North Carolina standard., 1851-11-01
VERMONT.


al trust that YOU WILL in all your dehberat'ons
bear in mind that legislators are not only respon
sible to their constituents but are also subject 10
higher law. and higher power, and unless they Zee
4 and act under of this sub]echon, the oaIns
which they take at the commencement OF their Po
Gtical service would be but mockery. 10 De Jus'
and fear not and to act in subjection to this power
Is the duty of every person whatever and legisla-
tors and rulers cannot exempt themselves from tins
obligation. should consider myself very unht to
take upon me the duties of the office to winch |
have been elected if did not feel that the oath
have taken laid me under obligation to discharge
the duties of it in the fear OF Him, before whom
the nations are as a drop in the bucket, and are
counted as the small dustin the balance" and who
taketh up the isles as avery little thing" 1t is
with unpleasant feelings have witnessed that sub
lection to this law has been made subject OF re-
proach or ridicue OF that listening to the dictates
of conscience, and seeking its direction, should be
treated as fanatcism or an exploded idea of bygone
times. The laws of our Maker, and the teachings
of an enlightened conscience instruct rulers to do
no Injustice and all to be submissive and obedient
to lawful authority, and cannot be made pretext
for oppression of resistance to the requirements
of law. This principle is so general, that deem
it almost idle and superfiuous to mention 1t. The
people of this State better acquainted with their
rights and duties than is supposed by many. They
entertain no idea that they absolved from obe-
dience to law because it does not conform to their
views and wishes. This latter sentiment, have no
reason to believe pervades any considerable portion
of our fellow citizens and mention it with view
to assert my disbelief of any such sentiment ex-
isting among many of the citizens of this State,
and not to controvert or show its falacy.
If it were practicable it would be desirable that
every act of legislative body should be accompa-
MED with such evidences of its necessity and utility
as to ensure a ready acquiescence IN the Propnety
and wisdom of its provisions, and thus commend
itself to the hearts and affections of the people,
and not require the coercive power of government
to enforce it. But as obedience and submission
must be yelled to the supremacy of the laws, and
resort to compulsory measures must be had, If
necessary, to ensure this obedience, it is incumbent
on legislative body to consult the general good,
and not unnecessarily sacrifice the interest of one
portion of the community to that OF the other, nor
wantonly injure the feelings and views of one, to
concilate and crafty those of another. When
there is this conflict of interest and opinion, the
voice of the majority must prevail.
In a republican government, having written
constitution, there two tests to which all legs
lative acts must be submitted. One is public opin-
ion and the other is the provisions of that consti
tuition The former may compel repeal or alter
alton of any acts or laws passed by any legislature,
and the latter will try their validity. To the for
nation of a correct public sentiment, and to in
speaking and publishing the sentiments and views
of every individual. The merits of public men
and measures must be subject to be discussed free
ly, in order to obtain that remedy, if any is
sary, which the representatives of the people in
their legislative capacity alone give. Every at
tempt to repress this liberty of speech and of the
press, and to silence inquiry into the propriety
or wisdom of public men and measures, whether by
law the exercise of patronage, by appeals to the
naSSiOnS the fears tho aVarica ambition Of in
dividuas, must be futile and vain, and can obtain
permanent favor of the thinking and intelligent
citizens of the United States. For myself, can
adopt the language of an eminent individual, that
"to speak my mind and act as my conscience die
tates, are two branches of liberty which can never
part with" am sure the people of this country
will never consent to part with this liberty, howev-
er much it may be desired by some, to avoid scru
tiny of the acts and merits of themselves and 9TH
ers; and no dangeris is to be apprehended from the
abuse of this liberty, while men are under the su-
perintendance and supervision of the law, and
amenable to public justice.
To the other test all legislative acts are also sub
ject and it is the province of the judiciary depart
ment to determine, when the law and the constitu-
ton are antagonisic, that the former must yield,
and the latter prevail This power of the judiciary
was formerly denied, but is not doubted at this
day. 1t is the right and privilege of any one, af-
ected by any act of the Legislature in his person or
property, to bring the act to the consideration of
the judicial tribunals who will pronounce it valid
or void, as it conforms to conflicts with the fun
damental law. In order to ensure confidence in
judicial decision this delicate and difficult sub
jec the citizen should feel that he can present his
views that he will be heard with patience, and not
be embarrassed by any previous expression of opin-
ion, not required uncalled for, and extra judicial
and not decision of the question submitted No
or State, should be discouraged from
sorting to this mode of trying the validity of any
legislative act
L need not speak to you of our attachment to
the Union, or reverence for the constitution or
our unwayering obedience to all its requirements.
A recurrence to history will show, that we volun-
tarlly and unhesitatngly 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 for any impor-
tant alteration III its provisions, and have manifes-
ted no wish to disturb the ratio of representation
nor have we joined with Others in acts or measur-
es which might be considered as tending to a vio-
ahon OF or resistance to- its authority. We make
no loud and vociferous professions of attachment
TO the constitution, as such professions sometimes
Indicate that there may have been reason to doubt
That attachment, and uncalled for profession of
alth and reverence for the Union and constitution
might imply that we had heretofore been WANTING
in that reverence.
Allegiance to the government of the United
states depends not upon will we cannot, while
we ENJOY its protection absolve ourselves nor can
any state or any combination of states. absolye us
from that allegiance. And should any state. or
any number Of inhabitants within any other Geo
graphical limits, attempt it, the laws of the United