Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1854-08-25

grcnt outrage If the Governor Of New York
should schd an "iHecr here and carry off any
person, however criminal he may have been
in that State. In the case above quoted,
Judge Mclean says worry Justly, that n estate
may protect II slave against all the world.
cxCcnt the clam Of HE master" He saws.
" lie is answearublc under the laws for hie
acts, and may claim their protcrtion.' In
the question, whether the pcr.JH claimed is
Il slave or not. the State has al interest and
in any proceeding involving the decision of
tnat question. it ought to bc made Il party.
Ir he docs not owe allegiance to the master.
he does, while he makes his domicil in the
State, owe allegiance to the State. The
State has right to require his services But
according to the Fugitive Slave Law, if the
Governor of the State should attempt to in
terposc, and claim the person seized as one
owing allegiance to the state. and entitled to
its protection, he would be regarded as an
intruder.
There is one provision in the Fugitive
Slave Law, which we cannot regard as only
subversive of every principle Of Justice, hut
rs maniicstly unconstitutional. 1t provides
that the claimant may O. before any Court
of Record, or judge in vacation, and make
proof # the escape and the owing Of service
or Labor; wheroup"n record is made Of the
matters proved, and IA general description of
person alleged to have escaped and Il trans
rript Of such record made out and attrstcd
by the Clerk, with the seal of the Court be-
ing exhibited to the Judge or to the Commits
sioncr, must be toLn ond h,H to be conclu-
siye evidence Of the feet Of escape. and that
service or labor is due to the party mentioned
in the record. Nos the Constitution pro-
yidcs that the judicial power shall be
vested in certain Courts. 1t has always been
held to be unconstitutional for the Legisn-
ture to exercise judicial powers. But here
the Legislature undertakes to control the
action of the Judge or Commissioner. The
record is declared to be evdehce, showing OF
course that it is to he weighed by the tricr,
and yet he has no Judgment to exercise IN
the case. He might as well be Il mere auto
naton. Courts can decide that certain
evidence e conclusive, upon the ground that
it is, in it's nature, more to be relied on than
any other. But this evidence is not of that
character. 1t would be held by any Court,
NJ not binding at all on the party, in drci-
ding the question of his right to freedom, IS
lie would have had no day in Court. II the
Legislature can bind the conscience and CON
troll the opinion Of judicial tribunal. Courts
may as well be dispensed with, as they
would merely play the part of puppets in the
hands of others. If such Il record is in all
cases to be held to be conclusive, it would
follow that if claimant should by tnlsehoOd
or fraud obtain such Il record in South Caro-
lima regarding freeborn inhabitant Of Con-
nccticut, and this could be proved by the
clearcst evidence, the Judge or Commissioner
would he bound to reject all such evidence
and order the poor victim to be delivered up
We cannot sec how. according to that law, ii
the record described the individual. so that
there could be no mistake as to his identity
it would be competent for the Judge or
Commissioner to allow the person seized or
the authorities of the State to show that the
person claimed never was out of the State in
mis- life.
As the General Government had manifested
such u disregard for the rights of the States
md Of the citizens Of the States, it was high
time for the State Governments to take the
| matter into their own hands, and to pass
| laws for the Defense of Liberty. AS citizens
If Connecticut, we are proud of her for
onving set the example and established II pre-
CpIcut.