Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1851-05-15
Now we amin, on the authority Of the su.

Now we amin, on the authority or the su-
preme Court, that the case within the exclusive
jurisdiction of Congress AMI i's courts is the
claim By an orcno against his Jug tie siare.-
Upon that subject---i. the title Of a master TO
his fugitive slave,--the states may not egislate.
since Congress has ogslated. But the power Of
the state to inquire whether such a cas-, has d1is-
en-, is in no manner denied, either by the act or
by the Supreme Court. The state, then, may
require its own courts to see whether its inhabt-
ants, who are arrested are fugitive slarcs. That
Is absolutely necessary to protect the liberty Of
freemen and it is a question: too. which ought to
be determined before federal authority is permit
ted to attach That being decided against the
person arrested. he must go into federal author
ty, which Is then exclusive, and the business of
which il to decide the tie OF claim" of the
master to this particular man, as well as the fact
Of escape,-and 10 discharge or deliver up"
according to the circumstances of the case. The
state court is not 70 decide the technical case as
between the man and the mastcr-the tile of the
muster, that is 20 say; although ihlt may appear
incidentally in The examination of the questions
which the state is to decide-io wit the facts
Of siaroy and esc1po Nor is the state to " de-
liver up the man, it he is proved to be fugi-
tive slave, m the sense provided by the Consttu-
tion--thit Is, 10 The muster. lie is to be remand
ed to the federal Judge or commissioner, and dis
posel of according to the laws Of Congress-
Whoever denies this, aud main'uins that a state
may not protect by habsas corpus any man who
Is not proved to be a fugitive 81 We. DOES TO all
int nis and purposes extend The restriction of the
con aitntl upon the stites. altogether beyond
the language of that instrument and the intent
of it- trainers # is incouceiyabe III tatey ever
intended TO permit men-stealers TO claim treemsn
az slaves. Odd drag them from home from friends
and from freedom W thout trial by jury and even
without ap al from petty officer, who cannot
ia4dy be dignfed with the title Of Justice Of
ihe rerce No! they sturdily refused TO per-
NIT NE government TO return even fugitive slave
to bis muster; the master must do it at his own
CHARGES See Madison papers on this subject
Much less would they forbid the State from in-
tarposiog its sovereign authority to prevent that
master rom ens wing a freeman.
Let rs state our positions in brief 2 he State.
itis admitted on all IA uds, may interfere by ha-
bees cotpus. The purpose OF interference is to
protect ireemcn from extudition in violation Of
bis rehs. To DO this it must inquire whether
the man is figiiire s'are rhat is the "cascn
Z, be found It is peculiar case, made by the
Constitution and exactly described The facts
Of ga srg ana esc Iye are tn two prerequisites 20
make It case Of exclusive federal jurisdiction.
II ittoms oot that The OMAN is freeman the
State has r.7At 20 say thltit is not bound to
give its free mhabnnt up-ihs' it IS bound 10
protect him- hat casc7 has not been made
out-that the master has exceeded his right by
claiming the wrong nan, and ths federal Judge
or commissioner VIII exceed his jurisdiction and
endngcr the liberty of freeman, if he attempts
to Try him.
In case where a court acting beyond its
jurisdiction had committed party to prison. n
haboas corpus is the proper remedy, and affords
the means Of trying the question. st Peters
tondensed Repo'ts 594, Cronch, IS. Z Dhea
ton a6
Two things are requisite to constitute theft. -
There must be t,sing, and in'aeiid or telanio,,s
iaf"S' he7e TWO thugs make toe " case ~
Should the return to writ Of hlAeas corpus
show that the respondent was charged with a.
hHs merely s1ero would be no cases or should
the return sho" technically correct allegation
Of theft against Richard Roe and il should mp
pear that John Doc had been tken. John would
be entitled to- discharge. How, hcu. fla slave
cotcher houd arrest our worthy neghbor and
e5'''n ever o. 'i"'ul us ai''e' ana Peter
prove hts 'reedom-or arrest Peter the freeman
ir ipad al Cmsarn figitiye slayes We rotber
,t... p....a., c.......,,..,l,
''.''' ''''" "'''" '' cultured 10 his
ID bees corpus nholo q discharge ou proper proof.
Nearo told. however. that Peter can prove his
ffcelor, Or b.. identity bef,re tb co,o,,is.;.,,,-
30 o'''' ''nN ''' prove ms n'eht'y' or deny
that Tue chlrga constituted theft before the ma
ristrste who had arrested him. The trrth 10
,,,l,r ,r,. hound ..i..i ~,
"''i0" me
49, '"'''s.'' '''' '' 'e'''y "n'cH ne one's'
f''o F" cue" an
p'"' suing enoUsh 10
LUZ ','' 'P'7' ''e'e SGT 'oT'' NOT the
,''''S u'''' re en'''e'y sustained we