Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1851-11-14

EultOr1l correspondence Oh inc Il rec EIcSe.
NO. NJ.
MoSrrELiER, Nov. !, 1851
The Daily journal of this morning contains
the following communication
For the Daily journal.
The Burlington Free Press of the Doth ult.,
quotes from Judge Davis report on the FugI- !
tive Slave Act and the Vermont llabeas Cor
pus Act, the following:-
"The oniysqte and pru!cn' course for this
House 10 adopt is to assume The eHfire u1ltdtty
and constituiionality Of such lcgslation as Con-
rress has adopted on this subject Ito wit, the
fugitive slave aw) AMI the consequent inua'idt-
tn of all State legislation intended or calcula
ted to countervail IT."
can assumption like this the editor says,
"is rcpugnant to the genius and spirit of our
repubiicanism. not demanded by the constltu-
ton and wholly abhorrent to the just sentiment
Of the people OF Vermont"
Let us see how this matter is. The consti
tuition of the United States says: "The laws
of the United States snail be the supreme law
Of the land, anything in the constitution or
lalcs Of d1ty state to the contrary notwithStand.
ing" And further; tine judicial power OF the
United States courts. shalt extend to all cases
arising under the constitution and the laws Of
llP | 0ilCu STATES. nus lIc lu"S vi tIc -
States are the supreme law Of the land and the
United States courts have the jurisdiction over
all cases arising unlerthcm II it is so, ask,
how can State Legislature righttully inter-
lcre !; The constitution puts the remedy in the
United States Court. How can State Lcgis
lature take it out of their hands: What right
jave they to attempt purposcy TO break down
orthwart. or put d~rcspect upon an act OF the
t. s. legislature
If law is made by the United States legis-
lalurc, when the evil under the law arises, the
remedy is in tn nited States Courts, and not
in the legislatures of the States. 1t must be so,
or we shall fall into endless confusion and
anarchy. Each must be kept to their own bu-
sness. and to their own appropriate remedies,
or order is broken up, and equity is impossible.
ANY other doctrine is insane. Why, sir, may
South Carolina assume that what she does not
like in the L. :. laws she may rcctlfy by her
own legislation, and declare by her laws, an
intention TO run counter to a law of Congress
Such an intention is the very root and kernel OF
disovaltv; and if she may do it, every other
State may do it, and we shall have every State
saying. What is this U. S. government, that
we should assume The uhi fy and the 6onsti-
t,ttionaliiy' of its laws Out uponit; we in
Vermont are not going to assume an, such
thing; '1t is contrary to the genius and spirit
of republicanism" This is loyalty to tie con-
stituton and the Union with a vengeanc }.
am not much acquainted with Judge Davis
but do not suppose that the corre1p ,nding
editor Of the Free Press or any other gentle
man, would say or lnsinun,c that he is an un-
prncpcd dcmagogue and yet when it is said
that Judicial Report drawn up by Judge
Davis is currently looked upon as an elaborate
effort to Websierize the Wing party in this
State, 1t comes very near to saying that of him
The thought is, that he has used his ositior
for political ohicanery.
A CONSTITUTIONAL VINO.
The absurd AMI shallow fallacy Of this Son
stitutional Wing" consists in his making great
show of assuming what mob ody denies. Who
States are the Supreme Law Of Il Land ?
Nobody. And it is just exactly because every
good citizen admits that the Laws Of the United
States, constitutional or unconstitutional, so long
as they remln unrcpcaled, or are not decided
to be unc institutional by the appointed Tribu'
nal ARE Supreme and MUST BE oBEYED, tina
there is any opposition or hostility to the Flu
gitive Slave law. If that Law were not wei
known, and admitted, to be supreme law of
the Land, anything in the constitution or Lar
Of any State to the contrary Notwithstanding,
who would care brass farthlng for it: Who
would "agitate his bowels" about law Of tn,
United States, Tor in other words, law Of Con-
gress if it were not for the fact that everybody
comedies that such law, while it remains &
law, is 'suprcmc :" And yet this Rip Var
Wrinkle Of u Unconstitutional Wing" who seem
to have been asleep since the world began, sud
denly sczcs this fun llmcnll axiom OF the
Constitution, as though it was something that
nobody had yet discovered in that instrument
and forthwith begins furious warfare upon
Imaginary opponents Verify, the wisdom o
this world plsscth knowledge The Laws o
the United Safes" says Constitutional Wing
:'lre the supre ne law of the lanl,' AMI there
fore or rather "arga," as Dogbcrry hath it, the
Fugitive Slave Law is unconstitutional, TIT
Supreme Court of the United States Iappointo
TO decide these very questionsl 'to the contrar
Notwithstanding ~ 1t is evident that "a Dan
lei has come to julgment,' without letting hi
mother know Of his intention to leave the pa
rental ireslde! SO granliloquent statemen
of proposition that nobody disputes, and tina
has nc more to do with the question to which j
Is applied than it has with the average depth O
tie ocean, is extremely fascinating to u "well
ordered mind" | hope Unconstitutional Wing
can be pursUaded to give us an essay on tn
constitutonaiiy Of the gluten provided for TIM
envelopes TO be used in the approaching Mas
slchusetts election with short preliminary
dissertation on the adhesive properties Of swee
OIL. Ills Original notions on the supremacy C.
the laws Of the United States would be cqual
" pertinent in these new Fields OF thought.
am sorry to feel compelled to ridicule tn
gravity of any writer who tries to appear res
pcctable by calling himself Il constitutions
Wing ;"-but where there is no room for arg,
nent, and something liz reply is expected, wha
else can do: The questions to the elucida
ton of which constitutional Wing" with in