The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1851-10-18

u FlslhAnn a. the representatives. avn hfhA'"le
are usually acquainted with me wishes ann
ienlinas Of their constituents Without the AN
" resolutions and Instructions.
may remark f1r myself ind gidually, that
whatever other powers Congress may possess,
u order % insure domestic tranquility, ana
promote rle general welfare, 10 warrant the
pasaiug'of the law iu question: have not heen
able % find 10 Ia that clause Of the consutu-
ton, in relation a. iugitiyes from labor ana
have rather conceded with the opinions Of
learned chancellor OF New York, and 81 q
Judge Of the supreme court OF the United
States, and IT some Of the distinguished STATES
men u that portion Of the union who are the
most sensitive on ibis subject, that no legisla-
ton by congress wasauthprzrd or required
but upon this, ~ upon all oibeF similar sub
jects have endrayored % conform my own
views 90 juLssaal decisions, considering all de-
eisions OftlFsupreme court, upon point d.
rettly Ia Issue, 40 FINAL aud conclusive though
have not yielded the same authority Ia the
reasons which they may express ipr coming
"a such decisions, which are frequently given
by the way OF illustration or explanation on
IS. should have much preferred 20 see the
authority in congress maintained from the
woris-pf the constitution, and not from CO.
tomporaneOus history, which ! have never
been able "a hnd,and from aequiesoence when
tIns@s5h no wefd tie subjects OF IL provisions
had no othor way but 10 acquiesce, and had
not the means or ability 10 try the validity N
any acts passed. by congress, OF any question
Ut constitutional construction. ! am not In
sensible that othnra, whose opinions are of a
very high authority, have different views
Those who think congress are under any CON
Hhuii6nH olii1ai'0H 10y the article referred
TO- % cnArt liyWs 90 carry the same into effect,
may Boz justified In passing this law, and will
probably, hate.to resort tO other measures,
more stringent aud eilcciual
Those oi the representatives and senators
IN congress, who neither voted for the law in
question, nor proposed any alterations or a.
amendments, have no reason n believe, had
any such yiews Of constitutional duty or obi
gallon, But have no wish whatever, either
10 discuss, agitatc, censure, or approve the
INV NJ Turrrruu, nm WIN unty ann, rfat n n
no reason with me, either 10 withdraw my
confidence from any administration, or any
mcn who think differently, or TO withhold It
hereafter " they we're honest and upright ia
their con, ictiung Of duty, Unanimty, or q
perfect coincidence Of OpninnPis not "a be-
expected IN any legislative body, on eyory
question before them, either Of ordinary leg
slaton, Ur OF constitutional rights or duties,
Nor can I hesitate 60 express my appreciation
Of the executive, IN carrying into effect, either
this OF any other law passed agreeable 90 the
iorms'oi tho constitution, Indeed, IL would
b, an anomaly; and drrcliction Of duty, for
any executive 20 refuse or neglect to execute
law, which has passed the legislature arrl
received his official sanction, Il il not, how
ever, matter Of much importance what may
hc my opinion IN relation 10 the law in quna-
ton, II - sufficient on this occasion 10 say,
that Of the constitutonalits Of the NJ. both IN
the whole, aud in IL particular provisions,
rycry great doubts have been entertained
The President Of the United States withheld
his appreciation until lac had obtained the o.
pinion of the Attorney General Others, not
convinced 10y that opinion, still continue in
the belief that congress had assumed powcrs
not delegated 10 them. aud hal disrvgarlcd
the principles Of civil liberty, and the consti-
tuiioh.
One branch Of the legislature Of this State,
without any apparent dissent, had pronOunc-
ed the act a violation OF the principles OF civil
liberty aud the constitution, and set forth the
rcHsons for such an opinion. The other de-
clar,d their diapprobation Of the act, and
urged ~ repeal, ar such notifications ~
would protect the rights uf our own citizcns,
thereby implying that those rights might be
~ danger. Not having any rca-on 20 doubt
they were sincere ia the belief OF thi'se opin-
pressed ~, t!s..'..J tle passing tipe-iHTv
in relation d. the writ Of haboas corpus, aud
extending its Provisions 10 persons claimed
a. fugitive slaves, cannot be made suhjC-t
Of rrprnarh The law OF this State is proha-
bly, the first act Of any legislature; designed
10 give the person claimed "a fugitive from
service the way aud the means OF having his
claim to freedom established hy u judicial
lrilninal-a t4EailaI4H.l h. ,ar4ai-iAs.-l
90 the states attorney 10 defend him from any
4 l.s
aud tho constitution, on the necessity, pro-
priciy, or cXprdicucy OF such an act, il is not
For me to decide Never having heard that
such an act was IN contemplation, until the
rvaning IL passed. nevertheless examined is
provisions, and though hal no doubts OF It's
necessity or oxpediency, ] had none of its
constitulionalty, aud gave It my approval.
A. rthy a. the year 1886, this State found
Il necessary t0 provide against FREQ persons
icing transported on Of THE state, aud sold
as slaves, and our permanent laws make such
practices highly ponal ] can see no good
reason WHY All inquiry may nor bc had ON the
return Of writ OF habeas corpus, whether n
person is arrested or imprisoned 10y inWIui
authority, or is about TO DO sent out of the
state without such authority. Instances have
not been wanting, where persons have rs
sumcd 10 act as commissioners without any
authority, and where, in a summary manner
they have taken jurisdiction over a person
not fugitive, and not subject TO their iuris-
diction or authority. The habeas corpus act
rnS-rt nv the Legislature OF this State in the
wear Isli, met with the same objection and
opposition AS tho act of the last legislature,
and vet no attempt was made to procure its
repeal, and its provisions have since been in-
corporated into the constitution OF this State.
IL not, with me, among the Objectionable
provisions Of the act of our legislature, that il
provides Tor carrying the Subject by appeal,
to the courts oflaw, where, from the decision
of the highest courts of this State, writ of
error iNill lie TO the supreme court of the T.
ntcd States, nor woudit have been objec-
tionablo il they bad made the writ rcturnable,
in the first instance, to the supreme court of
the state, IL is declared by thu constitution
of this State, that "tbe writ of habcas corpus
: shall in no case be suspended; it shall be
isssuable of right, and the General Assem-
bly, shall make provisions TO render it a
speedy aud ctIcctual remedy, in all cnscs
proper therefore" Il protects the citizen