Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1851-10-16

1promote the general welfare, to warrant the
passing of the law in question:. have moi
been able TO fluid it in that clause-of thesc0ns.
litnilon, in relation to fugItives from labor,
and have rather coincided with the opinions
ot learned chancellor of New York, aud
ct Judge of The supreme court of the Unit
ed States, and of some of the distinguished
statesmen OF that portion Of the Union whit
are inc most sensitive on this subject, that
no legislation by congress was authorized ol
required Bat upon this, as upon all 9TH
er similar subjects, have endeavered tc
CONFORM my own views to judicial decisions
considering all decisions of the supreme
court, upon point d. ectly in issue, as fna
and conclusive, though have not WELDED
the same authority to tue reasons which the,
may express for Coz ing to such decisions
which are frequently gwen by way of illus
tralIon or explanation only. should have much
preferred to see lhe authority in congress main.
tanned from the words of the constitution, and
rot from cotemporancous history, which have
never been able TO find, and from acqniescence
when those VINO were the subj cts of its pro
visions had no other way but to acqgissce, and
had not the means or ability to try the validity
OF any acts passed by congress. on any question
OF constitutional construction. | am not nsen-
sbe that others, whose opinions are Of very
high authority, have different views Those
who thWk congress are undqr any constitutional
obligation, by the article referred to, to en- lct
avs to carry the same. into effect, may be Jus:
tltTed in passing ths law, and will probat have
to resort to other measures more stringent and
effectual
Those oil the r3pl esentatves and senators in
congress who neither voted Cor the law IN qucs.
ton, nor proposed any alterations or amend
ments, have no reason to believe, had any such
views OF constitutional duty or obligation But
have no wish whatever either to discuss, All.
tate, censure, or approve the law in question,
land will only add that it is no reason with me
either to withdraw my confidence from any ad
mlnlsrHtlon, or any men who think differently
or to withhold it hereafter, if they were honest
and upright IN their convictions of duty. Una
nlmlty, or perfect cOinci ence OF opinion is
not to be expected in any legislative body on
every question before them, either of ordinary
Legislation, or OF constitutional rights or duties
Nor can hesitate to express my app Obation of
the executive, III carrying INTO effect, either this
or any other law passed agreeable TO the forms
of the constitution. Indeed it would be an ano.
may, and dereliction of dny, for any exeou-
tive to refuse or Neglect to execute law, which
has passed the legislature, and received his off
ciaI sanction. 1t is not, however, matter OF
much Importance what may be my opinion in re-
Iallnn to The law in question. 1t is sufficient on
this occasion to say, hat Of the constnuionaIity
ot the act, tn in the whole, and in its par
tcular provisions. very great doubts have been
entertained. The President of the Unned States
withheld his appreciation, until he had obtained
the opinion OF the Attorney General. Others,
not convinced by that opinion, still continue IN
the belief that congress had assumed powers
moi delegated to them, and had dislegardtd the
principles of civil lbertI, and the constitution
One branch Ct the Legislature of this state.
without any apparent dissent, had pronounced
the act violation Of the principles of civil lib
erty and the constitution, and set forth the rea
sonS for such an opinion The other declared
their dsapprobation of the act, aud urged its
repeal, or such notifications as would protect
the rights Of our own citizens, thereby implying
that those rights might be IN danger. Not h4v-
ing any reason to doubt they were sincere in
the belief of these opinions expressed by them,
habeGs corpus, and extending its provisions to
persons claimed as fugitive slaves, cannot be
made a subject of reproach. The law of this
state is probably the first act of any Legislature,
designed to give the person claimed as II fngi-
tive from service, the way and the mems of hay
ling his Claim to freedom established by judi
4 cal tribunal. and proferng The professional aid
of the states attorney, TO defend him from any
unlawful seizure, not warranted by the law and
the constitution. OF the necessity, propriety,
or eXpediency OF such an act il is not tor me to
decide. Never having heard that snch an act
was IN contemplation, until the evening it pass
ed. | nevertheless examined its provisions, md
though | had doubts of its necessity or eXpe
dlencV, had none of It's consltutlunality, and
gave it my approval
AS early as the year 1886, this state found il
necessary to provide against free persons being
transported out OF this state, and sold as slaves
and our permanent laws make such practices
highly penal. | can see no good reason why
an inquiry may not be had, on the return of
writ OF habeas corpus, whether a person is ar
rested or imprisoned by LaWfL duthority or i.
about to be sent ont of the state without sucl
authority. Instances have not been wanting
where persons have assn ned to act as commits
soners without any authority and where, in
summary manner, they have taken jurisdiction
over person not fugitive, and not subject t,
their jurisdiction or authority. The habeas cor
pus acl passed by the Legislature of This state
IN the year 1914, met with the same objection
and opposition as the act of the last Legislature
and yet no attempt was made to procure its re
peal, and its provisions have since been incor
po,ated into the constitution of this state
If lC moi Tho ohianfi hi
provisions of the act of our legislature, that
provides for carrying the subject, by appeal t
the courts of law, where, from the decision q
the highest courts of this state, a writ of erru
will lie to the supreme court Of the Unite
States, nor would it have been objectionable
they had made the writ rcturnable, in the fir,
instance, to the supreme court of the state.
is declared by tho constitution of this state, tia
I" the writ of habeas corpus shall in 10 case b
suspended 1t shall be iSsuable OF right an
the General Assembly shall make provision t
render ii speedy and effecual remedy, in a
cases proper therefor" 1t protects the citze
from all unlawful Imprisonment, ard it matter
not how obscure the person illegally detained
or how high the pretended authority who clam
to detain. Congress, 10 the plentltuGe OF The
power, cannot suspend il nor can they dne
, how trial snail De nau III tue same, OeIOre VIII
tribunal or at what time.
II, as remarked before, the legislature wei
sincere in their convictions of the unconstitl
tlonaty of the act of congress, OF even if the
had any reasonable doubt upon the subject, The
took the method least liable to objection, wht
they made provision to ref r It 10 judicial II
bunal, whose decision was still liable to r
examination before the higher courts Of tn
state, and of the United States That there
nothing novel in referring to the writ OF babe
: corpus for relief against any act of congress
: supposed to be against the provisions ot,tle C"
n stitutlon, may er 10 the expressed opinion
. Mr.. Jefferson, whose authority will be listen
to IN some Vt the states which have manifest
> hostility to the law of this state. Writing to
> distinguished foreigner, who was liable to
r removed by virtue OF all act OF congress call