The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1851-11-12
Report of the Judiciary Committee, on
the Bill repeating the Habeas Cor
pus Act" Of last session.
the House of Representatires a.:

The Committee ON the Judiciary, to q
whom has been referred House bill No. Z, s
entitled " An Act repeating sections FIVE and I
six Of an act relating TO the writ of habeas !
corpus, to persons claimed as fugitive slaves.
ard the right of trial by jury approved G
Nov. 13, $780, have felt the importance of {
giving 10 this subject full and dispassonhte .
consideration, as well on account of its in I
volving the personal liberty of a class of
persons who may at some time hereafter
| come within this State, with view TO reside
here, or who may happen temporarily to be
within or passing through it, as on account
of the fact tina. the act Of the Legislature,
passed at its last session, portion Of which
the bill referred to proposes to repeal, has
ELECTED much discussion, both within and
without the State,
The apparent object and purpose of the
act, IN nterposing obstacles in the way of
the execution, within the limits of this State,
of law of the United States, passed Feb.
10, 1893 entitled An Act respecting Flu
eitives from Justice, and persons escaping
from their masters" and the act in amends
ment thereof and supplementary thereto APP
proved Sept. lS, 1850, and the exlraordina-
ry extension it gives to the great remedial
writ Of hdbeas corpus, and the novel modes
it provides for the ascerlainment of disputed
facts, that arise in its application 10 supposed
unlawful restraint, were circumstances in
themselves well calculated to excite atten>
ton and arouse dstrust in those portions Of
the confederacy where the institution OF
Slavery is regarded with less ahhorrence
than with us. That a1ima1vcrsion and even
denunciaiion should follow was natural and
10 be expected, in country where the free
dom of speech and Of the press, in respect
|, ! tI,, Of nh bod
whether state or national is enjoyed without
limitation or restraint. II can excite no sur
prise that the obnoxious enactment should
be misunderstood and mlsrepresented. There
would seem to be little use in complaining
Of this. II is more 10 the purpose 10 exam
inc the act carefully, and, il ii should be
D found in any respect IN contravcntion OF the
! Constitution of the United States, and the
n laws enacted in pursua nce thereof, 10 repeal
V such provisions promptly and without delay.
To do this involves no sacrifice Of individual
e or State pride. On The contrary,it woul be All
}, exhibition Of true dignity and genuine patrl-
J. otism to repair as speedily as possible, any
hasty error in legislation, into which we may
have been Inadvertently betrayed Above
e all this our clearest duty and highest obliga
e ton, whenever we may have, through an ex>
treme soliciude to preservs nnimpaire those
4
u pride and the boast of our State, transcend
81 ed the limits Of legitimate state authority.
% Your committee do not feel called upon 10
. vindcate the character of our people, of our
Government, from the mYu,ation Of hostili
d. ty TO the Union oil III, s ates--io the
n Constitution which binds them together in
cs our confederacy-or 10 the laws enacted il
conformity TO it. They have never, for
moment, entertained the design of placing
e. themselves in opposition 10 either. The,
es have never counienanced or taught nuti
Is. cation. in any form, or intended to provoke
it. If their acts and proceedings are, in an,
81 particular, justly obnoxious 10 the charge o
III doing so, ii may be presumed 10 he the resul
he Of haste and inadver;ancc, and no sentiments
h. of false pride can or ough, TO restrain then
from placing themselves right before ih'
country, at the earliest moment they have
on an opportunity Of doing it.
al, In connection with the bill referred t.
c. your committee single petition, signed b.
~. a few persons, has been referred TO them
- and this prays for repeal moi only of tn
" two sections embraced in tbs bill, but Of tn
&c three sections Immediately preceding. A
he there is nothing in the "a and 4th section
in which it is not consti,uionally competen
for the Legislature of the State to enac
class of persons who are likely 10 be claimed
ISIS under the acts of Congress referred to. il
he perhaps proper thai the officers of til
STATE named should be directed to give in
W. formation and to use all lawful means to in
ny sure favorable result when claim and al
- rest are made, Your committee therefore
,. do not recommend The repeal of the SAID "
-. sections. The 81 section they deem init
'e' mately connected with the 9th and 9Th sec
zee tons, and liable 20 the same objections, an
he accordingly they propose 10 amend said bi
by inseting after the word " cotton, ant
and before the word -" five the wor
80 three" and also by striking out the wor
'p- "section" Immediately before the word "s'A.
or Your committee, after as fll an cxamin
;,h alton OF the subject as circumstances woul
II" hermit. have come TO the conclusion tina
The 5th and 9th sections of said act are i
OF d;,cct conflict with the paramount laws {
eco the TnitcJ states II not in terms, at lea.
in ,Le;r nrac,;cal consequences. Shout
'rs Tho nrov;s;ons therein contained be apple
a and made e1ectual in any case in which tn
ne. proper officers of the United States shoui
m. have in custody n rerson claimed as fugi
live from the service of some person
NY whom. by the laws of the State whence L
he NAV have fed. such service was due, tn
ne two jurisdiction, would be at once antngor
nv istical. and nothing out superior force coul