Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1858-03-18
Rights Of Persons Claimed as Fugitive
Slaves -

Rights Of Persons Claimed as Fugitive
Slaves"
EDIroR FREEMAN since writing my COM
munication in your paper of Feb. 25th, | have
[re-examined our Statute under the above head
ing. 1t is remarkable specimen of legislation,
worthy of study. First it prohibits the seizure
and imprisonment of any person claimed as a
fugitive slave, under penalty of not over II
thousand dollars fine, or imprisonment not
over five years. Then it removes the prohibit
ton and penalty from certain Federal officers
within the State and from all persons acting
under their authority, thus an open door is
kept for any member of persons to be employed
at the biddingof the stakeholder. In case of a
slave arrest the States attorney of the coun-
ty is required to undertake his defense and en-
doavor to procure his discharge. The method
Of proceeding is by the Habeas corpus writ.
jury trial is secured to the slave. But,
though tho Statute starts with the apparent
purpose of protecting the rights of persons
claimed us fugitive slaves, yet. when it comes
to jury, the rights are missing, and the jury
have only to decide whether the person arrested
is guilty or not guilty of slavery. Is this
the end of his jury privilege? By no means.
He may, at the cost of the State, have justsuch
q privilege again by appeal to the County Court,
" on furnishing such bail and within such time,
as the judge granting the writ, on hearing the
case, shall adjudge to be reasonable and prop
err" Itmay be presumed that this bail is in
tended to secare the Shareholder, since no NOR
tai can imagine for what otherpurposo it should
be regarded. OF course, " reasonable and prop
er bail y would be no less than the marke val
ue of the slave. By the way, would not this
matter of bail be more than an Offset for all
that merits ridiculo and contempt" in Mr..
Ncedham's Bill, without considering the gen.
eral hopelessness of a slaves furnishing bail
If we delight in 8. ridicule and contempt" we
need not go to the legislation of cur Puritan
fathers for subject.
The principle of our law, If law it may be
called, is this; Rights must be protected, when
ever they can be consistently with the highest
dignity and sacrcdness of government but gov
eminent must not be violated for the sake Of
rights. Just as if government did not desire
all its dignity and sacredness from the fact Of
its having rights under its protection and from
it's establishing justice. We see in our statute
an Intellectual struggle of the spirit of liberty
against despotism, of right against outr4ga
and of intelligence against superstition. Fol
the notion that wicked enactments must b,
oboycd till repealed, is a mere superstition
worthy only of weak minds. And yet do W,
not see strong minds under its power? Thi
superstition, and dread of "collision will
the Federal Government led one of the oppo
nents of Mr.. Nccdham's Bill in the Legislature
to repudiate the higher law and thus pub
licly proclaim his conviction that right is no
the proper end of government and that lcgisla
tors arc not bound to conform to it. lsa,
this because would not do injustice to the in
telligencc of that member of the legislature, b,
presuming, he did not understand the identit,
of the higher law with right.
To conclude, think we are not liable to b
over-run with slaves escaping here in preference
to all the rest of the world for the sake of ;
Jury trial. IrHAMER SMITH
EDIroR FnEEMaN aopean article sent to 20,
headed Rights of persons claimed as. tugitir
s'aues will be published. But in view of a com
munication of IN. in the Freeman of March
1lth, desire to add postscript. lie thinks
ought not to be satisfied with such q Liberty Bill
as was introduced into our late legislature.
can assure him that the passage of that Bill
would not have satisfied me by any means. re
gard that Bill as an advance towards right
which might possibly havelcd to something bet
ter. But | would prefer q consistent an(
sweeping Reputation of the Fugitive Slave Ac
as unconstitutional and wicked. What " NJ,
says ought to demand do demand. Let ou
legislation be in harmony with right at an,
rate. Our existing statute is in " direct con
hict both with right and with the Fedora
Government. 1t is u selfcrossing self-con
demning, Drawing, ainching thing authorizing
what it brands as crime. 1t makes the STATE
aresp,ctarof persons and worshiper Of Fed
eral dignity, by allowing men in Federal oiic
to commit freely crime for which other
would be liable to confinement five years in tn
State prison. But l respect your admonitiol
to be " brief" ITHAMAR SMITH.