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

and other governments, who have reflected
iniurously on the legislation Of this state
are not entitled to this charitable construction
of their motives or acts. We are not bound
to consult their Whistles, or conform to their
views; when WE lcgislate for ourselves. 1t
is no time for them to complain until we vic,
late their rights.
These remarks nre elected from a con.
sideration of the law of the congress Of
the United Statos on The subject of rngi>
lives from labor. aud the act Of legislature
Of this state, relating the writ of habeas
corpus. and fihe view taken them BY otis
ers. Of The former, have no disposition
10 enter inio auy discussion, and shall not
spcake ol il in The language Of repronch
and certainly not appreciation. early
learned. in The resolutions Of the general
assembly Of this state in the year 1899, in
answer 10 certain resolutions transmitted 10
them by the state Of Virginia, that ali be-
longs not to the state legislature to decide
on the conrlituiionai,y W laws made hy
the general government, thut power being
exclusively vested in the judiciary courts Of
the Union j. aud from. HAT yenr to the
present time, have never seen any greai
practical good from passing resolutions on
subjects not Immediately connected with
legislation, MS Tie representatives. and SON
a'ors arc usually snlncle"'iy acquainted
with the wishes and feeling OF their cor ali,
lucnts, without tho MD OF resolutions aud
insinrctons.
may remark for myself Individually. that
Whatever o.hcr powers congress may possess,
IN order TO insure domestic tranquility and
promote We general welfare 10 warrant the
passing oil ihc law IN question, l have not
been ablc 10 hnd II IN that clause OF the con
Illution' IN relation To lngrivcs from labor,
and have rather coInciled with the Opinions
ol learned ch"neol'or OF New orr, and OF
lnugo oil the supreme court OF the United
States ana OF some OF the distinguished
statesmen OIL 'hat portion OF the Union VINO
are the most sensitive on inns SUBJECT mat no
legislation by congress was authorized or re-
qn'reu' bn' upon inns MS upon All othor
slnlIlar su'Jec's, nave onueaVoicd 10 con-
icrm my own views TO judicial dc'isiohs,ron-
| sl1ering all decisions OF tho supreme coart,
upon point direc''y IN ISSUE MS hnal ana
| conclusive though | have not yielded The
same authority TO the reasons which they
may express for coming TO such decisions,
which are frequently given by the way Of Il.
lus'ralion or explanation only. should
have much preferred to see the authority in
congress maintained from the words oil the
constitution, and not from coiemporaneonf
history which have never been able TO lind
and from acquiescehce, when those who
were the subjects oil us provisions had nc
other way but 10 acqulesce' and had not the
means or ability to try the validity OF any
acts passed by congress, on any question Oh
| constitutional construction. am not insen'
sible that others, whose opinions are OF very
high authority, have different views. Those
who think congress are under any coRshtu'
fondt o6dgdttOn, by The article referred to
10 enact laws to carry the same INTO effect
may be justified IN passing this law, and vii
| probably have to resort TO other measure
more stringent and eiieeiual.
hose oil the representatives ana senator
IN congress who neither voted Tor the law i
question: nor proposed any alterations or
mendmcn's, have no reason to believe, hat
any such views oil constitutional duty or ohil
ga'ion. But have no wish whatever eithe
10 uiscuss' aeita'e' cen'ure, or approve I'M
law IN question, ana WEI only ada tha' II
no reason win me- elmer 10 wihufaw M.
commence from my administrator, or an
men VINO 'nihk u'ieteh',y' or 10 "'hholu
nereaiter II they were hohest ana uprigh
III 'heir CONVICTIONS OF GUY. Onanimiy' o
per'ec, concurrence OF oP'hion' is nov 70
expected IN any 'esis'a'iVe oody, on ever
question before 'hem' e''her OF Ordinary ies
isiation, or OF constitutional rish's o. duties
NOT can l hes'a'e 10 express my hppropa
'o1 oil me executive IN carrying mo ehec
e''net this or any o'her law passed. agreeao!
10 me forms oil Tue constitution; lnheeu
"ouiu De an anomaly ana dcreNcuon
ou'y' Tor any executive 10 refuse OF mcgee
70 execute law, which mas passed me iegl.
iMure, and received lis eiiicisl sanction
Is not, however matter OF much impoT
lance what may be my opinion IN relation
the law IN question IL IS sufficient on TN
occasion to say that OF the conslitullonalii
OF the act, both IN the WHOLE and IN ITS p'i
ucuiar provisions, very great doubts nav
been entertained. Inc President. oil VI
United States Withheld his appreciation, un
III lie had oo,aihcd inc OPINION oil the AZ
torney General. Others, not convinced b
That opinion. SIM continue III the Oel'ei 'ht
congress had assumed powers not delegate
10 Them, anu mad disregafded Inc prlnclpi'
oil ci'Il liberty, and The constitution.
Ono branch OF The legislature OF inns SAT-
"i'hou' any apparent nlscen'' hau p,'
honnccd The act violation oil the princ,pl'
OF ci'll liberty and the constitution, and 8
iorih the reasons Tor such an op'nion. IN
other declared their disapprobauon OF The &C
ami urged It's repeal or SUN notifications
would pro'ee' the rlgh's oil our own ci'lSrn
thereby lmplyln; that those rights m'ght !
IN danger. Not having any reason to dou'
they were sincere IN the belief OF these oPiI
IONS expressed by them, the passing the la
IN relation to the writ OF habea9 corpus all
extending rs provisions to persons ctdime