Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-09-11
THE COMPROMISE MEASURES.

Hon. S S Phelps, late Senator from Vermont, has
written letter 10 Lucius Peck-who declined to be
the Aalgam alton nddae for Governor Of the State
on account of The abolition character of the resolves
of those who nominated him, in answer to one from
the latter, giving his views of the constitutonay OF
the fugitive slave law, and other matters connected
with it, We need not say that Judge Phelps defends
the consulonay OF the act, for his opinions upon it
are we'll KNOWN but he does in a most thorough and
convincing On the "higher law doctrine, and
its con comitans, the Judge has the following pungent
remarks:
at appears to that we have but one alternative
| either to carry out the law or repudiate the Con-
sution. The injustice OF surIendering the fugitive il
there he any, originates In the Consultation and not in
the law So conscious are its most violent opnosers of
this that every blow aimed by them at the law falls up,
on the Constitution and they driven either to de-
! nounce the Constitution itself or to the sophstry o.
higher law which shall override and abiogaie it, This
law is TO be found, they hold in the breast or con-
science oil every individual and it is to be what his own
peculiar mode of thought bias of education prejudice
or passion may choose to make it, greater absufdity
annot well be conceived than protested government
OF laws, in which the Obligation force and eflica-
| cy OF the law depends upon each mans con-
| science, or what he may Imagine or profess to be
| its Dictates and he at the time the keeper OF that
conscience Should such principle be found at the
OF institutions. it is much TO be feared that the
thousand opinions, achiS, lehdns and isms revou-
tics which characterz this age OF resessness and pro-
gress, will not only make strange shipwreck of our
institutions, but will solve at once the great problem
of the capacity OF man for se-government Social
ism, Fanny Wrightsm Mormonsn, nay, Intideljty it.
self will rise, each upon the wings OF Its own
science to illume and govern the world One may Law
the axe at the root Of private property and throw all
into common stock; another may sever and obterste
the domestic relations and herd US like the beasts OF the
STALL third may reduce to the most AFFECT spr-
itual slavery, and rob him of that very conscience
WI ia no off jS iChp |,
will have nothing to do when all this shall have been
accomplished, as mans earthly prospects are already
blasted, but to rob him OF his hopes of eternity OIL
what value is that law which nobody is bound 10 re-
gard unless they choose? What security is it to al
ford it depends upon the conscientious approval OF
each individual, whose standard of obedience-his
conscence-is governed by no rules, is subject to no
control, and defies all judicial investigation? Does not
come this last, that, after all the experiments that
have been made to further the great objects OF human
socation security in life, liberty, and property the only
security shall have for all either, is be found
the free and unrestraned indulgence by fallen OF
his vicious and depraved propensites2
Spacious as the doctrine may seem, this something
called conscience will prove practically the of all
tribunals. lfyou admit DISSATISFACTION n you
must in all. You neither control its operations,
question its dictates, appeal from its decisions
Nay more you cannot question the report which
the keeper OF this oracle may choose to make OF its
sponses. There will be remedy tor error fanati-
c'sn, ioy and passion and no restraint upon evil and
corrupt purposes. 1t is easy 10 perceive that such
doctrine abrogates at all legal authority and that
system OF government upon which such an element
ls ingrailed must be emphaically Government with
out law, iorce, or efficacy"
After disposng of the subject Of the consttuonaiy
OF the law, the Judge turns the habeas corpus
the last Legislature OF Vermont for the pupose of pre-
venting the execution OF the law in that State ofwhich
he says: fthe States can egsate in such
to override control the acts Of Congress the power of
that body is nugatory and exp aims that the act of the
Legislature conflicts with the law OF Congress, adding
"The radical objection to the act of our Legislature
in short, is this Having themselves power right
ful control the subject they have attempted to
take it out Of the hands of the judicial authorities OF
the United States, where it consttutonay belongs
have never yet seen plausible argument in de-
fence Of the act of Legislature. What is said of
the sacred nature of the remedy by habeas corpus
well enough but it must be borne in mind that as this
subject is committed by the Constitution the eoisa
tive and Judicial authority of the United Staes the re-
medy, whether by habeas corpus otherwise must DE
sought there. The right and duty oil State protect
ts citizens, abstract proposition, will not be
questioned but it must be remembered that to all
those matters committed to the car, Of the United
States, they the State. 1t s the duty of the State
to protect the industry OF its citizens but nobody sup
poses that the Legislature OF Vermont can establish
tariff Tor that end"
Senator Phelps says of the sgiIatien which is conn-
ually going in regard to the law, and Of those who
are concerned in it:
"Whoever would wipe away the present laws, and
adjust the matter in away in all respects satisfactory to
all, will find himself engaged in hopeless task 1t
cannot be done. If the present adjustment cannot
stand, venture the prediction that other can be OBJ.
tanned know something Of the difficulties of the
subject and the untavorable temper of the times do
not dese to controversy renewed the floor of
Congress which, fear, has already proceeded too far
for the stability of the Union"
He concludes with expressing his appreciation of the
pursued by Mr.. Peck con recent occasion -
The high judicial and senatorial reputation of Judge
Phelps, acquired during the many years he was on the
Bench of our Supreme Court and Senator in Congress
will justly give great weight to his opinions this sub
iect, not only in Vermont, but in all the Northern
States.