The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1851-05-28
Judge Prentiss on the Fugitive Slave
Law and the Habeas Corpus act of
our last Legislature.


The U. S. Circuit Court commenced
its May session at Windsor, on Wednes-
day ast-Ion. SAMUEL PRENTIss pre-
siding.
We find in the last Windsor Journ0I
the closing portion of Judge PRrNTIss's
charge to the Jury. The Journal says ::
Although the fugitive slave &c, Of Con-
gress, and the habeas corpus act of the
Vermont Legislature, are not distinctly
stated, co nomine, yet his remarks were
made solely in reference to them, as we
happen To know" They leave no room
To doubt that Judge PRENrIss comedies
fully in the general views entertained of
those acts by Judge PmELrs, and sus.
tanned by "A great majority OF the papers
Of this State. Below is the extract in
question:
Very extraordinary doctrines have re-
Gently been put forth to the public. touch
ing the duty and obligation OF obedience TO
law. These doctrines are new, and are
strangely at variance with the principles W.
have heretofore been taught to respect and
TO take as our guide. They inculcate insub-
on linaiion and lawless disc edience and
those who teach them, whether they are con-
scious Of il or NOT. are enemies 10 public or
der and the public peace and welfare. III
this country, under oar free representative
systems Of government, obedience TO the or
dinances of law has hitherto been considered
an unques;ionable and imperative duty and
it is very certain that il must continue to be
80 considered. if we would maintain our civ
! il Institutions. and live in the secure enjoy
ment of our po, sessions. For without law.
and law to be obeyed or disobeyed at the
option OF any and every one, is as no law +,
We have no protection for life, liberty OF
/ property.
" As citizens under the General Govern
men', our rights and duties, our obligations
! and responsibilities. are measured and regu
lated by the Constitution and the laws pas
scd in pursuance Of il; aud so far irs con
4 Germs our mere civil relations and duties rs
such ciiizcrs, or any question arising out OF
these relations and duties, there is no higher
law.
When a law, authorized by the Cons.-
tuition, has been duly enacted, il is obliga.
tory and binding upon all; and it is imna-
ieiial whether il had the appreciation and
assent of more or less of the representatives
from our own particular section of the I'm.
ion, or whether it was passed by a greater
or less maj 'riiy. An act passed by a major
iiy OF one in each House of Congress, aud
approved by the Executive, is as legally and
constitutionally binding as if passed by H
unanimous vote in both Houses. 1t is the
| law OF the land in the one case as much as il
would be in the oher, and has the same
force and effect, as rule of conduct, in all
parts of the Union The will of the major
ity expressed in constitutional government,
is the law for all
/ Considerations OF expedency, policy. or
Justice, or any other considerations belong.
ing 10 the subject, may be urged against the
, enactment of Il law. or after its enactment
may be urged in favor of its repeal. But
these considerations cannot be urged as rea
sons for refusing submission and obedience
10 the law while il exists much less to jus
tify disobedience and open resistance.
There can be but one question raised as to
the validity and binding force of law afi or
its enactment, and that is its constitutional
nv. but AhiS 10 NuNFhoh W I've iltNiuth
settled, no; by every individual citizen. or
collective body OF citizens according to his
or their own will or sense of right, but by
the proper Judicial tribunals; and TO these
tribunals the appeal MAY and should be-
male in regular and peaceable way
These are the old established, constitutional
doctrines; aud any doctrines adverse to
these are unconstitutional and disorganizng
--subversiye not only of the just authority
of Law. but of the essential principles OF free
representative government.
" The true. constitutional doctrines on
this subject admit, 10 The fullest extent, both
the right OF opinion and the freedom of dis
cussion. The merits Of every law may be
freely expressed for or against il. But it
must be remembered, that il is one Thing TO
disapprove of law Of the general govern
ment and seek hy constitutional means to
procure its modification or repeal, and quite
another thing to oppose Or encourage resis-
lance to it, or under tho forms OF local legis-
laion to array the State authorities against
its execution.
Every act of Congress passed pursuanl
and in conformity to the constitution, is. by
that instrument, declared TO be the supreme
law Of the land, anything in the constitution
or laws Of any State TO the contrary 1o,.
: wiihsianding. Of course, every State en-
acinient which authorizes any interference
with o. obstruction to such general para
mount law, beng in conflict with il, Is mop
craliye and void. This is principle essen
tial 10 tho existence Of the national govern
= ment; and il may be affirmed with truth
and state il oerasse il is matter of thu
highest moment that il is only under the op
craiion Of this principle, and by faithful