The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-05-28
Vermont.

The Hon. SAMUEL PRExTIss, judge of the United
States district court of Vermont, and formerly
United States Senator, at the opening Of the court
on the instant, delivered an able charge, in the
course of which he took occasion rcbuke the spirit
Of lawlessness and characterization which has re-
Gently manifested itself in various parts of the
country. Tho following extract will show the con-
sentative and patriotic spirit of this charge:
every extraordinary doctrines have recently
been put forth to the public, touching the duty and
obligation Of obedience to law These doctrines
are new, and are strangely at variance with the
principles we have heretofore been taught to re-
spect and to take as our guide. They inculcate in
subordination and lawless disobedienco; and those
who toach them, whether they are conscious of it
or not are enemies to the public order and public
peace and welfare In this country, under our free
representative systems of government, obedience
to the ordinances Of law has hitherto been consd
cred an unquestionable and imperative duty; and
it is very certain that it must continue to be SO
considered, If VIC would maintain our civil institu-
tons, and live in the secure enjoyment of our pos
sessions For without lawand law to be obcyed
or disobcyed 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 Gov
eminent, our rights and duties, our obligations
and responsibilities, are measured and regulated
by the Constitution and the laws passed in pursu-
ance oft; and go far concerns our moro civil
latons and duties such citizens or any questions
arising out of these relations and duties there is
nlgner law
'sThere can be but one question raised as to the
validity and binding force of law after its enact
ment and that is its consttutionalty. But this is
question to be decided and settled, not by every
individual citizen, according to his or their own
will or sense Of right, but BY the proper judicial
tribunals; and to these tribunals the appeal may
and should be made in regular and peaceable
way. These the old, established, constitutional
doctrines; and any doctrines adverse to these are
unconstitutional and disorganizing, subvcrsve not
only OF the just authority Of law, but OF the
tial principles Of free representative government.
The true constitutional doctrines on this subject
admit TO the fullest extent both tho right Of opin-
ion and the freedom of discussion.
1.-THE merits of every law may be freely dis
cusscd. and opinions may be freely expressed for
against IT, But il must DO remembered that il is one
thing TO disapprove ofthe law Of the General Gov
eminent, and seek by constitutional means to pro-
cure its modification repeal, and quite another
thing TO oppose encourage resistance to it,
der the forms Of local legislation array the State
authorities against its execution Every act of Con-
grcss, passed pursuant and in conformity to the
Constitution, is by that instrument declared to be
the supreme law OF the land, any thing in tho con-
sitution or laws Of any State TO the contrary not
withstanding. or course, every State enactment
which authorizes any interference with obstruc-
ton to such general paramount law, being in con-
ftict with 1t, il imperative and void. This is a
principle essential to the existence of the National
Government; and it may be affirmed with truth
and state il because il 10 matter of the highest
momcnt-that ii ia only under the operation OF
this principle, md by faithful observance on the
part oil tho States and the people OF the obligations
and injunctions of the Constitution, that we can
hope to preserve s Union, and continue its bless
| ings to ourselves and our posterity'