Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1851-10-17

Tue citizens OF This State and not TO cOntrovert
or show It's faacv
II 1t were practicable, it would be desirable
mat every act Of a legislative body should be
accompanied with such evidences Of its nece5-
Slty aud utility aS to ensure a ready acuuiesence
IN 'Iin proprlcty and wisdom Of its PROVISIONS
ana tnl' con- mend Itself to the hearts and af-
lectlOn+ Of the people, and not require the CO.
erSlVc power OF government to enforce it
But as Obedience and submission must be well
ed to the supremacy Of the laws, and n resort
to compulsory measures must be had if neces-
sary, to ensure tins obedience, /. is incumbent
on a le rlsative body to consult the general
good, and not unnecessarily sacrifice the inter
ests OF one portion of the community to that of
the otler, nor wantonIy Injuro the feelings and
views Of one, TO cOnclllate and CRAFTY those
OF another. When there is this conflict of in.
tercst and opinion, the voice Of the majority
must prevail
In republican government, having a writ
ten constitution, there are two tests to which
all legislative acts must be submitted. One il
pubic opinion, and the other is the provisions
OF that constitution. The former NAV compel
Il repeal or alteration Of any acts or laws pas
sed by any legislature. and the latter will try
their validity. TO the formation of correct
public sentiment. and to influence It, the utmost
latitude must be allowed Of speaking and pub
Iistng the sentiments and views of every indi-
vldut. The merits of public men and mea-
| SureS must be subject to be discussed freelv
IN order to obtain that remedy, if any is neces-
sary, which the representatives of the people
| IN their legislative capacity can alone give
Every attempt to repress this liberty of speech
ana OF the press and to silence an inquiry in
to the proprletv or wisdom of public men and
measures, whether by law or the exercise of
Tafr H. Al.
the ayarce or ambition of individuals. must be
| futile and vain, and can obi in no 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
tpteS, are two branches Of liberty which | can
never part with" | am sure the people this
country Will never consent TO part with this lib
erty, however much it may be desired By some,
to avoid a scrutiny of the acts and merits of
themselves and others and no danger is to be
apprehended from the abuse of this liberty.
while men are under the superin,endence and
supervision Of the law, and amenable to public
Justice
To the other test all legislative acts are also
subject, and 1t is the province of the judiciary
dep Ttment to determine. when the law and
the constitution are antagonisc that the for
mer must yield, and the latter prevail. This
power Of the judiciary was formerly denied,
but is no doubted at this day. 1t is the right
and privilege of any one, affected by any act
OF the Legislature IN his person or property, to
bring the act To- the consideration of the Judi
clnl tribunals VINO will pronounce it valid or
void, As It conforms TO- or conflicts with the fun
Gamentll law. In order to ensure confidence
in ajndcla! decision on this delicate and diff
cult subject, the citizen should feel that he can
present his views, that he vii be heard with
patience, and not be embarrassed by any previ-
= Gus expression Of opinion, not required, uncal-
led for, and extra judicial. and not A decision of
the question submitted. No individual, or
state, should be discouraged from resortiag to
) this mode Of trying the validity Of any lsgis-
lutlyC act
neeI not speak to YOU OF Our attachment
to the Union. or orr reverence for the consti-
tuition, or our unwavcring obcd encc to all irs
requirements. y recurrence to our history
vii show. that we voluntarily and unheslta-
ungIy sought admission into the Union, and
ratified and confirmed It's constitution, and have
never even when invited by those in whom we
I placed confidence, asked for any important al
t teration in lis provisions, and have manifested
t no wish TO disturb the ratio of representation :;
nor have we joined with others in any acts or
measures which might be considered as tend
= ing - a violation Of, or resistance to, its au-
2 thority We MAKE no loud and vocl erous
= professions OF attachment to the constitution,
? rs such professions some ines Indicate that
2 there may nave been re- lSOn tD doubt that at
= tachnent, and ala uncaIied for profession of
o faith and reverence for the Union and consti-
= tuition. might imply that we had heretofore
been wanting in that reverence
- Allegiance to the government Of the Uni
: ted States depends not upon our will; we CALI
:, not, while We enjoy It's protection, absolvc
II ourselves, nor caG any State, or any eOnblna-
e ton of States, absolve MS from that allegiance.
i And should any State, or any number of in
" habans within any other geographical limits,
c attempt it. the laws of the United States and
lis constitution, would still be in force within
V their territory and would only be rendered in
; ctiectua BY the want and ability and power,
| in the authorities of the mon, to enforce obo-
/. dicnce. have I'd reason to doubt bur that
= the necessary power would be found, and the
= and afforded, to compel submission to law
o and authority. For tins reason have regard
e ed, perhaps too lightly all threats of DISCO
: luton of the Union as futile, and have MOTTO
d ed with surprise, IN the resolutions Cf public
: bodies. and in executive messages dGciaHa~
st ton, or even an lntlmluon, that adherence to
any acts or measures of congress, is to he the
v condition of their fidelity to the Union, as
~ lil'NGi u'l' any lNhSC cpChACh ut'OlA wv a
" will and pleasure alone.
d hope that the cry of danger to the Union,
e like the cry OF danger to the Church in the
1t country of our ancestors IN other times. is not
1t to be made the pretcXt for arbitrary and op-
presSiye measures, or humlliating and eegrad-
at lng submission.
Or In an extended territory, like that Of the
le United States, the different sections will have
Of different interests and Legislators will be inhu-
,e enced by their local situations. Hence they
5, will be liable to- the mputaton of being gov
erned by sectional and not national views
:. This was the complaint against those laws
{ which were cructcd IN favor of protective
b. tariff, and which, at one time came very neal
I'd involving the country in a civil war. 1t should
i, be remembered, however, that what advance!
ne the interest of one section, in n measure. ad
Id vances the interests of all. The protection
I'd which has heretofore been extended to tn,
tv manufacturing interest, has also benefited tina
I'd of agriculture and commerce. An abandon
b. ment of tins interest was truly a sectional, AM