Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1851-09-18

cute It's own laws, aud determine all ques-
tons growing out of them. Those States
have therefore proceeding by petition, by
which any person held in servtude may
claim his freedom and have TRIAL by Jury.
The provision Of the constitution goes
upon the suppoSltion that the fugitive can
have far trial upon the question of free
dom where he belongs 1t thus far pro-
vIdes that he shall be surrendered upon de-
mand, leaving it to the law of his own state
to dispose of him The act of Congress
authorizes the Judge to do this, and when
It IS done the decision has spent its force.
Upon trial of the question of freedom in
the state where the parties belong, the GER
iihcate Of the Judge under the act Of Com
gress would not afford the slightest evidence
that the party was a slave, nor would II be
admissible as evidence at all Is not the
case then analogous to the surrender of
iugillye from justice, which we have seen is
mere preliminary enquiry and does It not
stand IN legal and constitutional light up
on the same footlngl la this view of the
subject, the spirit Of the constitution is as
well satisfied by the ultimate trial by Jury
IN one case as IN the other
II the trial by jury were allowed under
the act of Congress, the verdict would be,
as 1t ought to be, conclusive upon the ques-
ton, aud then the laws of one state, aud
The relation between It's people, would be
taken out of its own hands to be admins
tered aud enforced elsewhere
am aware that, such is the feeling on
thIs subject in the Free States, the people
are reluctant to trust the question IN the
hands OF the tribunals of the slavehoIding
states. They imagine that there is liule
chance for freedom there, aud would prefer
that the subject should be passed upon by Il
jury of the free states. Unfortunately, there
Is as much dlstrust on one side as the 9TH
er, aud the people of the south are as loath
to trust Us as We them. Whether the dis
trust be well or Ill founded 1t Is not neces-
sary TO enquire. The question is, can we
clam constitutional right to take upon
ourselves the administration of their laws
and the regulation of the relative rights OF
their people whenever one party may choose
to abscond aud come among us-and can
not Congress cOnstltutlonally remand the
abscOndlng party for a final trial to the
place of his domicil Does the fact that
one party absconds and comes among US SO
draw after II jurisdiction over the other par
ty, aud the relation between them, that the
first cannot be surrendered until we have
settled concluslyely the relation between
them, as IT shall subslst in the place of their
domlcll to the exclusion of the local luris-
dlctlon! lfnot. then clearly eau Congress
carry out the provision of the Constitution.
40 such manner will preserve the luris-
dlclion OF the state over its own people. Upon
the whole, have never entertained doubt
/ OF the constitutlonalty of the act of Con-
gress, whatever may be It's defects, nor of
the obligation OF every citizen To obey 1t
until 1t shall be regularly repealed
In regard to the Habeas Corpus act of
our own legislature, have had occasion
more than once to express decided opin-
ION. During the last session of Congress,
an article appeared in the National Intelh-
gencer under the signature of a Vermonter,
which was afterwards reprinted IN the I'm
ION, and IN the latter attributed To me, ia
which the act IN question was most pointed
ly condemned Shortly afterwards letter
was addressed by me to Mr. Scgar, of the
legislature of Virginia, IN answer to let
ter of enquiry from him, which also found
T lis way into those papers, and both commu-
T nlcatIons were published IN some of the pa
pers IN this state. Those who have read
those articles can entertain no doubt as 10
my views on the subject The provision
Tor the reclamation OF iugltives must be car
rled out by Congress. There IS no mode
of compelling the States 10 legislate on the
subject and If the matter were left to them
the provision would be nugatory Equally
rIqar - a that AZ no Ia,
such manner as To override or control
the acts of Congress, the power Of that
body Is nugalory The decision of the Su-
preme Court of the United States IN the
case OF Pug vs.. Pennsy lyauii is explicit on
this point. Although there was a diil, renee
OF opinion among the judges, TO the pow.
+ er of the states To legslate in aid OF the act
al Congress, yet they were unanimous m
the opinion that any stale legislation which
CONES ia conflict with law OF Congres,
Is unconstitutional and void This decls
p ION admits OF no question, unless It can be
assumed that the state legislature have the
. power 10 repeal the Constitution. Consld
, erlng this point 10 be settled, The only re-
manning question Is, wnelhei The act of oul
, legislature does conflict with the Law o
Congress And tins point Is IN my ludg
ment too clear to call foi argument. Tn,
act of Congress provides for SUMMARY
hearing before the magistr,ite, aud prov de-
! further that the certificate wien granted
shall he a sufficient authority 10 remove III,
fugitive, aud that II shall not be intefiereC
with by any writ of habeas corpus or other
wise The state law provides Tor habea
corpus to carry the matter before the stat,
tribunals, for an appeal to the county court
| a trial by Jury, aud the release of the tugi
tive on bail. Now, unless he eau be restor
= ed absolutely to the custody of the master
4 IA conformity with the act of Congress, an'
e al the same time sci at liberty on baIl unde
1 the state act, the two must come IN conf lci
y By one act the decision of the magistrate
) Is made conclusive, by the other Itis SET a
side and the matter opened for future adju
- dIcation. The State act moreover, take
: the subject out of the hands of the u.
a luoge, aud suspends, not only his proceed
a ings, but his jurisdiction also The radica
E objection to the act of aur legislature, Il
i short, is tins: Having themselves no powe
: or rightfnl control over the subject, the!
: have attempted to lake II out of The hand
e of the judicial authorities OF the UnlIe'