Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1851-05-29
OBEDIENCE TOLAw.

1
The Windsor Journal furnishes the concluding
portion of the charge of JupeE PRrsrrss, deliv-
cred at the May Term of the U. S. Circuit and
! District Court at Windsor, and assures the pub
lie thus:
/ "Alihouph the fugitive slave act Of Congress
and hsbeas corpus act of the Vermont LegIsla
ture. are not distinctly stated, go nomne, yet the
remarks were made solely in reference to them
as we happen to know"
| 1t was exceedingly kind and considerate in
the Journal TO notify the public that Judge Prem
tiss really directed his remarks to the habeas cor
pus act but in spite of this gude-board. ian ap-
pliance needed by nobody less than Judge Prem
tiss HIMSELF we venture 10 suggest that there is
not one word in the part quoted which bears in
the slightest degree upon the habeas corpus act,
as we have interpreted and defended the act, and
1--WE will add as its author also inerprets and de-
tends it. On the other hand, we are pleased to
see that Judge Prentiss gives no countenance to
those misguided politicians who would muz-
ze the public Journals, suppress free discussion,
and strip Congress of its power to repeal or a.
mend the fugitive slave law. We like the lber-
ty which the charge fully recognizes the obedi-
ence TO law which il incucates and the right
and duty, which is expressly maintained, Of APP
pealing to the proper tribunals, in regular and
peaceful way, for the settlement Of the grand
quesiion--what is the law. In short, there is not
a word, in the Journals extract, which we would
care to see botted out. Here it is:
Judge Prentiss, in closing his charge to the
Jury, said
Very extraordinary doctrines have recently
been put forth to the public, touching the duty
and obligation of obedience TO law. These doc
trines are new, and are strangely Mt variance
with the principles we have heretofore been
taught to respect and to take az our guide
They inculcate characterization and awless dis
obedience; and those who teach them whether
they are conscious Of 1t or not, are enemies to
public order and the public peace and welfare
In this country, under our free representative
systems of government, obedience to the ordin-
ances Of law has hitherto been considered an un-
questionable and imperative duty and it is very
certain that it must continue to be so considered
II we would maintain our civil institutions, and
live IN the secure enjoyment of our possessions.
For without law, and law to be obcyed or dis
obeyed at the option of any and every one, is as
no law, we have no protection for life, liberty or
property.
As citizens under the General government
our rights and duties, our obligations and res
possibilities, are measured and regulated by the
Constitution and the laws passed in pursuance
OF 1t; and so tar as concerns mere civil rela-
tons and duties as such citizens, or any ques-
tons arising out of these relations and duties,
there is no higher law
When a law, authorized by the Constitution,
has been duly enacted, it is igatory and bind
ing upon all and it is lmmaterial whether II had
the appreciation and assent of more or less of
/ the representatives from our own particular sec
ton of the Union, or whether II was passed by a
greater or less majority. An act passed by a
majority of one in each House Of Congress, and
approved by the Executive, is as legally and
constltutlonaly binding as if passed by a unan-
iInous vote IN both Houses. IL is the law of the
land IN the one case as much as il would be in
the other, ana has the same force and effect ss a
rule OF conduct III all parts of the Union The
will of The majority expressed in n constitutional
form, according to our theory Of government, is
the law for all.
Considerations of expcdiency, policy, or just
ice or any other considerations belonging to the
subject, may be urged against the enactment o.
a law, or after its enactment, may be urged in
favor OF its rereal. But these con sideratons can
not be urged as reasons for refusing submission
and obedience to the law while IT exists much
less to Justify disobedience and open resistance.
There can be but one question raised as TO the
validity and binding force of law after its en-
actment, and that is its constltutonaliiy But
this is question to be decided and settled not
by every individual citizen, or collective body of
citizens, according to his or their own will or
sense Of right, but by the proper judicial trbun-
ais and to these tribunals the appeal may and
should be made in regular and peaceabIe way
These are the old, established, constitutional
doctrines and any doctrines adverse to these,
are unconstitutional and disorganlzng -subver-
sve not only of the just authority of law, but of
the essential principles of free representative
government.
The true, constitutional doctrines on this sub
Ject admit to the fullest extent, both the right of
opinion and the freedom of discussion The
merits OF every law may be freely discussed and
OPINIONS may be freely expressed Tor OF against
1t. But 1t must be remembered, that it is one
thing to disapprove of law of the general gov
eminent and seek by constitutional means to pro-
cure ITS modification or repeal, and quite another
thing TO oppose or encourage resistance to 1t, or
under the forms of local Legislation to array the
State authorities against Its execution.
Every act ot Congress passed pursuant and IN
conformity TO the constitution, Is, by that instru-
ment, declared to be the supreme law of the land
anything IN the constitution or laws of any State
| TO the contrary Notwithstanding. Ofcourse, every
State enactment which authorizes any lnterier-
enoe with or obstruction to such general para
mount law, being IN conflict with It, is lnopera-
tive and void. This is a principle essential to
the existence of the national government; and
1t may be affirmed with truth and | state il be-
cause II Is matter of the highest moment, that
1t is only under the operation of this principle,
ana by faithful observance, on the part of the
States and the people, OF the obligations and in
functions of the constitution, that we can hone
to preserve this Union, and continue It's blessings
to ourselves and our posterity.
The following testimonial, which we take the
liberty TO publish, Is only in accordance with
IN ,ffo,,