Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1843-02-03
COMMU NICATION.
For the Waterman md Journal.

WV ''"'N"'i""
MEssRs. WALroNs, Having noticed in the
Patriot Of The 2Ist Jany. some comments relative
to the vote given IN the Constitutional Convention,
OH the question of the election OF Judges of the
Supreme Court for II term OF yeas the object of
which appears 10 he TO hold up the proposed n
menduIent MS IA federal measure, peculiarly obnox-
iouS 10 community, aud myself aud Mr.. Paine, OF
kfeId, le'leraIisis Of the deepest dye, for
cur vote on The question. You are therefore re-
quesIed 10 permit the, through the Wachnian, TO
explain.
AT the time my vote was recorded upon the
question alluded to, mad neither ability nor op-
portunity to give my reasons Tor n vote 81 mani
leslly Unpopular. The writer ofthe article in The
Patriot may recollect that the question was called
up after IL tedious days session, and after an adj
juurnlnent had been called ioI,aud was iGrmed.
atey passed upon, when il manifest that no
man would have been pu'ieuty heard, had he been
disposed 10 discuss the question.
As it regards myself Individually, the whole
subject il Il matter Of very little Importance but
having most conclusive reasons TO believe that The
opinions OF several members OF The Convention
were IN iavor OF The adoption of the amendment,
regret that the question was not treated with
little more courtesy in the Convention, rs by that
means delegates who would rea " have preferred
its passage might have had their fears OF being
called federallsts alInyed, and gwen their votes
differently. For myself, am not very sensitive
whether | am called Democrat not; neither
shalt be- So long as the term is used at 1t is,
Tor II must he apparent to every man whose mind
is not SO beclouded 10y parllzan zeal us entirely
10 obscure his mental VISION, that Democratic and
DEMOCRACY are terms assumed 10y all parties, and
applied 10 all measures, aud have become mere
catch words, and as now used mean any thing or
nothing.
In 1912 to 1876 The terms Democro, and FEEDER
al appear to have had definite meaning but us
! was at that lime lad OF some to II years OF
age, and not being (us some olhcrs) born pot-
can, have no very definite notion of which par
~ belonged TO al that time; but applying The
rule us then understood, HE providing for Judges
OF The Supreme Cour to hold their ofice for
term OF years, would, IN my opinion, he a Demo-
cratic measure for ihs tina. il furnishes the
only method Ivy which the rights and even liberty
OF Tie humbest individual in community, fully
guarded against The encrOachments OF an Hrslnc-
racy oi wealth or Influence. IL requires no extra
ordinary iOrce of reasoning 10 show, that in the
neat OF political zenl unconstitutional laws may be
passed, which, II carried into effect, might put in
Jeopardy The rights or lives OF individuals aud
The Supreme Courl, (he last resort of the poor
man, uhaided by influence Or wealthy should be
placed beyond the reach Of party or po.
cal Influence that il may look calmly over The
whole case, aud stay proceedings until hasy or in
cautious legislation may he considered and correc-
ted, without being removed TO make place for 9th
ers' win" might he appointed for the express pur-
pose OF decrccihg tho execution OF The penalty OF
an u'Jusl or unconstitutional law And in this
there can he no danger, for the Judiciary is the
weakest arm OF The government. The judges ate
the mere expOneuls oil the law they cannot en-
force single decree they can at most only in.
lerPose shield between the victim and The law
Tor the time being,-and this power they ought to
possess. Take lof instance a certain law, once in
force in Vermont, prohibiting tho transportation Of
produce within certain distance OF the Province
line; and another, making il n states prison Of
fence for an individual 10 be found driving cattle
within the thirty miles of the line. Might not in
divduals suffer under such Il law unJusl y? II is
fact well known to some at least that slIne Gu
rious cases did arise under the laws have NEIL
toned. One occuis TO mo of an individual,
now resident Of this county, who was sent to The
state prison under that law. The facts in ,he case,
If rightly remember, were ihese;- Mr. Benla-
min Robinson, person without sufficient capital
or enterprise TO snuggs iackniie, was found
some rs miles south OF the line, and 10 miles
south Of the place Of his residence, driving pair
of old stays 10 The north. He was arrested, tried,
found guilty OF driving the stays, and sent to the
state prison, II is true, in thai case, the second