Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1845-10-16


BY resolution of the General Assembly, pas.
sed at the last session, it made the duty of the
Governor TO request the delivery by the General
Government, of "lhe four brass cannon, taken by
the Green Mountain Boys, from the British at Ben
nington, on the 10th of August w." and TO cause
The same when received, TO be deposited in the
State House. In obedience to the requirement Of
this resolution, addressed the Secretary of War
on the 2lst of January last, requesting the deliv-
cry of the cannon. TO this received reply, da-
ted the goth Of February, saying that, should the
guns referred 10, be found in the possession of the
ordnance corps, they among the other trophies
OF the war of the revolution, and held as public
property of the United States;' and suggesting an
application to Congress for an order for their dev-
cry.
In reply to subsequent communication from me,
asking that enquiry might be made. for the pur-
pose of ascertanng the number of the cannon a-
ken ct Bennington, then in the possession of the
United States, and their location received letter
from the Secretary of War, covering a report from
the Ordnance department, by which it appeared
that there were, at the United States arsenal at
Washington two brass guns, reported three poun-
ders, and marked "taken from the Germans ut
Bennington, August Ii, 1777;'' and that "no 9TH
er trophies captured on that occasion, are known
TO be in the possession OF the government" Copies
OF this correspondence, numbered from | to nclu-
sve, are herewith communicated TO each branch
of the General Assembly.
An application to Congress being thus rendered
necessary, | recommend such further action as
shall be deemed appropriate to effect the applica
ton, and render i. available
The necessity Of more eflectun provision for
preventing the evils resulting from the practice of
taking unlawful interest, induces me again to in
vlte to it the attention Of the General Assembly.
Our laws have long prohibited the taking Of int
crest above the rate Of six per centum per annum.
a.. Al.
and continuance of the prohibition, obviously urge
its enforcement Indeed it is urged by the addi-
tiona consideration that habual mpuniiy to the
violation Of any law, tends TO weaken the force Of
all law.
If the law is 10 remain on the statute book, it
should not be left without adequate provision tor its
enforcement No such provision now exists. The
only remedy is by an action for money had and
received, goods sold and delivered, for the re-
covery of the interest received unlawuy to be sus-
tanned by common law evidence Of Its payment
a process which experience has abundantly shown,
can very rarely be made available To leave the
enforcement of SO important right to the chance
discovery Of testimony to u transaction, which,
from its very nature is guarded with the profound
est secrecy, is but a mockery Of justice
submit whether some provision should not be
made, which shall give remedy, better suited to
The nature of the case-a remedy which shall find
its of enforcement in an appeal in some form,
TO The conscience of the receiver of unlawful inte-
rest.
Our connection with the Federal Union, whose
power reaches, and deeply affects our interests,
makes it our right and our duty, frequently to
view its legislation, and subject its policy present
and prospective, TO examination. This duty has
never been more imperative than at the present mo-
nent, not only account of the great Importance
Of the questions in issue before the country, but
from consideration of the obvious and increasing
To a course of Federal administration,
wholly partizan in lis character, and so bent on
curing sectional escendancy, or minlsterng to pur-
poses of political ambition, as to lose sight, too Of
Ten, of the Just limits Of constitutional power.
Since the last session of the General Assembly,
an important step has been taken towards the an
nexotion of 'as-fUreign government to our Confed-
eracy. Thishas been done by the adoption Of a
Joint resolution by Congress, declaring Its consent
that " the territory properly included in, and right
fully belonging to, the republic of Texas, may be
erected into new State in order that the same
may be ADMITTED as one OF the States Of this Union"
This consent is declared 10 be given upon the con-
dtion that the constitution to be formed by the peo-
PIE Of Texas, shall be transmitted to the President
of the United States to be laid before Congress
for its fna action, before the first Of January"
next, and with provision, among others, that 'new
States of convenient sze and having sufficient pop
uaton may, BY the consent of said State, be for
mission under the provisions of the Federal Consti-
tuition"
TO this resolution there was added another, to
the effect that if the President should deem it most
instead of submitting the foregoing reso
luton to the Republic of Texas, overture for
to negotiate with that Republic, then
that the admiss ion might be efecl ed either by ,rea-
Iy, to be submitted 10 the Senate, by articles to
be submit ted to the two Houses of Congress, as
the President might direct.
Upon the passage of these resolutions, the Pres
ldent proceeded 10 act upon the hrs and forthwith
submitted it to Texas an overture Tor Its adnls-
sion. Upon the receipt OF the overture, conven-
ton was called, which has formed constitution,
which has been submitted to the people of Texas
for their action on The 18th of the present month.
1t will probably be ratified, and submitted to the
Congress of the United States at lis next session,
for the approval, which is an indispensable Prere-
luisite to admission into the Union.
The question Of annexation being thus an open
question, the States may, with view to It's hnal
decision, well in reference to their duty, upon
possible consummation of the measure, properly
subject it to the ordeal Of severe scrutiny. deem,
therefore, no apology necessary for inviting to it
YOUR particular attention. nor for the expression of
nv conviction that Vermont should firmly resist ev
9ry advance towards the contamination Of meas
are, so utterly subverslve of her rights mem
Der of the existing Coniederacy.
egarded, or treated, as an ordinary violation of
he Constitution, for which there may be con
itutonal remedy in the interpositon OF the judicial
power. No judicial power can e6eciuaiB reach the
case. Let the deed be done-the foreign State adj
nlIted, and its Senators and Representatives be
actually IN Congress, and, practically, decision of
he Supreme Court would be poweresS. The truth
s, the measure is essentially revolutionary. 1t
s fraud upon the Constitution, and utterly sub
'ersiye of Exchanging essentially, our domestic
Federal relations, and creating new union, of
which neither the present Constitution, nor mutual
confidence will constitute the bond union whose
'nly bond will be, the apprehended evils of actual
eparaliou since it is impossible that confidence
n affection can exist where there Is an abiding
ense of fragrant injustice aud usurpation
Much has been said in regard TO the "compromi-
les Of the Constitution" in favor OF Slavery and so
sensitive are the South on this subject-so tena-
ous of the concessions wrung from the North, as
he price of the Union, that the buro proposal,