Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1858-04-30


let US look for moment at thc legislative and judi
cal politicians NJ 1854 hnrnonouslv Ncndnr 10 aiyo MS
new Constitution without the process Of formal amend
mcnt much saving 90 the States md the people
"hy your leave" In the month NJ Arrl 1854 thc Drcd
Scott argued IN the United States circuit court
Tor Missouri and In that same April 1854 the Kausas-
Nebraska bill argued in Congress. In May, 1854,
the court decided the Tor slavery and u thot same
month OF May and on the 30th day thereof Congress
passed tho Kansas Nebraska bin. What was IL. Every
way most remarkable act-rcmarkablc for H. mlne's
" promise; remarkable or its lincss Of failures
most remarkable f'r the fate Of Us prophet e is No
entirely without honor. save tn his own party. His pHty
has read him out but with tocrahlo that De-
will read his party outout Of the favor of the people
ont Of the Congress and Of the Presidency
fitting climax o. the uncvnrctcd accidents Of the Ne
hraska bin. IL promised quiet. and has given agta
ton; peace and we have had the sword int, rfsr
cncc and we have had interference fairness, aud We
have had fraud law and order and we have disorder and
defiance 20 all law freedom. and We have slavery the
dciraudcd of their first their dearest and most sacred
rights. Why should n defeat its pary3 But In ono
point and the chief one, the asNcbrasa bill has
not failed u repealed thc Missouri compromisc, and
swept our wide domain north Of 3G 30 Of the statute
against slavery Thus IL prepared the for the South
to bring iu M cg0ns of slaves and the court has dccid
ed that hcv can 40 in ''nudcr the Constitution Of the
United States The design of the politicians has been
confirmed by the court, and il stands ont In charac-
tiers far 20 bold 20 be bnkod. Slavery the supreme law
m Federal territory Slavery the general rule Free
dom thc exception That is the revolution Let us see
how 30 was 90 be achieved.
will consider the cdic Of the court as comes 60 us.
officially declared and illustrated by thc President Of the
United states. Lot us consult his official announcement
TO the country IN the first blush of gratitude 10 conhd
ing people and the eshcst sanctty Of his official oath
" a difference of opinion has arisen n regard 70 t1e
sa.e @ rhf0 thc prop,e q Territory IaH agc,ag ~
dress. NarcE 1851
I' If the rights Of the sovereign people he speaks.
nis is happiy, matter Of bnt little practical Inn
10 be sure it concerns the rights NJ the people and
The liberties Of men 20 be sure, it is mere question M
ume-onc wear or ten petty question, whether they
shall he half buried wholly buried beneath the black
Hood " slavery before they decide whether they will
he buried 90 an TO De sure this is very small
matter or the President is very much mistaken. But be
goes on
And. besides, II is ,f.cisy question: which lceiii-
matoly belongs 20 the supreme Cour of the United
" states, bef0ro ~h0m " Uelin9 and viii, u Is
" Vndcrsfooa. be speedily and finally sctted.'
"undcrsood' that Itis true thon, that the Nebraska
act tender 10 tho Drod Scott decision. and
C9ngres me very humble servant 70 sweep ne path IN
which the court would tread And IL is 'Ju6ieiW ques-
uon'--not political for the c0Urt which is hardly
sponsihie 10 anyhodv and NOT fr ConVcs-not FOR the
Representative of the states and the pcopc-vhosc rc-
sponsblity IS direct and inevitable Iis the Executive
too-ouc NJ the three coordinate branches n the Gov
crnmcutwho thus cxas tho ono 40 hc expense VI the
other But again, snid me- President
To their decision, 10 common with 1l good citizens,
g " w1H oteegfnAy submit 'rta'ern M'' mag be-
Sir j., IS not fl that should stand hero to harshly
judge the President Of the United Statcl venerable old
now sinking irln the topmost place Of o." the digntes
Of earth y weight Of years and tolls and cares but no
light words will serve. through skin of mine, 20
nress %" sentiments hold Of that inaugural pledge
There those who take that pledge proof u c0f
S0p between the President and the court against the
powers of Congress and the liberties Of the poonc.
take II as il stands total surrender of the iudopond
cncc of the Prcsilcnt surrender of his constitutional
right Of Judgment on high official act involving we'll
his own powers the powers NJ another coordinate
branch of the Government and pledge in advance,
without examination, without Judgment, without why
or wherefore of unconditional submission to the court
HIGHEST in dignity the President Isl equal in power
with each Of the other two great constitutional branches
ol The Government. the President and bound by
h very oath 20 preserve his independence perfect and
intact IN ho very least official act, b. strikes that the
sr'ity Of that declaration complete; that It im
ucd total surrender Of the dignity ofhis position: neg
lcc Of e high duty Of his Office and impeachment Of
the very Independence that alone bound respect.
Not so have other occupants of The presidential chair
demcaucd themselves aud the dignity or their place not
50 mistaken their duty, privilege and right
Said Nr. Madison, in founding the Constitution, and
long before he reached the hghe, post created 10y it
FIT hc fundamental pun0plc oi frec government
" that the legislative, executive, and Judiciary powers
" should he separately exercised IL is equally 50 that
they he tnaepcdeHtiy exercised - ENjofs Deb. 337
Said Washington, IN his Farewell Address
The habits Of thinking, In free country, should in
spre caution in those ntrsted with its adminstra-
uou ~ eouc heWseire7 rifhiu their rcsDerfrc c0n-
" Hufionai shces, avoiding, in the exercise Of the
powers Of ono department, to encrnach upon another
" The spirit II cnoroachmcnt tends TO consolidate the
powers OF aH the departments m one and thus To- ere
atc,whateycr the form NJ government real dcspotism.
The submission Of the oXccutivc the Judiciary, Is
submission To- an cnrroachmcn the suhordna'ou OF the
executive aud legislative hranchc, the judicial is but
% consolidate the powers Of an the departments in one,
and thus to create real dcspotsm' believe in Wash
iugtou.
Said President Jackson.
The opinion Of the judges has no more authority
over Congress than the opinion Of Congress has over
the judges and ON that point the President Is iJdc
peHdcHt Qf bath. The authority Of the Supreme Court
" RHs mot. hrrco ore, be permitted 10 ronro the Con-
grcss the Er,cWiue, when acting in their legislative
capacities but 10 have only such influence the force
Of theT reasoning may deserve "-I'rcsdc"t J1ctsos
=, Icto hessage oa BiHfo charter The United States
Bath, JHy ~. 1897.
Sir, thought, and honestly thought, that declaration
Of President Jackson arrogant, then think it admira-
Die now. 1t contains the constitutional rule.
pass To the next announcement Of the President FIVE
months after the inaugural address aud the decision Of
the 1t is in that remarkable document then un-
official, bat since made oical-ihe Presidents letter Of
August 70, 1857. to Professor siman and others, cd-
Slavery existed at that pcriod, Lthe passage Of the
ansas-Nebraska bill aud still exists in Kansas,
" der the Constitution Of the United Stdtcs. This point
has at last been decided by the highest tribunal known
=" To our laws How it could ever have been doubted is
'' n mystery.
Behold the advance In March, only five months be-
fore it was mere question Of time that submitted
10 the court in August, grave constitutional
principle that had been asserted In March, IL was
merely question whcn the people of a Territory shall
decide this question Of slavery for themselves " in Au-
gust, they cannot decide IL at all In march, it was
squacr sovereignty State sovereignty in August IL
is ncther-savcry cXists under the Constitution Of the
United States In March, it was "a question of little
practical Importance that submitted to the court
n August the court had asserted supreme rule Of law
and rule utterly subvcrsvo Of a the ideas and inten-
tons Of the trainers Of the Constitution and Of the prac-
ucc Of the Governments rule nfaw never even dreamed
Of until 1871 and then consigned by consent
quiet sleep upon the table Of the Senate The dream Of
the South Carolina Senator has been realized by the court
II has received the neamcnts and power new divinity
from the breath of the The President "ignorany
worshpcd tin March but in August bis faith fired
by sghtaud, n all the glow 0fa conviction, he shouts,
HELIEvHl THE WONDER rs THAT I gyER DOUBTED
And what Democratic creed imposed by this new
Democratic divinity II is rercrsai ofthe common law
as 10 the Territories It's, that slavery wentino Kansas,
and goes into every new Territory under the Com
VitiRioa." II is that Congress cannot exclude il,
and the territorial people and government cannot
exclude il. IL is, that slavery must 90 there and
stag thcrc--at least until the people, by virtue OF
their sovereignty as organized State, shall turn il
out. II is that To have peace, but ever
recurring struggle In the Territories their settle
mcnt and in Congress on their admission a State
No peace peace bat strife and heart hurninas
dearth and death Of patriotic sentiments, iratcrnal Of
fccons, and mutual respect la sion responding 20 pas
sion, and threats to throas--in this Capitol in the
States, and among an the people; struggle upon strug-
gle, and conflict upon conflict, involving last, the
Territories, the States, aud the nation in all the horrors
of civil These the promised fruits Of this bud
| NJ revolution.
Transmigraon is the article Of Democratic faith,
and trouble is the inevitable result Tmnmigrauon is
the doctrine declared by the President and he quotes
upon the authority Of the court A. wcll might he
quote the ancient Greek, andtnpe thus to force ms all
" To hold opinion with Pyhagorss,
That souls Of animals infuso themselves
Into the trunks Of men"
Transmgtation Of slavery Is the new Democratic doc
trino transmigation from State 10 Territory, and Ter.
.f,, D Ual lrurN