Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1858-10-22
circumstances, crcditablc TO them and to the

lion lOr grelter legislative encouragement LOT
this class of militia than is now given, is like
ly to be made at the present session. I have
thought it proper to take this rather length
ened notice of our militia history, and of the
results of our previous legislation, in order
to bring this subject fully before you. |
trust you will give the matter a careful and
judicious consideration, and that whatever
action you may take, will be such as will be
permanently beneficial to the soldier and to
the community.
feel it my duty to call your attention to
our laws on the subject of the attachment of
property on mesne process, and especially to
that feature of them which gives priority to
the first attaching creditor. Whatever may
nave been the effect of this law at an early
day when credit was comparatively limited,
unlavorunio to tho L.,o;roes ;ntorest II etV' nv
community. Its operates harshly upon the
honest debtor, by offering premium to such
creditor as shall first attach and deprive him
of the possession of his property, and perhaps
ruin his business and it is unjust to crcdl-
tors by allowing the most greedy and un-
scrupulous ono TO obtain his whole debt from
an insolvent, to the entire exclusion of all
Others. 1t furnishes also to the dishonest
debtor convenient mode of defraudng his
creditors, by procuring his property to be
secured to himself by a fictitious attachment.
l would therefore earnestly recommend the
passage of an act that shall provide for the
equal distribution Of the proceeds of proper
ty attached among all the attaching credi-
tors.
Forming portion of the general govern
ment, we arc deeply interested in the meas
ures and character Of its administration, and
n few words in reference to them will not. it
is believed, be deemed out of place in this
communication.
The marked general feature of the national
government for several years past. has been
its entire disregard and abandonment of some
of the most important principles, which were
considered as political axioms by the trainers
OF the constitution, and acted upon as such
in the earlier and purer days of the govern
ment, and indeed down to very recent pc
riod This has been more particularly mani
tested in reference to the subject Of slavery.
Thus, the principle of non-intervention,
which applied the obligations of common
honesty and fair dealing between indi
viduals, to our transactions with other
governments, has, with a view to the
extension of the area Of slavery, given place
| to the detestable doctrine that national con-
venie7ce forms a sufficient justification for a
| forclblc appropriation to our own use of
foreign territory and It's people and in ac-
COTuunCe Wlun WHICH uOCtTluc,
and encouragement have been given to tho
lawless invasion of such territory, and the
most barbarous and cruel robbery and mur-
der of its unoffending inhabitants. The pow
| er of Congress to exclude slavery from the
territories of the United States, which had
been exercised without question, by frequent
| and repeated enactments from the foundation
| of the government down to 1848, has been
recently declared to be without the pale Of
the constitution, and the extraordinary
doctrine is now promulgated that the consti-
tuition itself legalizes slavery in the territories,
and that Congress has consequently no au-
thority to prevent its introduction. This
doctrine of the present executive of the gener-
al government is sought to be confirmed and
established by the opinions of majority Of
the judges of the supreme court of the United
States, the highest judicial tribunal of our
country OF these opinions of the judges the
legislature of this state at the last session ex-
pressed by resolutions their decided condem-
nation, in which condemnation l fully con-
cur. With strong habitual reverence for
judicial authority, when exercised within its
appropriate sphere for the determination of
individual rights, confess have not high
| regard for it when sought to be extended to
political questions. The history of our pa
rent country furnishes many examples of
judges, learned and eminent, whose extra. .iu-
dicial opinions We're sought and obtained by
the government for the purpose of crushing
out the rising spirit of liberty among the
people Indeed, for the character of the .iu
dicial ermine, it is to be lamented that
judges, OF distinguished legal attainments,
have often been found giving countenance to
oppression and wrong by ingenious and tam
citul constructions, and that English liberty
/ hos ham Gva1 Grp, fnpnI,
tions, not by the aid of judicial efforts, but
by overcoming them. There is reason to
hope that the extra-judicial opinions of the
majority of the judges in the Dred Scott
case, contrary as they are to the plain Ian
guage of the constitution, to the facts of his
tory, and to the dictates of common humani-
ty, will meet the fate which has attended
those Of the judges in the parent country,
and that liberty will be eventually estab-
lished in spite Of them.
The extraordinary persevering exertions
which, during the past year, have been made
by the chief magistrate of the nation to pre-
vent the people of Kansas from excluding
slavery from their SOIL by imposing upon
them constitution which he well knew
they loathed and abhorrod, furnishes new
and alarming evidence of the aggressive
character of the slave power which controlled
him, and shows that the principles of justice
and of popular sovereignty stand no more in
the way of its demands for political domina-
tion than do those of the constitution. The
near approach to success, by congressional
legislation, of this attempt to stfe the will
of the great majority of the people of Kansas,
is calculated to excite strong distrust in the
continued success of our republican institu-
tions for if the principles of right and JUS
tice, by the influence of government patron
age and party discipline, can be thus out
ragged and overcome, our boasted democracy
will be but another name for despotism. II
is, however, matter of just pride and con-
graduation, that these efforts to impose a
slave constitution on an unwilling people
have as yet proved unsuccessful, and that the
people Of that rich and growing territory
} boldly defying the threats of executive power
and nobly spurning the offered brides Of gov
ernment patronage and lands, have, by al
overwhelming majority, declared their love o
freedom and their adherence of slavery. The
, people Of Vermont, mindful Of the history o
its early settlers in their struggle against in
justice and oppression from without, have
: deeply sympathised in the extraordinary anc
: protracted suffeiings Of the people Of Kansa
7 in this cause of liberty and right, and nov
greet them on the favorable prospect of a hap
. py and successful termination Of their parti
otic labors.
But must now bring this communication
which has already occupied more space thai
intended, to close. In the exercise of th
extensive powers, both of appointment ant
: legislation, with which you are entrusted,
have no reason to doubt that you will be gui
: ded by sincere desire to promote the happi
e ness and welfare of the people and bringing
S with you from all parts Of the state an init
: mate knowledge oftheir situation and wants
T. ! cannot but anticipate that the result of tn
d labors of the session, which you are nov