The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1851-10-15


OF its provisions, and thus commend itself to
the hearts and affections of the people, and
not require the cocrcvc power OF govern
ment TO enforce il. But as obedience and
submission must be yielded to the supremacy
of the laws, and resort TO compulsory
measures must he had, il necessary, 10 en-
sure this obedience, it is incumbent on leg
islaiive hody to consult the general good,
and not unnecessarily sacrifice the interest Of
one portion Of the community TO that of the
other. nor wantony injufe the feelings and
views Of one, TO conciate and CRAFTY those
of another. When there is this conflict Of
interest and opinion, the voice Of the mas
jnri,y mus. prevail
In republican government, having a
written constitution, there are two tests to
which all legislative acts must be submitted.
Oue is public opinion, and the other is the
provisions Of tia, constitution. The former
| may compel repeal or alteration Of any
| ncts or laws passed by any legislature, ard
the latter will try their validity. To the for
| nation Of correct public sentiment, and to
| innuenre it, the utmost latitude must be al
lowed Of speaking and publishing the scnl-
mcnls and views of every individual The
| merits of public men and measures must be
subject TO be discussed freely in order to OBJ
tain that remedy, if any is necessary, which
the representatives Of the people in their
| legislative capacity can alono give. Every
attempt to reprcss this liberty of speech and
of the press, and to silence an inquiry into
the propficty or wisdom of public men and
measures, whether BY law or the exercise of
atronags, by appeals TO the passions, the
fears, the avarce or ambition Of individuals,
must lie futile and vain, and can obtan no
permanent favor of the thinking and inlcli-
gent citizens Of The United States. For
myself, can adopt the language Of ar emil
nent individual, that "to speak my mind
and act as my conscience dictates, arc two
branches of liberty which can never part
with" | am sure the people of this coun.
try will never consent to part with this lib
erty, however much it may be desired by
some, to avoid a scrutiny of the acts and
merits of themselves and others; and no
danger is 10 be apprchcnded from the abuse
Of this liberty, while men are under the SUI
perinien1ence and supervision Of the law
and amenabe to public justice.
To the other test all legislative acts are
also subject and it is the province Of the ju
dietary department to determine, when the
law and the constitution are antagnnisiic, that
the former must yield, and the latter prevail
| hlN poNCi VI WIS
denied but is not doubted at thi. day. 1t is
the right and privilege Of any one, affected
by an act of the Legislature in his person or
property, to bring the act 10 the considern-
lion Of tho judicial tribunals, who will pro-
nounce i valid or void as it conforms 10 or
conflicts with the fundamental law. In order
to ensure confidence in n judicial decision on
this delicate and difficult subject, the citizen
/ eHnnll f,aI HAT In lie ,iat..e
that he will be heard with patience, and not
be embarrassed by any previous expression
OF opinion, not required uncaled for, and
extra judicial. and not a decision OF the ques.
ton submitted. No individual, or state,
should be discouraged from resorling to this
mode Of trying the validity OF any legisla-
live act.
need not speak TO you OF our attachment
10 the Union, or our reverence for tho con-
stitution, or our unwavering obedience 10 all
its requirements. A recurrence 10 our his
tory will show, that We voluntarily and I'M
he.iratingly sought admission into the Union,
and ratified and confirmed its constitution,
and have never, even when invited by those
in whom we placed confidence, asked Tor O ny
important alteration in lis provisions, and
have manifested no wish to disturb the ratio
of representation nor have we joined with
ohors, in any acts or measures whlsh might
be considered as tending TO a violation of, OF
resistance to, its authority. We make nc
loud and vociierous professions of attachment
ID the constitution, as such professions some
times indicate tina, there NAV have been rca
SOD 10 doubt that attachment, and an uncall
ed for profession OF faith and reverence fol-
the Union and contribution, might imply thai
we had bertofore been wanting in that rev.
| ereDce.
Allegiance TO the government of the Uni
ted States depends not upon oar will we
cannot. while we enjoy its protection, absolv'
ourselves, nor can any state, or any conlb
nation of states, absJlve us from that ale
glance. And should any state, or any mum
Der of inhabitants within any other geo
graphical limits, attempt it, the laws OF tn,
United States aud its constitution would still
be in force within their territory and woult
only be rendered Intellectual by the want o
ability and power, in the authorities Of thu
Union, 10 enforce obedience. | have ne
reason to doubt but that the necessary powel
would be found, and the aid afforded, Il
compel submission to law and authority
For this reason have regarded, perhaps toe
lightly, all threats OF dissolution Of tht
Union as futile, and have noticed with sur
prise, in the resolutions of public bodies, anC
IN executive messages, declaration or ever
an intimatfon, that adherence to acts OF
measures of congress, is to he the condition
Of their fidelity to the Union, MS thougl
this allegiance depended upon their will ant
pleasure alone.
] hope that the cry Of danger to the I'm
ion, like The cry of danger to the Church il
the country oil our ancestors, in other times
is not to be made the preiext for arbiirar,
aud oppressive measures, or bumiliatng ant
= degrading submission.
} In an excluded territory, like that of III,
United States the different sections will have
different Interests, and legislators will be in
illencsl by their local situations. llenc'
they will Le liable to the imputalion Of bein;
> governed by sectional and not national views
. This was the complaint against those law
which were enacted in favor of pro,ecliy,
: tariff, and which, al one time, came yer,
2 near involving the country in a civil war
| II should be remembered, however, tha
wha, advances the interest Of one section, il
/, a measure dvnnees the interest Of all. Tn
T. proc elton, which has heretofore been ex.
o tended to the manufacturing interest, ha
=, also benefited that OF agriculture and com
e merce. An abandonment of This intcres
g was truly a sectional, and not a naIiona
measure. We ought not 10 look with jeal
i ousy or onvv. on the wealth which may hav
. been accumulated, in consequence Of thi
projection, when il has been 50 literally ex
: pended in works Of usefulness, and benevo
J lencc, extending 10 every part Of this re
e public. We hope that we shall again wit
] ness resort to protective tariff, and tba
c the doctrine of free trade will DO given u
l. as sectional and narrow feeling not adapt
i ed to the wants of the whole Union Sen
A | sii,ln Lnnnunr thnI in nnr nnua rnt.,nni