Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1851-07-03
Letter from the Hon, L. B. Peck
To the Editor of the Vermont Patriots

SIR From the proceedings Oh INC T"iA
yention, held at Burlington on the %9tn Oh
May last, published in your paper OF I'M. !ne
9Th inst, am apprised that the convention
were pleased to present me to the reerheh
of the State as a candidate Tor governor
A reply to this nomination has been delay
ed for some days under the expectation
that an official communication might be
made to me on the subject; but none hay-
ing been received, | do not think it right,
under existing circumstances, longer to
withhold from the public my determination
to decline the nomination,
| am not insensible to the honor done
me, and the confidence reposed in me by
the convention; but should be little wor-
thy of that honor and confidence, or Of the
respect of my fellow citizens, did remain
silent-permit myself to be voted for. and
thus hold out to the public an approval of
the doctrines and principles of the conven-
ton, as embodied in its resolutions, when
my views and opinions were at variance
with some of them This would be piece
of duplicity for which 10 justification or
apology could be found. However repug-
nant it may be to my feelings to trouble
the community with my opnions-whatev-
er the consequences may be to me person.
ally-having permitted my name to be u.s.
ed in connection with this office on for
mer occasion, feel it due to those with
whom | have acted, as we'll as to myself,
to state the reasons which have impelled
me to the course taken.
Among the series of resolutions passed
by the convention, is found one which de-
clares the recent act Of Congress relating
to fugitives from service, and commonly
denominated the fugitive slave act, uncon-
StitutiOnGt; In this declaration | cannot
concur
The act is assaled upon the ground that
it does not give the right of trial by jury
The act of 1893 was open to the same OBJ.
lection, and yet the Supreme Court Of the
United States in the case Of Prigg v. the
State of Pennsylvania, IS Peters, affirmed
the constitutionality of that law. Several
of the Judges of that court have, on the
circuit, upheld the act in question, and de-
clared it to be valid and consitutionally
passed
One of the most enlightened and liberal
courts of New England, the Supreme Ju-
dicial Court of Massachusetts, on very
recent occasion, affirmed the same doctrine;
and | am not aware that any Judge, on any
occasion, has judiciatty expressed differ
ent opinion. | have heretofore believed
that it was a settled principle with the Peo-
pie of this State, to submit all questions as
to the validity of national or state law, to
the judicial tribunals of the land, and like
good law-abidIDg people to acqulesce in the
the judgments of such tribunals, and to
seek remedy against an obnoxious law, in
case it was sustained by the courts, by its
repeal or modification. Such still believe
to be the sentiment of great majority of
the people. If every man is to Judge for
himself whether law is obligatory, and
each state has the light TO determine wheth-
er an act of Congress is constitutional or
not, there is an end of all law, of all order
and peace. Wh,lo in Congress | had &C.
casion to express similar views, which, it is
believed, then met the general approval OF
thd citizens of this state, and | have seen
no reason to change them. The act in
question having been sustained by frequent
judicial determinations. and believing it free
from all constitutional objections, though
stringent and harsh in many of its provis-
ions, and Objectionable on that ground, yet
do not feel disposed, by any act of mine
to countenance the idea that it is not obi.
gatory upon all, and that it should not be
faithfully and fairly executed while it re-
mains in force.
Nor can | concur with the resolution
which declares that the passage of the ha.
beas corpus act of the Legislature of this
State, was just exercise of the power
of the state to protect its citizens" if thi:
act, in its execution, conflict with the &C
of Congress. In the case of Prigg v. Penn
sylvania, the Court says" A claim to
=" fugitive slave is case arising under the
" constitution Of the United States undeI
the express delegation of judicial power
"gven by that instrument. Congress
then, may call that power into activity, fo
"the very purpose of giving effect to thu
Z" right; and if so, then it may prescribe
the mode and extent to which it shall b,
"applied and how, and under what circum
, " stances, The proceedings shall afford
{ 3" complete protection and guarantee of tn,
Fright" The court here expressly recog
nize the right of Congress to legisate Of
this subject. They then 60 on to say"
1" would seem, upon just principles of coli
" structlon, that legislation of Congress
" if constitutional, must supersede all STATE
Legislation upon the same subject "anC
"by necessary implication prohibit it,
For if congress have a constitutional
"power to regulate particular subject, anc
they do actually regulate it in particular
manner, and in certain form, it cannot
be that the state legislatures have a right
to interfere"
Whether the passage of the habeas cor
pus act was just exercise of power" Oh
the part of the state, rests on the inquiry
whether its provisions conflict with the acr
of congress, as that cannot be lust exer.
else of power, which is ohbited b,
d paramount or h'gh6r law. 10 me il
seems apparent that in the eA ocution Of
these laws there must be a conf CT of pow-
err The act Of Congress pres ribes the
mode of trial when a person is at csted as
fugitive from labor. The act of his state
authorizes the issuing of writ OF habeas
corpus, when person is SO arrested, and
in case he is not discharged by the Judge
who allows the writ, he may appeal to the
county court and then have trial by iurv.
Now this act, in terms, takes the person
claimed from the custody of the United
States officers, and places him before the
state tribunals for the trial of the question,
whether a slave or not, while the act Of
Congress declares that the trial shall be
had before certain officers of the general
government. There is no doubt that per.
son arrested as slave has a riob, 10 tho