erciuSirely ,citiin The jurisdiction
ofhe State. The error of Judge Davis is, thut
he does not act upon his own doctrine when ap-
piled TO State legislation: his assumptions are
partial; they are all for federal power and a.
gainst State rights for slavery and against Lib
erty. lie assumes that the habeas corpus aci
was designed and calculated to countervail the
fugitive slave law. We deny alike his right tc
assume that, and the fact. Judging the desigr
Of the legislature by the provisions Of the act, W,
say the legislature had no such design We Sc,
no collision between the state and federal acts
AS we read the fugitive slave law, 1t gives no au
thority to any body to arrest freeman Of Yer
mont as a slave. As we read the hLbeas corpu.
act, 1t gives no authority to a state Judge to in
terfere one iota with figltire siarss, beyond tn,
degree to which every Judge could interfere a
common law. As in Massachusetts,, in the cas-,
of Slmms, we presume our Judges would refus,
to grant the writ Of habeas corpus, if it shout,
appear that the applicant reaiy Gtgifirt
slape; or, if they grant the writ in such cases
we presume they would examine the return onl,
30 far as to that the man is held by " due pro
cess of law" But suppose q oizsn or irhaJi
ianf Of VermOat is arrested aud claimed as
slave: if ii be true lhat the person is free
man, he is held by federal officers ,cittom tn
authority Of any iG,o, state or ieeerat. Congress
has authorized, and can authorize, no such claim
There is not a word, either in the federal consu
tuition or the fugitive slave act, that authorizes
ny STAKEHOLDER or his agent, be he federal com
missioner or not, to claim any free man as
slave, and compel him to prove his freedom il
another state. Here the habeas corpus act o
Vermont steps in and provides that the stat,
courts may protect such persons from un,l,rju
arrest, unlalefh detention, and the danger Of un
ialeflt extraditon. Judge Wayne, of the U. 5
Supreme Court admits the riuht and lutv Of IN