Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1855-03-09

while retain place in the National Coun-
ellis, any slaveholdmg State willing TO adopt
the humane police which has been already
adopt ed by my own State, and by other
States, shall have NY vote for any aid, either
IN lands or money, from The Federal Govern
men,, which tie condition Of the public
Treasury and Of the National domain will al
low. in furihcrance Of an object in which no,
only the slaveholding States are interested,
but which concerns the whole Union, and
even Human Nature itself.
Mr.. President, | have made my way ut
last. through the intricate mazcs Of this dis
cussion 10 the actual question before the
Senate. The bill before us is in these words
If a suit be commenced or pending in
any State Court, against any officer Of the
United States or other person, for or on ac-
count Of any act done under any law Of the
United States, or under color thereof, or for
or on account Of any right. authority, claim,
or title, set up by such officer or other per-
son, under any law of the United States.
and the defendant shall at the first term Of
such State Court after the passage of this
act. or at the first term Of such State Court
after such suit shall be commenced, file a
petition for the removal Of the cause for trial
INTO the next Circuit Court to be held in the
district where the SUIT is pending, or, ifthere
be no Circuit Court in such district, then to
the District Court invested with the powers
of Circuit Court, next 10 be held in said
district, and offer good aud sufficient surety
for entering in such Court, on the first day
of its session, copies of said process against
him, and also for his there appearing and
entering soecial bail IN the cause, if special
bail was originally requisite therein, 1t shal,
then be the duty of the State Court 10 nc
cept the surety, and proceed no further in
the cause; and any bail that may have been
taken shall be discharged, and the said ca.
pics being entered as aforesaid IN such
Count OF the United States, the cause shall
! there proceed IN the same manner as # u
! had been brought there BY orignal process
/ and any attachment Of the goods or estate
Of the defendant by the original process
shall hold the goods or estate SD aitache 20
answer the final Judgment, ~ the same man
ner ms by laws of such State they would
have been holden 10 answer such final iudg
meni, had it been rendered by HE Court in
which the suit commenced and the party
removing the cause shall not be allowed TO
plead or give evidence of any other defence
than that arising under a law OF the United
States rs aforesaid"
What IS propo ed here is an uuov tion-
a new ihng-a thing unknown 10 the laws
Of the country, since the States came into
Federal Union. That now thing is. lhat
person, civiliy prosecuted IN State Court,
and iustiiying under authority ar color Of a
law of the United Stale-, mly Dust the
State Of It's Jurisdiction, ard remove ihr
cause into C,un Of the United States.
The fret question which arises is. How does
the thing stand now low has it hitherto
stood ; " hat are the righ's Of parties in
the State Courts The Constitution OF the
United States binds together IN Federni C..
mon thiriy-one States. Which, while they re-
main equal aud qualified soycrcignuc.. at
the same time constitute, 10 the aggregate
another qualified sovereignty. Inasmuch as
The chief business of government IS TO pro-
tect the rights OF IT'S citizens or subjects, and
as the performance OF that duty Is. under
governments, ass gucl 20 Courts Ut Justice,
and Inasmuch as the citizen is simultaneous
~ the subject OF State government aud Of
the Federal government, the State Courts
and United States Courts exercise concur.
rently or co ordmately The power of trying
civil actions which are brought against per-
sons acting as officers of the Federal gov
erameni The pu5lic officers Of the Uuited
States are, as we all know, numerous, and
OF many cllsscs--clyil, military, and naval.
They are engaged IN executing laws rcat.
ing 10 the army, The navy the casloms, the
public lands, tue Post Office, the judiciary.
and foreign relations. These agents nay
be called upon TO answer by any person who
is aggrioycd, either in the proper Federal
Court or in Court of the State where the
grievance happened. A case which will
Illustrate the subject now occurs 10 me. -
Two or three years ago, successfully mlig-
tanned IN the Supreme Count Of the United
States an action Of the case which hid been
brought IN Justices Court of the State of
New York bya woman, against a pnstmus-
ter, who hid refused TO deliver 10 her "A
newspaper, ON which tho postage which
could be rightIpny demanded was one cent.
The Postmaster pleaded before the Justice,
and before the Supreme Court Of the State,
aid before the Court Of Appeals OF the
State, that none hut Federal taurt could
assume jurisdiction in the case. When his
plea was finally oyerrucd IN the Court O
last resort in the State, he Appealed irou
that decision 10 the Snmpreme Court OF lh,
United States The Court affirmed the de
olson Of the State Court, and thus define,
the law to be, that United States officers ar,
amenable to civil actions in the State trlbu
nals. The law now remains Ms il was theI
expuunded, and so it hos always stood sine,
the establishment OF the Constitution itself
1t is wise and benciicent, because d sur
rounds the citizen with double saltguar,
against extouiun, oppression, and every form
I Of injustice committed by the authority o
( in the name Of the great Central EAcculE,
Power.
Tho second question is, Whit is the "a
/ ture and extent of the change which yot
/ propose 10 make by the bill which is unde
consideration That question Is answered
IN word. Whenever the rights ot a cltiz-
en- are invaded IN any Stale within the Uni
on, by person holding commission, wheth
or civil or military, from the President of tho
Unlled States, he shall henceiorth have only
a single safeguard instead Of that dOJblt
panopy which has hitherto shielded him
and he must either iorego redress or seek II
in a tribunal of the United States IN which
justice ls administered by Judges appointed
by The presldon, and the Senate, aud ire,
movable, except on impeachment by the
House of Representatives, and, therefore
~
that wholesome public opinion which Is toe
guardian % public liberty. Every postmas
ter and his deputy, every marshal and his de-
putty, every maIl-contractor, every stage.
driver, every Underwater, every lieutenant
every ensign, and even every mIdshipman
will DO independent of State authority, and
when prosecuted before a Magistrate OF
Court, IN the immediate yicinage where hls
offence Is committed, will defy the party ag-
greyed, aud remove the action commenced
against him into a Federal tribunal, whose
terms are rarely held, and then IN remote
ana practically inaccessible places. One-
half Of the power residing IN The States is
thu, to be wresled from them at a single
bow, and they viii henceforih stand SKATER
ed monuments Of earlier greatness.
No such change as this was anticipated
by the trainers of our Federal and State
Constitution. They established the Federal
Constitution chiefly for the protection OF the
whole country against foreign dangers