Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1851-05-08
= very organization of the Su.

A' lt-tH. WY VI t"hiNhbph VI hiN h'h-
prcme Court of the U. s. was intended almost
for the purpose permitting appeals.
Its original jurisdiction is extremely limited its
appellate jurisdiction next TO illimtable From
the nature Of the case, there is no appeal from
is decisions: but because Il is the court of last
resort 1t does not follow that il is the only court
to which appeals can be taken. Appeals lie
through all the courts, state and federal, to this
tribunal and as well in habeas corpus as in any
other form of trial Though its decisions are
conclusive, its Jurisdiction is not exclusive, ex-
cepi in the limited cases of original jurisdiction.
In every other case its power is apuoiirie-a word
which establishes the privilege of appeal But
so IL the power Of every other court, state and
federal, appellate with the same exception and
the privilege Of appeal is affirmed by that fact.
Congress or the state may indeed prevent an APP
peal at any stage or in any case, by simply CIV
ing exclusive jurisdiction of the case to parti-
cunr court but Congress can do so only in the
exercise Of a power expressly granted. Is there
any grant which will enable it to interfere with
state tribunals in the case of an inhabitant clam
ed as fugitive slave? We say not Its power
is hmiicd-not only in the matter Of appeals. but
Of trial by jury and the habeas corpus-in fact
over the choie subject in dspute-by the fifth a.
mendment Of the Constitution.
No person shall be held to answer fora cap
iial or Otherwise infamous crime, unless on pre-
sentiment OF indictment by a grand jury. &c.
nor shall any person be subject for the same Of
ia h.t f,ufr IA, ri
nor shall be compelled. in any criminal case. to
be witness against himself; nor Be depriuef Of
No thirty or P'ppaiE i0thom due process 5fiar;
nor slll private property be taken for public USE
without just compensation
his is a limitation upon the power Of Con
gross. We say. It is not restricted to free
men, or ciii-eps, or inhabitants, but clearly cmbru-
ces every human being of whatever color or con
diuou 40 person" &c. %. It is not rostric-
ted to criminals. they are specifically provided
for in the first second and third clauses. 3D. The
fourth clause applies to all cases Of infringement
upon life liberty or property by any body; as
the last particularly guards private property from
Infringement by the government Now what is
the extent Of the limitation upon the power Of
Congress? We have been told that it cannot
authorize any body to touch the liberty of a man
without some sort of legal process: as much as
10 say uan shall not be hung, or cnsaved, or
stripped Of his property without some sort of tri-
al purporiing to be legal
Wen we venture to say that the onenders
of the Constitution never did SO absurd Thing as
to put that into the Constitution, as ru1rd Of
tho ljfa- liberty and property of the people and
the supreme Court Of iha United States mover
did SO ridiculous thing as 90 call That resric-
ton upon the power of Congress- 80; there
les infinitely deeper meaning and force in this
ifih amendment thnn an that. I,moons that no
uon shah be subjected TO the loss of hfe liberty
or property. without the benefit of an processes
known 60 the common law. 1t covers the habeas
corpus, that man shall not be illegally detain-
cd; information or indictment, that he shall not
be called TO defend himselfogainst he knows not
what common law rules of testimony, that he
may have the benefit of the truth trial by Jury,
to determine the facts proved; and the right of
appeal, that he may correct errors of fact or law.
Though these are not specially named they are
az embraced in the words " due process of law"
and with respect to all, the power Of Congress
is limited, and The power ofthe State intact We
Will not attempt to argue point established by
authority which few lawyers wiz dare 10 doubt:
but copy Judge Stoys comment upon the words
" due process Of law" in this clause Of the Con
stituton:
This is bat an enlargement Of the language
Of magna charta 1--WE omit the latin, which being
interpreted is neither viii we pass upon him or
condemn him, but 5g The incCd judgement Of his
pecrs, d. trial by iury) or by The lar oflhe iapd
Fl. @. the laws Of England) Lord Coke says,
that these latter words, PER icgem ierra. By the
lac Of The iandl mean By d,ie process Of i1tr that
is, without due presentmcnt or indictment, and
being brought in TO answer thereto by due pro-
cess Of the common law. SO that this clause ,of
the Conshtuuon) in effect g6irms The righi Of trial
according 10 The process and proceedings % The
common tar. Story on the Constitution, COB.
- What we have said this week has been
said hastily, snltch at a time, and is ofcourse
badly sold, even for Us but we hope the drift Of
the argument will be understood. We claim that
Congress cannot restrict land we say it has not
Icstrictcd) the power ofhe State over the hnbeas
corpus trial by jury and right of appeal, in any
case whatever, except such cases as are, by ex-
press grant Of the Constitution, within its exclu-
sye jurisdiction. five can succeed in showing
in the next place that the mere claim of an in
habtnt of Vermont as a slave does not consti-
tulo such a case within the plain meaning Of the
Constitution, and also within the meaning of the
fugitive slave acts of 1913 and 1850, our tlsk is
done. That we shall attempt 10 show hereafter
and mainly by the decision of the U. S Supreme
Court in the case of Prog.
The Wings ofthis State, without an exception
SO fan as we know, concede the constitutional oh
legation to deliver up Fugitive Slaves, but are
quite AS unanimous ln the belief that the present
law is radically defective. and that experience
has already demonstrated that other and further
provisions are necessary to guard against abuse,
and protect the liberties of our citizens. There
rs peaceful and legal procedure to decide the
question of its constltutonalty, or If constitutions
al, to procure It's modification or repeal
There is nothing in any of these questions to
disturb the harmony Of the Wing party of this
Stite, but it is sad IN quarters that the Admins
traton has introduced neir tesis,and adopted pro-
scripuye course, toward those who do not ap-
prove the Fugitive Slave Law as it Is. Mr. Web
ster Is particularly assailed, as advancing this
doctrine and carrying It out by removals from