Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1851-11-20

granted, which, Ike all maj aulhulcauonS,
excludes all further Judicial action and
vet none of these circumstances are admit
led 10 constitute an exception, or to turn
aside the formidable process of habeas cor
pus under state authority, supposed to be
rendered irresistible by the new, and, in this
connection, unheard-of machinery of APP
peals and jury trials -
/ The act, then, must be a nulluy and
mockery or it must bring the state authori-
ty directly into collision with that OF the u.
States
The committee are willing to believe
that such consequences were not contem-
plated bv the trainers Of this act Perhaps
! 1t was imagined that it would never be con-
s,rued to have any application to cases OF
proceedings by the United States officers,
under the laws Of the United States, but on
| ly to cases IN which the owners of lugitives
owing service should, without process, at
tempt to repossess themselves Of what they
claim to be their property. Even, If, by
proper guards and limitations, the act had
been made applicable to such cases only, IL
could scarcely escape the sweeping con-
demnaton pronounced by the Supreme
Court of the United States in the case of
Prirg rs. the Commonwealth of Pennsylya-
ula, l6 Peters 539 where the act of Prigr
IA furciby removing a Siage from the Stale
of Pennsylvania, without any legal process
whatever, was declared to be no crime, bat
an act sanctioned and warranted by the
Constitution of the United States The
law Of that State, therefore, which pronounce
ed such an act to be a felony, and by virtue
Of which a conviction was regularly had,
was by said court, unanimously declared
unconstitutional and vod, ard the convic-
ton ia pursuance thereof nullityt
Had a saving clause been attached to the
act OF last session, substantially like that at
tached to the act of Nov. |, lcl3, prohibit
ing the courts and the Judicial and execu-
tive officers Of tins State from taking coy
nlzance of or acting under the 3D. section
OF the original fugitive slave law of 1913,
and afiixng severe penalties for being con-
ccrncd in any act thus prohibited, by which
saving clause Judges of the Citcult aud Dis
irict Courts, Marshals aud Deputy Marshals
and all persons acting under the command
or authority of such Conrls or Marshals,
were expressly exempted from the opera
ton of the act, there woulu have been far
better ground for supposing that no direct
interference with the regular action Of the
laws and constituted authorities OF the Uni
ted States was intended.
For these reasons, your committee can
not doubt that the act Ia question is n It's
main provisions Unconstitutional aud yoid,
Toy reason OF its repuguahcc TO the laws Of
the United States, and that 1t viii he so
pronounced 10y the appropriate judicial trl-
bunals, whenever the question shall be pro-
perry brought before them for adjudication.
1.-THE committee are right in this opinion, al
tho repeal oilhe act is not strictly necessl-
~ todeprIyc toleilicacy still repeal IS expe-
dent, as it may save public officers and 9TH
ers from lncurrIng grave responsibilities for
a violation of the Constitution and Laws of
the Federal government, from which The act
in question could afford no protection
The committee are perfectly aware that
there is another point of view IA which this
subject has been regarded. Not few per-
sons, and among them men of distinguish
ed talents, great learning and distinguished
positions IN the councils of the nation. con-
tend that the two acts of Congress already
referred To, intended to carry into effect the |
last clause of section >, article 4, of the /
Constitution of the United Satcs,-whch /
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