Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1838-03-06


81 hs,red Of tyranny, nil, med. VotJ s4'u
rally. Wheasvcr an sproal was made to ,acso noble
principles. Thus II happened thni they acre ecrv
easily led to take deep interest, " %, active
part. IN those struggles. Ab.iracicdy tsktn hr
would do nohine to ehcck ~ 10 discourage tho,
holy ptioe pic to cSiitHush he bright .pa,k cf
liberty which burns in tho heart Of every true a.
uerlcan citizen. Yet something. he mus, rcnen.
her. was due TO national right and national obliga
ton; and for tho preservation of these. too be
weud DO every thing possible; bot he insisted
upon 1t hist that should bn according to tho we'll
established principle. Of law.
He deemed tho. bill inelhcicn, 10 answer tic
end II pro'cs,e. to reach. WIS, did il propose
TO dot To give to United States marshsls. 5cpu.
~ morshas. and other officers power 10 seize
without procces Of law or any other limitation
than Their own individual discretion. any vessel or
vehicle. suspectcd of being used for the putcAse
nj bearing ntms or munitions of war into the con.
termnous country, 10 nd ~ lie civil contests, md
tn deinin them un'i satisfactory surety should be
given that they should not be used. Suppose the
officer in nhuln this extraordinary power was vcs.
led 10 have exercised his discrriian nd. 10 eve.
cu'on OF This power, to have seized the property
OF n citizen; what does ihs latter dol The bond,
nrc Fixed; II may 10 assumed, fairly Gxcd tho
surety Is found. and the pnriy proceeds on hi. wor
v,
very face and eyes Of the officers Of Government.
Who il to prevent ihis1 Nothing in this law
gives any power of prevention To nny body
WHIST becomes Of the bond II i. in the bands
vS enc Of these officers perhaps it may. BIZ good
fortune, have been put into the hands e Disrirr
Attorney, IIcw i. he 10 know whether tho obi.
cation has been .i"laleG--ihe bond broken -
How Is he to prove that these arms or munitions
I of war, or Whatever else had been seized md given
up upon The bond, have been used in the manner
designated Does hie Jurisdiction extend 10 tho
only place where these facts can be a.ceriained--
! beyond the linel
There is another objection 20 the bill. Il vcsrn
| dangerous and unusual powers in the officer. Of
Government. This feature wns one " hcb s,amp.
edthe bill n, anconsiuiionalpn and against the whole
/ policy at our laws, II gives 10 the Executive
vast discretionary powers, unparalleled by nug
ever proposed before 10 he veotcd in TINT branch
of the Government. The officer is not only en-
powered 10 seize, but TO hold the articles dcscra-
ted. Who is 10 Judge Of their vaiu-1 for it ia
npor an estimate Of their vnuc lhni The terms Of
/ the bond are 10 be predcnied. Thr same indi,id.
/ nal who seizes .hrm And he mny Fix Tint value
/ ni nothing 80 us to expedite the passage of the
| person whose property has been seized on, of tho
country or no mny make so exorbiiant as 10
% oppressive, and To opounf to forfeiture Of The
WHOLE W hat was to prevent any one Of these
""'''s ''"" stopping cizen riding IN his car
'''gc "P"" 'hp' ""h''er-ay"' IN This very city
and saying, 81 arrest this carriage as vehicle con
template" oy ms OIL + The presumption is, TINT
,"e o"cet VIII d" but he simple duty; but the
NV '"f""s strong temptation in tia way o.! the
"''Ine, =" q" ",n'f"se'
/ p"' ms o'Il proposes not only vinlalon Of
pn'a'e t'gh'F, hnt gro-s violation Of tho Consli.
mimi by II my "lhcer may seize the arms Of
"'"'"''' NJ o'Tcre'Ioh; and tins IN derogaton ON
tig"t expressly guaranteed to The CITIZEN by the
I'ner OF The Constitution.
! Again the Constitution guarantees TO the ci,,.
zen perfect fred"'n from arrest without dne pro.
cess 81 law. See the 4lh amendment or the
''"s'"'''on'I And this bill proposes TO vest ~
. "'t"fy power IN the hands of United S,nt.s off.
GERS T." violate this sncred right. nlso. For, ore
n", 'ne seizure and de,ainiug Of arms md the
"",""g ,nem over to give bonds for their use vic.
'n',"hS o. 'he most manifest chsfscter Of these
'emF' coma not b" d""sed.
J By Tins bill, nurpovpr ibera tu,s No n.hl;,- II