The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1851-04-16

SENATE CHAMBER, Jan. l3, 1851.


THE LETT En-.
SENATE CHAMBER, Jan. 13, 1851.
Hon. Josrru SEoAR,
Dear Sir Il have the honor 10 ncknowl-
edge the receipt Of your letter. dated Rich
mond, and addressed TO my colleague and
m, self, containing an inquiry in relation to
the recent act OF the LEGISLATURE Of Ner-
mont, Which has been the subject of such
general remark throughout the country.
hesitate not TO say, in the most uneqnv-
o,al manner, (and in this l have the con-
currence of my colleague in The Senate, and
believe that of the entire delegation of
Vcrmont,) that the act referred TO does not
"cmbody The deliberate sense of the people
of Vermont" ! may add with truth, that it
does not in my opinion, cmhodv the delib-
crate sentiment ofthe legislative body OF the
State. The act was hurried through the
Legislature at the close of the session, in the
absence of many members, without discus
sion or explanation of its character and ef
iect, and, have reason to believe, in utter
ignorance on the part Of many members who
were present of its Objectionable features
Such was the haste attending the passage Of
the act, that the frs; inima,ion to the pub
lie that such measure was in contemplation
was through the publication of the law itself
That publication produced general surprise,
and, among men Of reflection, almost univer-
sal and very deep regret. The act i, disap-
proved by tho almost entire press, anil |
doub, not, by vast majority of the people
of the State. 1t certainly was received by
her delegation in Congress with sentiments
of regret and deep notification, as in1icting
stain upon the high character Of her pco-
pie for patriotism, attachment to the Union,
and submission to constitutional authority ;
and as falsiying the professions and pledges
SO boldly and confidently made during re-
cent exciting discussions by her delegation
on the floor Of Congress. The law has been
The subject of general discussion by the press
of that State, and with one or two exceptions,
has received from tina, source the most point
cd reprobation, have seen but one or two
attempts to vindcaic it. Perhaps the cour-
trsy due to the source from which those ef-
forts are supposed 10 proceed, forbid the en-
f preston that they may be characterized a
weak but that they will fail 10 satisfy the
people Of The Stalc Of the proprey and con-
stitutionality of the act OF her Legislature,
most confidently predict
No attempt has been made, OF will be
made, TO sustain the right of the State 10 O.
verridc, modify, Or annul an act of Congress
by State legislation. The only attempt tc
; vindicatc the law which has fallen under m,
, observation, consists in the effort to rcconcil,
the law of the State with the act of Congress
commonly called the fugitive lava task Sc
. hopeless in my judgment, that whoever at
templs il will very soon Gnd it most conven
+ lent and most agreeable TO relinquish it.
{ there be at this moment any difference of o
T. pinon among the people Of that State IS II
t the merits of The State law, it is upon thi
i point. Those, if such there be, who can dis
>, cover no conflict between it and the act c
II Congress, will of course discover no consti
d tulional impediment to the exercise Of legis
c alive discretion by the State Legislature
G but let the point be once settled that the la'
If is repugnant 10 and irrccon cilabc with th
act Of Congress- and ] pledge myself thu
II there is not one out of ten voters in thi
u State, including the whole population, VIII
e would stand by the State law for moment
/ That they will discover the utter incompa
; biliiy Of the TWO laws. have no doubt The
d are an intelligent, as well as n patriotic pee
pie. and will not fail TO perceive that, unlcs
C they can cndow dark skin with the powc
y of ubquily, 81 us 10 surrender fugitive |
N the claimant, TO be removed to the Stat
e whence he fed, in conformity with the az
IL Of Congress and at the same time retain hil
a. as free man under their protection, for fu
l. ,her investigation, and with view to h
le future discharge as such, the two acts car
J. not be carried out without conflict.
III 1t is my deliberate opinion that this la
ie will share the fate of other acts of hasly an
,e mprovident legislation, of which the histol
id of State legislation is full. Afew years sint
n. siriiff law was enacted by the Legislatu
ir Of Vermont. but IL conformity with the d
csion of the Supreme Court, in the case
u Prigg VS.. Pennsylvania, was very readi
If repealed. Such, am confident, will be Il
e. fate Of this law when another Legislaiu
os shall meet.
m ! found this opinion upon the inlelligen,
-, of the people of that State, which will n
"a fail 10 perceive that their Law is, in cons
h, tuonal point of view, utterly indefensibl
nj and upon their hahitual regard for law al
he order, and attachment TO the Consttuti,
and the Union. These characteristics
d. that people are by no means temporary, G
. casional, or transilory, They are as perm
nent as the Puritan character, and the ia
press which that character has fixed up,
the institutions, the policy, and the deslil
La of this country. The most prominent :,
ture in The policy of the original settlers
New Enelsnd was the rigid and stringe
enforcement of law and legal au,horit
Of With the present generation, submission
legal authority is principle founded In q