Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1851-01-09


IN which 1t was resolved unanimously that
they could not be brbed for five dollars to
conslgn freeman to perpetual bondage !
This shows an exalted state of moral feeling
highly creditable to those who participated
in the meeting. Bot it might be we'll for
them under the same high moral sense to
instruct their representative to the leglsla-
ture to reform our criminal code in this re-
spect.
Under our laws, as they have stood for
seventeen years have been citizen Of the
state, IN all criminal cases, on the preimi-
nary examination before the magistrates,
and in all the higher courts, if the prisoner
be convicted, the Witnesses and Jurors, and
all the officers are entitled to their full bills
of cost; but If he be acquitted, none of
them receive a cent. la order to difiuse
the same high moral sense throughout the
whole community, would it not be well at
their meeting to pass another resolution
that they would not be brbed by the fees
and costs Of suit in any case, either as wit
nesses, jurors, magistrates, or in any other
capacity, to consgn. an innocent man to
dismal cell in the penitentiary, or expose
him to an lgnominious death upon the gall
lows p! Such resolution might do good
IN denotlng the character of our citizens
abroad, at the same time that it would in
spire implicit confidence in the iberaity,
observation-disclosures, and conscientiousness Of
those who adopted 1t.
4 gentleman rose and called the atten-
ton of Mr. Douglass to the provision vest
ing the appointment Of the commissioners
under 1t IN the courts oflaw, instead of the
president and senate, and asked Il that was
not violation OF the provision Of the con-
stitutIon which says that the Judges of the
supreme courts aud of the inferior courts
should be appointed by the president and
senate
thank the gentleman, said Mr.. d., for
calling my attention to this point 1t was
made IN the speech of distinguished law
yer last night, and evidently produced great
efiect.upon The minds of the audience. Tie
gentlemans high professional standing, TAX
en- IN connection with his faborious prepar-
alton for tie occasion. as was apparent TO
all from his lengthy written brief before
him while speaking, inspired implicit conf
dence IA the correctness Of his position.
My answer TO the objection will be found
in the constitution ITSELF which will read
The president shall nominate, and by
and with the consent of the senate, !. shall
appoint ambassadors other public ministers
aud consuls, Judges of the supreme court,
aud all other officers OF the United States,
where the appointments are rot herein 9TH
erwise provided for, and which shall be es-
lablshed by law"
! Now, 1t will be seen that the words, Gin
! (.
sutulion. The gentleman in his zeal
aguins' the law, aud his frenzy 81 resist it,
lnterPolated these words. and then made a
plausible argument against them. trust
this was uninientlonal, or was done with
the view Of fulfilling the "higher law
But there is another sentence in the sane
clause Of the constitution which have not
yet read 1t is as follows
But the congress may by law vest the
appointment, of such interior officers as they
think proper ia the president alone, in the
courts of TAR, or IN the heads of depart
ments"
What is meant by "nferior officers"
whose appointment may be vested IN " the
courts Of iao," will be seen by reference to
the constitution, where the powers of con-
I =
the following; "ro constitute tribunals
inferior 10 the Supreme court" Is the tri-
bunal which is to carry this act into effect
inferior to the supreme court Of the United
States That is the only question, and
leave those who preach resistance to the
law 10 answer 1t. | will remark, however.
that these commissioners are not appointed
under the law, but under an act of congress
which has stood on the statute books for ma
ny years Ii those who denounced aud mis-
represented this law had ever read it before
they attempted to enlighten the people upon
1t, they would have saved themselves the
modification OF exposure, as | will show by
reading the first section.
SEC. 1. BE it enacted, &c. That per-
sons who have been or may hereafter be, ap-
pointed commissioners in virtue of any act of
congress, by the circuit courts of the United
States, and who IN consequence of such APP
poIntments, are authorized to exercise the
powers that a justice of the peace or other
magistrate of any of the United States may
exercise IN respect TO offenders for any
crime or offence against the United States,
by arresung, impr'sonlng, or baillng the
same under and by virtue of the thirty-third
section Of the act Oi the 24th OF September,
, seventeen hundred aud eighly-nine, entitled,
= An act to establish Judicial courts of the
United States shall be and are hereby au-
5 thorized aud required TO exercise aud dis
: charge all the powers and duties conferred
by tins act
r Thus II will be seen that these commits
! soners have been in office for years, with
t their duties prescribed by law, nearly all Of
: which were of a Judicial character, aud that
this new law only imposes additional duties
' upon them and authorizes the increase OF the
, number. Why has not this grave constItu-
tiona question been discovered before, and
A the people informed how their rights have
, been outraged ia violation of the supreme
; law of the land Truly, the passage of the
fugitive bill has thrown flood OF light upon
' constitutional principles.
5 A gentleman rose aud said that he would
d like to ask another question, which was this
\ If the new Law was similar TO the old one
what was the necessity of passing any at all
a since the old one was still IA force
: Mr. Douglass, IN reply, said, that is the
t very question | was ANXIOUS some one
! should PROFOUND, because was desirous o
An oDDpriuuty of answering It, HE ole