Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1851-10-17

tho oninion of Others which all undoubtedly
possess and so far as it evinccs an anxiety to
keep rulers and legislators within the pale OF
constitutional authority, or to protect the nat
ural rights or liberties of man, or to procure
the repeal or modification Of any law, whether
of the State or general government, 1t cannot
be subject Of ccnsure, but merits appreciation.
Those belonging to other States, and other
governments, who have reflected injuriously
on the legislation of this State, are not cnti-
tied to this charitable construction of their mo-
tives or acts. We are not bound to consult
their wishes or conform to their views when
we lcgislate for ourselves 1t is no time Tor
them to complain, until we violate their rights
These remarks are elected from consider
alton of the laws of the congress OF the I'M
ted States on the subject of iugtNcs from
labor and the act of the legislature OF tins
State, relating to the writ of habeas corpus,
and of the view taken OF them by others vi
the former, have no disposition to enter INTO
any discussion, and shall rot speak OF 1t IN the
language of rcproach, and ccrlrinLy not OF APP
probation. ] early learned, in the resolutions
of the general assembly of this State IN the
year l799 in answer to certain resolutions
transmitted to them by the State OF virginia
that it belongs not to the State Legislature TO
decide on the constitutionality OF laws made
DV Inc general governments, lllhl Ip"Oi pCi''E
exclusively vested in the judiciary courts OF
the Union :" and from that year to the present
time. have never seen any great practical
good from passing resolutions on subjects not
immediately connected with legislation, as the
representatives and senators are usually suh-
cientlv acquainted with the wishes and feelings
of their constituents without the aid OF reSo.
lutons and Instructions.
may remark for myself individually, that
whatever other powers congress may possess,
in order to insure domestic tranquility and pros
mote the general welfare, to warrant the pas
sing of the law in question, have not been
able to find it in that clause of the constitution.
i'll relation to fuglvcs from labor, and have
rather conceded with the opinions ct learned
chancellor of New York. and OF Judge of the
supreme court of the United States, and of
some of the distinguished statesmen Of that por-
ton of the Union who are the most sensitive on
this subject, that no legislation by congress
was authorized or required. But upon this, as
upon all other similar subjects, have endeav-
CURED to conform my own views to Judicial do
cisons, considering all decisions Gtthe supreme
court. upon point directly in issue, as final
and conclusive, though have not yielded the
same authority to the reasons Which they may
express for coming to such decisions, which
are frequently given by the way OF illustration
or explanation only. should have much pre-
tcrrcd to see the authority in congress main
tanned from the words Of tie constitution, and
not from cotcmporaneous history, which have
never been able to find and from acquiescence,
when those who were the subjects of its pro
visions had no other way but to acquicSce. and
had not the means or ability to try the validity
of any acts passed by congress, on any ques
ton of constitutional construction. | am not
40, HAT, nj,
very high authority, have different views
Those who think congress are under any con-
-stiutiOnai ALLEGATION, by the article referred to.
to enact laws to carry the same into effect, may
be justified in passing this law, and will proba-
blv have to resort to other measures more slrn-
gent and ctfectual.
Those of the representatives and senators IN
congress who neither voted for the law IN qGcs-
ton. nor proposed any alterations or amend
y7ents, have ne reason to believe, had any
such views OF constitutional duty or obligation.
But | have no wish whatever either to discuss.
agtate, censure, or approve the law in cues
tion, and will only add that 1t is no reason
with me, either to withdraw my confidence
from any administration, or any men who think
differently or to withhold it hereafter if they
were honest and upright in their convictions Of
duty. Unanimity, or a perfect coincidence Of
=
tive bedy, OF every question before them, either
oi Ordinary legislation, or of constitutional
rights or duties. Nor can hesitate to express
my appreciation of the executive. in carrying
into effect, either this or any other law passed
agreeable to the forms OF the constitution. In
deed 1t would be an anomaly, and dlreIlcton
of duty, for any executive 10 refuse or neglect
to execute a law, which has pass I'd the leglS1-
ture and received his official sanction. 1t Is
not, however. a matter of much importance
what may be my opinion in relation to the law
in question. 1t is sufficient on this occasion
to say, that of the enthusiastically OF the act,
both IN the whole, and III It's particular provS-
ions, very grea. doubts have been entertained.
The President of the United States withheld
MS appreciation, until he had obtained the opn-
ION of the Attorney General. Others, not con-
WINGED by that opuoR, sthl continue in the be-
lief that congress had assumed powers not del
egated to them, and had disregarded the prin-
ciples of civil liberty, and the constitution.
One branch of the legislature of this state,
without any apparent dissent, had pronounced
the act violation of the principles of civil lib
erty and the constitution, and set forth the rea-
sons for such an opinion The other declared
their dsapprobation of the act, and urged It's
repeal, or such notifications would protect
the rights of our own citizens thereby implying
that those rights might be in danger. Not
having any reason to doubt they were sincere
in the belief Of these opinions expressed by
them, the passing the law in relation to the
writ of hlbeas corpus, and extending its pro
visions to persons CLAIMED as fugitive slaves,
cannot be made subject of rcproach. The
law of this state is probably the first act of any
Legislature, designed to give the person claimed
as fugitive from service, the way and the
means Of having his claim to freedom estab-
lisded by Judicial tribunal, and profcring the
professional aid of the states attorney, to de-
fend him from any upla wful seizure, not war
rantcd by the law and the constitution. OF the
necessity, proprety, or expedlency of such an
act, it is not for me to decide. Never hlving
heard that such an act was in contemplation,
until the evening it passed, nevertheless ex-
amlned its provisions, and though had doubts
of its necessity or expedicncy, ! had none Of It's
constituuonalty, and gave 1t my approval.
As early as the year l7S6, this state found II
necessary to provide against free persons being
transported out Of this state, and sold as slaves
and our permanent laws make such practices
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