Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1851-09-18
Letter from Hon. S. s. Phelps.
MpDLreuRY, Aug. 4, 1851

ogy for the delay IN answering your letter
of the 10th ult. other than Ill health and a
Discrimination to effort, the usual conse-
queuce.
My views in regard to the constitutional
ity and validity of the recent act of Con-
gress commonly called the Fugltve Slave
law, and Of the act of the Legislature of
Vermont Of the last session, denomlnated
tire Habeas Corpus act, had supposed were
well known, at least to all who had the least
desire to know what these views are. have
no objection to repeating the opinion which
| have often publicly and openly expressed
both at home and at Washington, aud
should have expressed on the floor OF the
Senate had the subject been made d topic
Of discussion there But the decided re-
puguance felt by large majority oi that
BODY, whose views harmoulzed IA that par
ucular With my own, to revive a subject
of angry aud Improbable discussion, for
bade that | should lead Tie way in opening
the i1ud-gdIes OF debnc.
o. the consututio4anN oi tue sct %
Cons cess dllpde1 o., never entertained
douuI Il is bus ,te ecao 81 zoe c3nstnuon
itself /, may oe mod,h u, aud m.l re-
qIrc Ha dihcauun Iu some patlea 49,. out
these notifications lac uH.Iu.tur lsal, I'D
legislative discreet. "a, aud d ahrreDc, oi
opWi ~ relation 10 them liiccts al zoe
question of Cuisiitutluuulu} it NDula b-
diiicuit To carry out the provision of the
constitution without law substantially like
Tie Que ~ quesdon. he mann purpose of
Tue Ct, Toe Surrender Of the lu-itvr, is de-
maudrd 10y lie constitution Itself; the mode
auo manner Is let to legislative provisions.
II there be anything objectionable 40 that
manner, the remedy Is by appeal TO ieglsla-
tive discretlou, not by resistance to the
law
1t appears to me that we have but one al
ternative, either to carry oui the law or re-
pudlate the constitution The Injustice of
surrenderug the fugitive, II there DE any,
originates IN the constitution, aud not IN
the law. So conscious are It's most violent
opposers of this, that every blow aimed by
them at the law falls upon the constitution,
that they are driven either to denounce the
constitution itself, or to the sophIslry of
higher law which shall override and abro-
gate it, This law is to be found as they
hold, in the breast or Conscience of every
individual, and is to be what his own pecu-
liar mode of thought, bias of education,
prejudice or passion may choose to make
it. A great absurdty cannot well be con-
celyed than protested government of laws,
ia which the obligation, force and efficacy
of the Jaw depend upon each mans consci-
ence, or what he may imagine or profess to
be It's dictates, aud be at the same time the
/ keeper of that conscience. Should such Il
principle be found at the root Of our nstl-
tutions, it is much to be feared that the
thousand opinions, Uhim-whamS and iSmS,
revolutionary aud disorgdnlZng, IN morals,
religion, aud politics, which characterize
tins age of restlessness and progress, will
not only make strange smpwreck OF our IN
stltulons, but will solve at once the great
problem of the capacity of man for sell-gOy-
eminent. Socialism, Fanny rghtlsm,
Mormonsm, nay Intdehty itself, Will rise,
each upon the wings OF It's own conscience
to lllumlne and govern the world, One
may lay the axe al the root of private pro-
perry aud throw all into a common stock
another may sever aud oblierdte The domes-
tic relations aud herd Us like the beasts of
the stall a thrd may reduce men to
the most ablect spiritual slavery and TOO hisn
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