Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1855-03-10


" or in the name Of the great Central Execu-
tive Power.
The second question is, What is the nature
and extent of the change which you propose to
make by the bill which is under consideration
That question is answered in a word. When
ever the rights Of citizen arc invaded ia any
State within the Union. by person holding
commission, whether civil or military. from
the President Of the United States, he shall
hencefor,h have only single safeguard, in-
stead Of that double panoply which has hiiher-
10 shielded him, aud hs must either forego re-
dress or seek il ia a tribunal of the United
States, in which justice is administered by
Judges appointed by the President and the
Senate, and iuemovably, exgapt on impeach-
ment by the House Of Representatives, and
therefore, responsible in tho leas, possible de-
gree to that wholesome public opinion which is
tho guardian Of public liberty. Every post
master and his deputy, every marshal and his
deputy, every mail-coniractor, every stage
driver, every tide-waiter, every lieutenant, ev-
ery-ensign, and even every midshipman, will
be independent Of State authority, and, when
prosecuted before Magistrate or Court, in the
immediate yicinage where his offence is com
miiied, will defy the party aggrieved, and re-
move the action commenced against him into
Federal tribunal, whose terms are rarely held,
and then in remote and practically inaccessible
places. One-half Of the power residing in the
States is thus to be wrcsted from them at a siu-
gle blow, and they win henceforih stand shat
tered monuments Of earlier greatness.
No such change as this was anticipated by
the trainers Of our Federal and Stale Consiitu-
iious. They established the Federal Conslilu-
ton chiefly for the protection Of the whole
country against foreign dangers. They gave
it stronger Executive than they gave 10 the
States, respectively. They established the
State Constitutions chiefly for the protection and
defence of personal rights. They know that
This Central Government would grow stronger
and stronger, and woald ultimately become an
imperial power. Il has realized that expecia-
tion, and has become eyen Continental Power
Hitherto, the citizen has enjoyed his double safe
guard. Why shall one-haf of his panoply be
now torn away from him ! What lawful and
proper object Of the Federal Government has
failed 10 be obtained by reason Of the exercise
" JestNttoh " e|AAAC anaNiitito bNti OlhNCio VI
the United Staiesi None. Why, then, shall
the ancient law aad custom be changed Is
there danger that tho citizens will be too secure
under the double protection Of the State Courts
and Of the Federal Courts That was not the
doctrine Of the earlier days, and tha, is moi
sound doctrine now
demand, in the third place, reason for
this innovations In reply you urge, first, a
precedent Precedents, in every country. are
the stairway of tyrams. What is this prece-
dent Il is law which protects the public
Treasury, by Withdrawing from the State
Courts certain actions against collectors Of the
revenue. Who knows, now, without more ex-
animation than you allow time for US to make,
on what ground, or under what circumstances,
or upon what exigency, tlIat single departure
from tho ancient system was made do not
know that should have been in favor Of thar
departure. Nor can you show that the in-
noyaiion thus made, and which you now plead
as precedent, was necessary. We are al
ways wiser in our judgments in retrospect.
than in anticipation. can now see, when the
precedent is pleaded to Justify a further de-
Partnre from the ancient system, abundant rea-
~ '""' ''' P'e'euen' was ever es-
'AO,,snsa
ou '',' me- ~ uno next place. u'a' mere Is
Sa"se, " INSTRUMENTATION - dahse' hat 'he
p'1'o ''e'"''eHs =, WEI "ur,'y 'ne Jaws OF 'he
eSs'a' oo'e'1,","'s p i"is Is a'~ays !ne
'e"uy p'e" io' reueiai usurpa'ions' Is Tue
'an'e s'ounu "I,ch Tue nri'ish Government as
Sa'nou o"a,us n'iusn suUee's IN 'ne American
o0,O",es' ~neh II 'ransPor,eu mem beyond seas
70 % nieu 'o' pretended 0hences' ! proclaim
:" ys'' W." an" P'ocia''" oeiorc my
'ounNy y'''c"' "'1' '"ete Is no necessity aud no
a" ssa" VI "eDe's.'y 70. ,"iS g'ea' ana iear'uI
80 ~ ~ ,''u,'A' ~ a"y S'a'e VI
that can af;c, The ,;ob,s of a,y nn,,i;c or,;oor
of the limited State. ,bare il an .nna.I - ,ho
Supreme con,, or ,bo Irn;,od ST.. - "a
IN him hv ,be co,s,;,r,;oo ,nd ,.,... ac ~
TIp;,ed S,a,es and ,b,, h;oL ,s;h,,.aI 49,
,nerelv hv ;,s ,r,nd.,o ,nnnf ,,'a, -,
and discba1oe the nar,y from Al, ;,s crnas",,a"
ces. This and ,bis alone was The secrr;,v .
which vour forefa,bcrs es,ahli.hoj 70 nroven,
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