The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1851-09-03

in conflict with law OF Congress IS un'
and void This decision ad
mis of no question, unless it can be assumed |
that the state legislature have the power to
repeal the constitution. Considering this
point 10 be settled, tho only remaining qucs>
ii5n Is, whether the act of our legislature
ddea conflict with the law of Congress. And
this point is in my judgment too clear 10 call
i6r argument. Tho act Of Congress pro-
viles for summary hearing before the mag
istraie, and provides further that the ccrtifi
cate when granted shall be sufficient ats
thority to remove the fugitive, and that Il
shall not be interfered with by any writ Of
habeas corpus or otherwise. The state law
provides for habtas corpus to carry the
matter before the state tribunals for an APP
peal to the county court, a trial by jury, and
the release Of the fugitive oil bail. Now,
unless he can be restored absolneIs 10 ths
custody Of the master, in conformity with the
act of Congress, and at the same time set at
liberty on bail under the state act, the Two
must come in conflict. BY one act the de-
els on of the magistrate is made conclusive,
by the other it is set aside and the matter
opened for future adjudication. The State
act, moreover, TAKES the subject out of the
hands of the U. S. Judge, and suspends, not
only his proceedings but his Jurisdiction also.
The radical objection to the act oil our leg
islature,i in Short is this: Having themselves
no power or rishllul contr5 over HE subject.
they have attempted to take it out Of the
hands Of the Judicial authorities of the Uni;
led States where II cons,itutionaly belongs.
| have never yet seen even plausible atgu;
mcnt III defence of the act of our lenisla-
ture. What is said of the sacred nature OF
the remedy by lIabeas Corpds i. we'll enough,
but it must be borne in mind that, as thi. siib-
lject is committed by the constitution to the
legislative and judicial authority of the Uni.
ted States, the remedy, whether by IIabea:
Corpus or otherwise, must be sought there
The right and duty Of a state 10 protect It.
own citizens, as an abstract proposition, will
not be questioned; but it must be remem-
bered that, as to all those matters csm1iittcd
to the care Of the United States, they are
"the Slate" l; is the duty of the State &c
project the industry Of its citiseni, but no
body supposcs that the legislature of Yer
mont Cali establish a tariff for that end.
So much for the consiitu,ionality Of thos,
laws. or the character of the measure,
constituting he compromise" in other re.
'pects, every man will judge for himself
For myself, / trust they will not be disturb
ed. know the fugitive slave law is some
what unpalatable TO the people Of this ,late
But the difficulty lies not so much in the
legislation Of Congress, as in the subject
ITSELF in the existence Of the institution o
slavery in some of the states, and the ne.
cessity OF some constitutional recognition and
protection TO the peculiar institutions ofthose
states. The subject is one Of Embarrassment
and difficulty under any circumstances, In
the existing state of things, in these time, oil
Excitement, it is peculiarly so. No intclli
gent man can fail TO perceive the necessity
il these dissens;ons are to be settled, of mu.
tual concession.
Whoever would wipe away the present
laws, and adjus. the matter in a way, ia all
respects, satisfactory to all, will find himself
engaged in a hopeless task. 1t canno, be
done. If the present adjustment cannot
stand, I venture the prediction that no other
can be obtained. ! know something of the
difficulties Of the subject and the unfavora.
ble temperof tue times. do not desire to
sec controversy renewed on the floors o
Congress, which fear has already pr5ceodtt
loo far for the stability of the union.
cannot conclude without expressing m,
appreciation of the course pursued by yor
on a recent occasion.
Very respectfully and sincerely Yours