The Rutland herald. [volume] (Rutland, Vt.) 1850-1852, 1851-10-16

subjects Of ,,s provisions had no oth,r wa,
i,ns to scguicscr AMI had no, The means Q,
ability 10 try sho validity Of an. nets Ipi'sc'
',y oongr SIS, o. any question ct cvns'ta-
tioosl construction. ] am not insenslbis
that Others. whn>e opinion. are Of ye'! h'gh
authority, have ia,rcht views. Those VINO
think congress arc under any oo"sf'f"honaf
4, obligation. BY the article referred TO. 10 Gu
&C. law. 10 carry the same into effect. may
I've justified in passing this law. and viii
! ,r,j,,tly have TO resort IT, other measures
more stringent and N c,usl
Z Thosc Of the representatives and senators
in congress vino neither voted !or the law
in question. nor proposed any a''era'an'
| or amendments have 10 rcascn TO l'cllc,",
had any such views 81 constitutional duty
or obligation. Blu. have no wish what
ever either to d.cuss, agi.a,c. censure, OF
approve the law in question, aud will only
.dd that il is 10 reason with me, either to
withdraw my confidence from any admin
.sifaiion, or any mon who think differently,
or Ia withhold i, hereafter, ii they wc'c
honest AMI upright in their convictions OF
duty. ln,ninity, or perfect coincidence
{ opinion. il not TO lie expected III any
Legislative body. Oh every question before
diem. either OF obituary Legislation. or Of
constitutional rights Or duties. Nor can !
hesitate 10 express my appreciation OF the
executive, in carrying into effect, either TINS
or any other la" passed agreeable to the
forms Of the con .li,u.ion. Indeed il would
b. all anomaly, and u dcrclction Of duty
for any executive to refuse or neglect to
execute q law, which has passed the lcgis-
la.urc, aud received his official sanction.
II is not, however, matter OF much i'm
p,rtanc, what may be my opinion in rtla-
tion to the law in question. 1t is sufficient
on this oc .;sion to say. that Of the cons;i-
tu'ionali,y of the net, both in the whole,
anil in its particular provisions, very great
doubt. hay, been entertained. The Pres-
dent OF the United States withheld his ap-
probation, until he had obtained the opin-
on Of the Attorney General. Others, not
convinced hy that opinion. still continue i'll
the belief thai congress had assumed powers
not lc.e;,atcd to them, aud had disregard
ell ,n2 principles Of civil liberty, and the
constitution.
One branch Of th, Legislature Of this
state, without any apparent dissent, had
pronounced the act violation of the
principles of civil liberty and the constitu-
ton, and set forth the reasons for such an
opinion. The other declared their disap-
probation of the act, aud urged its repeal,
Or such notifications as would protect the
rights Of our own citizens, thereby imply
ing that those rights might be in danger.
NJ. having any reason to doubt they were
sincere in the belief Of these opinions tx-
pressed lly them, the passing the law in
relation to the writ Of haLcas corpus, and
extending its provisions to persons claimed
as fugitive slaves. cannot be made subject
of reproach The law Of this state is pro-
badly the first act Of any Legislature, de-
signed to give the person claimed as fugi-
tive from service, the way and the means
of having his claim to freedom established
by judicial tribunal, and proferng the
pr, fessional aid of the states attorney, to
defend him from any unlawful seizure, not
warranted by the law aud the constitution.
OF the necessity, propriety, or expcliency
Of such au avl, \. Is not for me to decide.
Never having heard that such an act was
in contemplation, until the evening it pas
sed, | nevertheless examined its provisions,
aud though had doubts Of its necessity or
cxpcdicncy, had none Of its constitution
ality, and gave it my approval.
AS early as the year l1SG, this state
found it necessary to provide against free
persons being transported out Of this state,
and sold as slaves, and our permanent laws
make such practices highly penal: l can
see no good reason why an inquiry may
not be had, on the return of writ of ha-
beas corpus, whether person is arrested
or imprisoned by aw)M authority, or is
about to be sent out Of the state without
such authority. Instances have not been
wanting. where persons have assumed to
act as commissioners without any authority,
and where, in summary manner, they
have taken jurisdiction over person not u
fugitive, and not subject to their jurisdic-
ton or authority. The habcas corpus act
passed by the legislature, Of this state, in
the year 1914, met with the same objcc-
ton and opposition as the act of the last
legislature, and yet no attempt Was made
to procure its repeal, and its provisions
have since been Incorporated into the con-
stituton of this state.
1t is not, with me, among the objection
able provisions Of the act of our Legislature,
that it provides for carrying the subject, BY
appeal, to the courts of law, where, from
the decision of the highest courts Of this
state. writ Of error will lie to the supreme
cou.; of the United States, nor would it
have been objection ,blc if they had made
the writ returnablc. in the first instance, TO
the supreme court of the state. 1t is dc
ulared by the constitution Of this state, tina
the writ of habeas corpus shall in no case
be suspended; it shall be issuabc of right,
'anl the General Assembly shall make
provision to render it a speedy, and efyec.
.''ual remedy, in all cases proper therefor"
1t protects the citizen from all unlawful
imprisonment, and il matters not how Oh