Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1845-10-30

for the recovery of the interest received
unIawlully, to be sustained by common
law evidence of its payment--a process
which experience has abundanlly shown
can very rarely be made available. To-
leave the enforcement of so important a
right to the chance discovery oftestimony
to transaction, which, from its ve.y ma
ture, is guarded with the proloundest Sc
crecy, is but mockery ofjustice.
| submit whether some provision should
not be made, which shall give a remedy,
better suited TO the nature of the case-a
remedy which shall find its means of en-
torccmcnt in an appeal, in some form, to
the conscience Of the receiver of unlawful
interest
Our connection with the Federal Union
whose power reaches, and deeply affects,
our interests, makes it our right and our
tuty, Frequently TO review its Legislation,
and subjects its policy, to present and
prospective, TO examination. This duty
has never been more imperative than at
the present moment, not only on account
OF the great Importance Of the questions
in issues before the country, but from the
consideration ofthe obvious and incrcas~
ing tendency to course of Federal ad-
ministraton, wholly partizan in its char
actcr and so bent on securing sectional
ascendency, or mnistering to purposes of
political ambition, as to loose sight, too
often, Of the just limits of constitutional
power.
Since the last session Of the General
Assembly, an important step has been
taken towards the annexation of a foreign
government to our confederacy. This
has been done by the adoption of a joint
resolution Of Congress, declaring its con-
sent that "lhc territory properly included
in, and rishtfully belonging to, the re-
public Of Texas may be erected into a
new State, in order that the same may
be admitted as one of the States of this
Union" This consent is declared to be
given on the condition that the consltu-
ton to be formed by the people of Texas
shall be transmitted to the President of
the United States "to be laid before con-
gress for its final action, on or before the
first Of January" next, and with provis-
ion, among others, that "new States of
convenient size, and having sufficient
population may by the consent Of said
State, be formed out of the territory
thereof and entitled to admission under
the provisions of the Federal Constitu-
tion."
To this resolution there was added an
other, TO the effect that if the President
should deem it most advisable, instead of
submitting the foregoing resolution to the
Republic Of Texas, as an overture for
admission might be effected, either by
treaty, to be submitted TO the Senate,
or by articles to be submitted 10 the two
Houses Of Congress, as the President
might direct.
Upon the passage of these resolutions,
the President proceeded to act upon the
first, and forthwith submitted it TO Texas,
as an overture for its admission. Upon
the receipt Of the overture, a convention
was called which has formed a constitution
which has been submitted to the people Of
Texas for their action on the 18th Of the
present month. 1t will probably be rati-
fed; and submitted to the Congress of the
United States at its next session, for the
approval, which is an indispensable pre-
requisite to admission into the Union
The question Of annexation, being thus
an open question, the States may, with a
view to It's final decision, as well as in
reference to their duty, upon a possible
consultation of the measure, properly sub
iect It to the ordeal of severe scrutiny. |
deem, therefore, no apology necessary for
inviting to it your particular attention, no.
for the expression OF my conviction that
Vermont should firmly resist every ad-
vance towards the consumation of a meas
ure, so utterly subversive Of her rights as
member ofthe existing Confederacy.
This mcdilated invasion of our rights
is not to be regarded, or treated, as an or
binary violation Of the Constitution, for
which there may be constitutional rem
edy in the interpostion Of the judicial pow
err. No judicial power can cfcctudly
reach the case. Let the deed be done -
the foreign State admitted, and its Sena,
tors and Representatives be actually in
Congress, and practically, descison Of
the Supreme Court would be powerless.
! The truth is, the measure is essential.