Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1858-11-25

Constitution OF tins State declares
I {" That frequent recurrence to fundamental
principles, and firm adherence to justice. are
absolutely necessary to preserve the blessings
of liberty and keep government free
/ Now as the encroachments of Federal power
have been in consequence of departure from
+ fundamental principles (as well as special pro-
visions) declared the Constitution your com
mittee have preferred, in the remedy proposed,
to carry out, practically and faithfully, by law,
some Of these great fundamental principles.
The Consultation of the United States, and of
this State, nowhere recognizes the right of
property in man. The practical operation of
this doctrine will be seen in the resolutions and
bill reported. Again, the Constitution OF the
| United States declares that no person shall be
deprived of life. liberty or property without
due process of law. What could be more ap-
proprate then, than to practically enforce this
provision of the Constitution by Il law which
should secure its benefits to every person within
the State ? Constitutional language is used to
enforce a constitutional povision, and this makes
the remedy complete
But there is another remedy, more remote it
is true in the adoption of which this State can
only act with her sister States yet, if adopted,
your Committee are of opinion would be
efficient in restoring the Constitution to it's
primitive meaning, thus securing the rights Of
the citizens and of the States. The Judges of
the Supreme Court, as now constituted, are an
irresponsible body of men. They are not
elected by the people, nor directly responsible
to them. They are chosen by the Senate on the
; nomination of the President, and the Senators
are themselves elected for six years. The Court
is, therefore, responsible, if at all, to the Pres
ident and Senate, and not to the people. More
: over, these Judges are elected for life, and
cannot be displaced, except by impeachment,
which history shows is rarely, If ever, resorte6A
to. With such Court, the liberties Of the
people are ever in danger. What care they
about people from whom they are 50 far re-
moved The Judges, without check or control,
except by tho President, combine with him and
} with the government to legalize oppression and
wrong. Instead of Jugdes they become ty-
rants breaking down the constitutional guaran-
tees of freedom, to build up and strengthen a
sectional interest with which they are identified.
That this is u correct representation of the
power and despotsm of the Federal Judiciary,
we will quote an authority everywhere acknow-
ledge, and especially by the Dmocracy of the
country. That eminent statesman, Thomas
Jefferson, eleven years after he had retired from
the Presidency, when ripe with experience and
age, in letter to friend thus speaks on the
subject
"The judiciary of the United States is the
subtle corps of sappers and miners, constantly
working under ground to undermine the foun-
: daton of our confederated fabric. We shall
see if they are bold enough to take the daring
stride their five lawyers have lately TAKEN IF
they do then will say, that against this every
man should raise his voice, and more, should
uplift his arm
3 The next year Mr.. Jefferson wrote to Mr..
. Thweat as follows:
" l am sensible of the inroads daily making
f; by the Federal into the jurisdiction of its CO.
ordinate associates, the State Governments. The
legislative and executive branches may some
i times err, but elections and dependence will
: bring them to rights. The judiciary branch 10
the instrument which, working like gravity,
without intcrmission, is to press at last into
7 one consolidated mass.
. Again. in letter to Mr.. Hammond, under
date Of Aug. Is, 1921, Mr.. jefferson wrote at
= has long, however, been my opinion, and have
. never shrunk from its expression, that the germ
of dissolution of our Federal Government is in
!. the Constitution Of the Federal Judiciary. An
irresponsible body, (for Impeachment is scarcely
. a scarecrow, working like gravity by night and
y by day, gaining little to-day and little to-
% morrow, advancing its noiseless step over the
'o field of jurisdiction until all shall be usurped
- consolidated into one. "
:, - Thus speaks Mr. Jefferson, and thus does no
n truthfully portray the present Federal Judicial
- ry, even to " the daring stride the fire lawyers
:. haze lately taken"
His Excellency, the Governor, in his Annual
Message, the sentiments of which, on this sub
7, ject, your Committee fully endorse, has well
ie said, that English liberty has been fixed upon
N its present firm foundations, not by the aid of
l. judicial efforts. but in spite Of them
ID No Judicial efforts, in England it Is be-
licved, have exceeded, if equalled, in atroclty
es those OF our own country, and more especially
L. those of our highest tribunal Your committee
are Of opinion that it should be the aim of the
to States not only to " overcome those judicial eff
d fors' by legislation, but to labor unitedly for
,, such alteration of the Constitution as will
f. shorten the term of Office of the Judges to at
least four years, and place their election directly
in in the hands of the people. The President and
If Vice President should also be chosen by the d.
as rect vote of the people, without the Intervention
70 of Electors. In the resolutions submitted, will
d be found the proposition for that purpose.
as Your Committee cannot close this report without
again abiding to the Constitution of the Uuited
States, nasmuch as the whole question under
discussion SO far as it regards the rights of cit
nc liens and the liberties of the people, depends
upon the construction placed upon that instru-
I'd ment.
of In conclusion, then and in review, after full
er examination and elaboration, your Committee
be would observe that of the objects of the
es Constitution is to ESTABLISH JUSTICE ,ce regard
ZEE none of its provisions conflicting 10Th this OBJ
IS ject, 1t is true that in its name, wrongs and
ne ourages may have been perpetrated terror and
lis desolaton may have been carried to many a
ON stricken heart, and thousands of innocent vic
nd Tins may have been sacrificed at it's shrine-but
Gu none of these were ever sanctioned OF for mo-
It's ment justified, bya single word in the Constitu-
ID, ton. In its name the citizens of the States
70 have been, and may be again, enslaved impris-
oned, murdered, and the States deprived of their
,se cherished rights but it is foul Islander on the
ar- Fathers to assert that Constitution, ordained
y, by them, to secure the blessings of liberty,
rs, sanctions any such outrage--an outrage that
Is does violence to the common sense of the civil-
u.s. zed world. The of all this is true. Like
Ire its great prototype the Declaration of Indepen-
,at dence, on which it is founded, it maintains the
Mt, equality, in rights, of the human race.
nu Wcp plant ourselves. then, on the Constitution.
IKE and there we are determined to stand, FIRMLY
wo unilinchingly, unmoved and unterrifed by the
ne combined assaults of Federal or of the Slave
Oh Power, whether manifested in fugitive or Neb-
raska Acts, Presidential Proclamations or bred
PIE Scott decisions This Constitution so perverted
ic- and malgned in high places, shall yet be made
's to do its appropriate work and fulfill its sacred
''u mission. The time is coming when it shall
ga to be made the instrument of tyranny and
'ns oppression to the millions Of this continent ;
ny, but shall become the harhinger Of peaco, the
'tu bond OF Union. and the great chart of (Iuma