Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1851-11-27
The Lepislature.

We this week close the record Of six weeks
session. and give good part Of the fruits there
of in ffy-sx acts of public nature. Not 1T
lie complaint has been made Of the length Of the
session but good deal can be said in Justiii-
cation of the time thus spent TO begin WIN,
there is the general banking law, which, II sue
cessful, will reduce all future sessions of the
LEGISLATURE at least one fourth. Then there IS
manufacturing law, $50 called passed this year
and to 90 into effect alter the next session If
that goes into operation, another important saving
oftime will be made for future sessions Still
again this session was greatly prolonged by
one very important Railroad question, and sun
dry others Of no inconsiderable interest and Inn
portance-from which this advantage is to be de-
rived it has turned the attention Of Legislators
and others to the necessity and Importance OF
general railroad lac. The Brattleboro' Phoenix
has already broken ground in favor Of the pro-
ject, and we are strongly inclined to the opin-
ion that such measure will be wise.
There are various acts Of considerable impor-
lance, which we will not allude to, the read
er has them before him in this sheet word
only on a very interesting thing which was not
done. One year ago the Legislature of Vermont
deemed it proper to attempt TO protect the lIber
ty of the free inhabitants of Vermont by meuns
of the ancient privilege Of Habeas Corpus, the
right of appeal from Judge in vacation to the
first regular term Of court, and trial by jury. As
our readers well know, Vermont was bitterly as
sailed for this act by public men and public press
es abroad, and this assault was countenunced
and encouraged by sundry other persons within
the State. portion Of the Vermont presses
deemed it their right to defend the character oil
the State and among them ours. For this act
we were in due time punished by Secretary Web
ster. a discussion onsued IN the newspapers,
and the friends Of Mr. Webster and the oppo-
nents Of habees corpus and trial by Jury were
unwise enough 10 threaten rcpeai OF the habeas
corpus act. They were advised to do 10 such
foolish thing--to make no such ssue-to sub
init the matter to Judicial adjudication This ad
vice was contemptuousy spurned, and early in
the late session bill was introduced to accom-
plIsh their purpose. They have had their day
in court, ample time for reflection and discussion
and after some five weeks time THE VERDICT
was rendered-thus
On the amendment Of the Judiciary Commit.
tee, which was to strike out the Sd section ofthc .
habeas corpus act, the yeas and nays were as
follows
Yeas % Nays los
SO by majority Of ONE HUNDRrp AID FORTY
T1EET the House refused to deny The rlgh, of
habess corpus to any nhabltunt of this State
claimed as a fugitive slave.
On the question of ordering the bill TO a third
reading, which simply repealed the i'm and
sirih sections of the habess corpus act the yeas
and nays were as follows:
Yeas 55 Nays 1872
so by majority Of SEVENTY SEVEN the House
refused to deny the privilege Of appeal and the
right Of trial by jury We are well satisfied
with the verdict Granting, if you please, that
the right of the State TO pass the habeas corpus
act is doubtful still the determination of the
Legislature 10 submit that question TO the Courts /
is in perfect accordance with the ancient rule, 7
to give the benefit of the doubt on the side of
Liberty. On that ground, the decision Of the .
Legislature is undoubtedly right Just this
decision was made, intelligence came that Judge
Hoadley of Ohio had made a decision which
more than covers the grounds which the hl-
beas corpus act is defended, and observe
that, in the argument the case, like decision
by Chief Justice Hornblower Of New Jersey
was quoted We shall publish the Ohio case
hereafter. Suffice it now to say, that the decis-
ion is that The STATES have the right Of legisla-
ton in the matter Of exraditon, even for crime,
and that the act of Congress of 9} was uncon-
sututional. On the same principle the act Of
Congress of 1850 is also unconstitutional We
think the Legislature of Vermont Of 1851 is wor-
thy of all praise for refusing to surrender so
important power which by respectable Judicial
authority is declared TO be rightlully theirs. In
the name of VERMONT and LiBrETY, so may it
ever do.
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