Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1855-08-10

MLSSkN EDITORS - notice with surprise in the
Middcbury Register, the following article as clito.
rial.
! "ffLlol7ors.-A Jealous advocate of Mr. War.
Hri oItcuon to the HenatUrship makes remark.
ABLY "ell-tlncd alusiun to the celebrated "habea+
corpus act of this state, in urging the claim, of
/ Ms candidate. II so happens that Mr. Warner wa
member OF the House. the year that act wa
passed but-'ery chdracter-ticaly-d nj ro,e on
inc question at all The intmat ion that the editor
OF thls paper subsequently, voted TO rJ,i that act
though We learn it has been extensively circulated
is without foundation in fact"
Now whether Mr., Warner, who represented the
town of Middlcbury in 1850. voted for the Y,b,a,
/ to1n" i''' which was passed that year, or not, |
cannot state, a that bill pa sod the House with but
little opposition and the Senate with nonc and the
yeas and nays not taken on the bill in either
house
The other part Of the editor 'ertiun viz "tLat
the ntimaton that the editor Of that paper, (Nir.
BHrretD subsequently voted to ,ey,ql that act, j.,
without foundation in fact" may DO true ia tho
"t" but, nevertheless, it is i,smfcol and falls, in
'prt.
The 18th section Of the liabcus Corpus Act If
$500, provides, substantially, that when person,
claimed aS fugitive slave, is bruusht before
judge, III vacation, habcas corpus, and shall not
term of the County Court in the County where such
hearing was had, furnishing such bail as the
judge may order.
The 9th section provides that, in the County Court
the person claimed arrested as a fugitive slave
SHALL on application Of either PARTY. have n Jury
trial on all questions Of fact in issue between the
parties in the matter; that whether the person
SO claimed i, fugitive stare or not, as II question
of fact, may be tried by jury.
In lN'l, Mr.. Barrett represented the town of
Middlobury in the legislature, and carly in the
session, bill to rp,ti these sections was intro
duccd read twice and referred to tho Judiciary
Committee. majority of that committee reported
III favor of the passage OF the bill ON the question
't1H he MI !. 'ugo,s,oi a,d rcli N. fIuI timc.
Mr. barrett advocated the passage Of the bill in II
solemn and earnest manner, contendins that these
sections conilicted with tho Fugitive Slave Law Of
$50, and were unconstitutional and in the close
OF his speech he reminded tho members IF the
House Of the oath they had taken on taking their
seats as members of the house, and appealed to their
oonSccncos in relation TO the votes they were about
to give. On tho question the yeas and nays were
taken, and Mr.. Barrett voted with the minority
60 in alD in favor Of tho TART r,r3,ur Of bill re-.
Corpus Act of $3.50, Against the repeal there were
lj5 The journal If the House of 1851. show. hi.
vote to have been as have stated ; and. as to tho
speech made by him on that occs sion. state from
my own recollection. sat in the lobby Of the
House and heard the speech with no little surprise
Mr., Barrett did not vote to repeal the whole act
of 1880. There was no such proposition before the
House. But he jl vote for the repeal Of the Sec
tions which gave it force aud power to protect such
of our inhabitants as migh be claimed a. fugitive
slaves, by securing to them trial by jury.
FRANkLIN
The Ipgenn" CiH,cn says that Mr.
Warner asserts positively that he d,d vote
for the Habcas Corpus act passed in 1850
and that other members of that General As.
scmhly confirm Mr. Warmers assertion,
p 5, The Middlcbury Register of the Sth
inst, insists that Mr., Warner, of Middle
bury, was out of the House, and did net
vote either way on the passage of the llabcas
Corpus act of 1880 and that all assertions
to the contrary are founded lin deceptive re-
collection or fllschool "
On the question of Mr. Barrctt's vote in
1851, it ddmits that Mr. Barrett voted for
" amending the law 1.-THE llabeas Corpus Act
of lsj0l by the removal of the two useless |
but obnoxious sections" viz, sect. and &.
" 1t seemed to us, il 4lys, matter of little /
practical consequent and " they were not
Il vital ruItiln ol r.r bill :" According ~
the Register, " the 81 section contains a
vital part of the hilI' and that section Mr. .