Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1853-11-10

not apprlzed OF the rlghtiu limits Of their DOW
er; and their true office is to declare and enforce
only our natural rights and duties, to take none
Of them from u.s."
To say nothing Of our natural rights other
than those enumerated IN the constitution. il
will not, | trust be deemed unsuitable to en-.
quire Why was necessary TO subject the gift or
sale of what has heretofore been known as prop
ertv, which always has been, and now is. an ar
ticie OF commerce IN every civilized county, to
highly penal enactmenis, unless TO infringe the
immunity which the constitution extends over
the persons, houses, papers, possessions. and
property Of every citizen, by transforming an
innocent If not an Indifferent act into n offence
on which 10 institute the right OF search? Such
Legislation certainly eyinces a dispos non to con.
vert the right OF acquiring, possessing and pro-
tecting property" which the constitution 10 the
first article Of our Bill of Rights recognizes as
one Of the natural, inherent and lnalenable
rights Of every CITIZEN" into an odious aud dis
reputable crime. The authority to ass this law
Is undoubtedly claimed under the grant OF pow
ef over the internal police Of the State hos far
tins grant Is restrained by other provisions in
the constitution, and what limitations are 10 be
put upon the words " governing aud regulating"
1t Is unnecessary to inquire for If 1t were con
ceded that the fifth article in the Bill of RIGHTS
coners the authority to prohibit So likewise. It
gives the right TO regulate the sale and restrain
the abuse Of any article Of property, and the
question then becomes one of expedlency. An
opinion prevails 10 the community that the habits
aud tastes ola people may be materially changed
by legislative enactments this, apprehend. is
at variance with the past history and experience
OF the world; such laws do not command the
respec, or obedience Of those intended to be
coerced, and il is a matter Of notonety that they
are daily violated with mpuniy The difficult
y OF enforcing and the inpohcy Of enacting
laws of this character would BE- more apparent
VI Il were within the constitutional power of the
legislature to establish common faith and mode
OF worship in religion. This subject anclentlv
engaged the attcntonof dehberatiye assemblies
and IT we were to enact similar laws we should
undoubtedly attain "a like result. The truth
however, cannot be dssenbled, that the present
Laws has proved Intellectual and Inadequate to re-
strain the use of and traffic in Intoxicating hq-
uurs and the fact that the legislature In one
part Of the law dvest it Of the character Of prop.
ery ami, IN another, recognize II as such, and
tolerate its sale ln one place ln each town for
mediclnl and mechan cal purposes, should in
sp're us with distrust of any enduring reforma-
ton founded solely upon municipal law. If,
however such Jaws should eventually accom-
Plush The objects expected from them, they will
afford most ready way To extirpate the evils
which aiiiict tie community but religion has
been generally understood T. iucucate different
theory tor the reformation of the race, and intern
penuce and other like wees have been denoun-
ced bs higher and more omnpotent tribunal
than that of any State Legislature.
" hatevcr may be the opinion of the Supreme
Court upon the consuiutonality Of the several
provisions ofthe law, whether favorable or other
WISE still the law is subject 10 be modified re-
pealeG or made more stringent, according to the
varying opinions of succeeding Legislatures !;
aud the question Of temperance coasts 10 be one
OF N raj reform and becomes merged in the par.
~ and political conflicts of the dav. A very
respectable portion. perhaps a majority Of the
citizens of the State, regard the existing law as
Inloeraut IN principle, oppressive IN It's enact
menis, If not Objectionable IN the manner of its
execution /, therefore respectfully recommend
such modification Of the law which, while it
shall preserve the state from the vice of intern
pcrance, will also m1intan the rights of our cit
zens against infringement and their dwellings,
from wanton and maliclous intrusion.
have thus frankly communicated my own
opinion of the policy and expedlency OF ssch
stringent legislation at he same time am
aware 10 does not accord with The sentiments or
feelings of numerous and highly intelligent
portion OF our citizens.
Our laws wisely secure to a married woman,
IN her own right, the ownership Of both real
and personal property IN case she dies iniestate,
her husband surviving, it is not free from doubt
who is entitled to administer upon her estate, or
by what rule the Probate Court are TO be GOV
crncd IN the distribution II is to be presumed.
however that the questions arising between the
husband and the next Of kin, 10 respect to her
chattels real and chooses IN action, were design
eily left TO be settled by the principles of the
common law. | therefore submit whether Il
would not be more in harmony with our system
of laws relating TO the settlement OF estates, to
make some specific provisions on the subject,
and thereby expedite then settlement and pre-
vent needless legislation.
Common schools have been the subject of
commentator in every Executive message, and
Ia their necessity and importance, most cheer
fully concur. Education is an object Of deep
s1lictuIe 10 parents and intense interest 10 the
State On the moral and intellectual education
of youth, depends their success and happiness
10 lite, and their characters as citizens The
State has never been iuattentive TO The wants OF
her children, but a wise lberaliiy has supplied
the means TO furnish all with the benefit of
common school education. Attempts have been
made, by the establishment of Teachers lnst-
tutcs, 20 raise the grade OF scholarship IN teach
ers, and mpart more aUtDess to instruct; but
with what success ! am unable to say. Ii may
be doubted, misunderstanding the Improvements
in the character Of books. and the superior
qualifications ofteachers, whether in majority
OF the district schools any more or better educa-
ton Is now acquired than formerly. Why II is
so, | am unable to explain, unless caused by the
indifference of parents and the nefhciency Of the
laws relating TO the subject. ! submit WHETHER
these laws do not need revision SO thet, as far
as depends on them, the character of this indls
penslble class of schools may be raised.
Our Colleges and Academies afford the nee
essary facilities for acquiring higher and more
finished education, and were. ;hey more adequate
~ endowed their means Of instruction and use
fulness would be greatly Increased; but the lib
crafty OF individuals has, IN some measure, sup
Piled the means which the State has hitherto
been unable to appropriate, and these institutions
NAV Justly appeal to the munhcenCe OF the
State for aid and encouragement; and re-
trenchment in the expenses of the government
viii enable the legislature 10 make annual APP
preparations to these deservedly mertorlous IN
itons.
Upon the occasion of change in the political
mower. Justice demands the acknowledgment
that the party which has SO long enjoyed the pat
ronare and maintained the ascendency IN the
State. have exhibited commendabe lberalty
in the distribution OF the Judicial Offices; and
more recently in the appointment OF an eminent
iurist to the Office of chief justice Of the Su-
UIo fu1ff.ful Ilp other puhlg