Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1858-04-29

fdng people, and the freshest sanctly oi HIS
official oath
q ADHERENCE Of opinion has arisen 10 regard TO Me
time rea the geopf ofa Territory shall decide ms cues
tioH oG siarsryl for themselves. Inaugural Aa~tSS'
1t is of the rights of the sovereign people he
speaks.
This is, happily, matter of but little practical i'm
importance" lib
To be sure it concerns the right Of the peo-
pie and the liberties of men to be sure, 1t IS
mere question of time one year or ten pref
ty question whether they shall be half buried.
or wholly buried, beneath the black flood OF
slavery, before they can decide whether they
will be buried at all OF not. To be sure this Is
a very small matter or the President is very
much mistaken. But he goes on:
And besides it is Judicial question, which :giti,
staes before hom it's pending, and will, it is UNI
derstoOd, he speedily and finally settled"
{" Before it is now pending!" The President
understood that 1t is true, then, that the Ne
braska act was a mere tender to the bred Scott
decision, and Congress the very humble servant.
to sweep the path in which the court would
tread And it g judicial question not po-
lIulCdl lOE UuC tOuIt, NHiCh 10 huAuiJ iNpPoh
sible toanybody and not for Congressman for
the representatives of the States and the peo-
ple-whose responsibility is direct and ineyita
BILE. 1t is the Executive, too-one of the three
coordinate branches OF the Goyernment-who
thus exalts the one at the expense of the 9th
er But, again, said the President
:" 70 their decision, in common with all good citizens,
shall cheerfuHy submit thateuer this may be- Same
Sir. it is not fit that should stand here to
harshly Judge the President of the United States
"A venerable old man, whose very age demands
our homage and respect-now sinking from the
topmost place of all the dignities of earth, by
weight of years, and tolls and cares; but no
light words will eerVe through any skill of
mine, to express the sentiments hold of that
inaugural pledge. There are those who take
that pledge as proof Of collision between the
President and the court, against the powers OF
Congress and the liberties of the people. take
it as it stands, a total surrender of the indie
pendence of the President; a surrender of his
constitutional right of Judgment on high
official act, involving as well his own powers as
the powers of another coordinate branch of the
Governments and pledge in advance, without
examination, without judgment, without a why
or wherefore, of unconditional submission to
the court Highest in dignity, as the President
is; equal in power with each of the other two
great constitutional branches of thegovernment.
as the President is and bound by his very oath
to preserve his independence perfect and intact
in the very least official act, it strikes me that
the serviity Of that declaration was complete !;
that it implied total surrender Of the dignity
Of his position a neglect of the high duty of
his Office, and an Impeachment of the very in
dependence that we are alone bound to respect
Not 50 have other occupants of the Presiden-
tial chair demeaned themselves and the dignity
of their place not 50 mistaken their duty, priv
ilege and right.
Said Mr.. Madison, in founding the Constitu-
ton, and long before he reached the highest
post created by it;
81 it be fundamental principle of free
that the legislative executive and Judiciary powers should
be separately exercised it is equally tina they be indie
peadenuy exerciSed."-[3 Eliiot's Debates 337
Said Washington in his Farewell Address:
"The habits of thinking in free country should in
spire caution in those Entrusted with its administration to
confne themselves within their respective constitutional
Spheres avoiding in the exercise of the powers of de
partment to encroach upon another The spirit of
croachment tends to consolidate the powers of all the de-
partments in one and thus to create whatever the FORM
a real despotism''
The submission of the executive to the Judi
ciary, is submission to an cncroachment; the
subordinaton of the executive and legislative
branches to the judicial, is but to g consolidate
the powers of all the departments in one, and
thus to create a real despotsm." believe in
Washington
Said President jackson
"The opinion of the judge has authority owe
Congress than the opinion of Congress has the Judge
and that point the President is independent of both
The snthorty the Supreme Couri mnt not therefore
be permitted control the Congress or the Executive
when acting in their legislative capacities but hav
only such influence the force of their reasoning may de
serve'- President Jackson's Veto Message on Bill
charter the United States Bank, July 10, 1882.
Sir, | thought, and honestly thought, tina
declaration of President jackson arrogant
then | think it admirable now. 1t contain
the constitutional rule
pass to the next announcement of the Pres
ident, five months after the inaugural address
and the decision of the court. 1t is in that re-
markable document, then unofficial, but since
made oticial-thc Presidents letter of Angus
10, 1857, to Professor Sillman and others, cit
zens Of Connecticut:
"Savery existed at that PERIOD 1.-THE passage of the Kan
sas-Nebrgska bill and still exists in Kansas under The
Constitution of the United States This point has at last
been decided by the highest tribunal known to our laws
How it could ever have been doubted, is mystery"
Behold the advance In March, only five
months before, it was mere question of time
that was submitted to the court; in August, it
was grave constitutional principle that had
been asserted. In March, it was merely ques-
ton " when the people of a territory shall de-
eide this question of slavery for themselves; y
in August, they cannot decide it at all In
March, it was squatter sovereignty or State SOW
ereignty; in August, it is neither-slavery " ex-
lists under the constitution ofthe United States -
In March, it was " a question of little practical
Importance " that was submitted to the court
in August, the Court had asserted supreme
rule of law, and q rule utterly subvcrslye of all
the ideas and intentions of the trainers of the
Constitution, and of the practice of the Govern
mcnt rule of law never even dreamed of till
1877, and then consigned, by common consent,
to quiet sleep upon the table of the Senate The
dream, Of the South Carolina Senator has been
realized by the court 1t has received the line
aments and power of new divinity from the
breath Of the court. The President ignorantly
worshipped " it in March, but in August, his
faith was fired by sight, and, in all the glow Of
a new conviction, he shouts, | BELIEVE! TIL
WONDER is THAT EVER DOUBTED And what i:
the new Democratic creed imposed by this new
Democratic divinity? 1t is a reocrsai of the
common law as to the Territories. 1t is, that
Slavery went into Kansas, and goes into every
new territory, "uader the Constitution" 1t is
that Congress cannot exclude it, and the terrific
rial people and government cannot exclude it
1t is that slavery must go there, and stay Their
at least until the people, by virtue of thei
sovereignty as an organized State, Shall turn
out. 1t is, that we are to have no peace, bu
an cyer-rocurring struggle in the Territories Oh
their settlement, and in Congress on their I'D
but strife and heart-burnings; a dearth an
death ofpatrlotic sentiments, iratcrnal affection
and mutual respect; passion responding to pas
SION, and threats to threats-in this Capitol, i
the States and among all the people struggl