The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1858-10-20


or. Whatever may have been the effect
of this law at an early day when credit
was comparatively limited, lis present OPP
oration is, in my Judgment, unlavorablc
to the business interests OF the community.
1t 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 crod-
itors, by allowing the most greedy and un-
scrupulous enc TO obtain his whole debt
from an insolvent, TO the entire exclusion
Of all others. II furnishes also TO the dis
honest debtor convenient mode Of de-
liauding his creditors, by procuring his
property to be secured to himself NY fic-
ticious attachment. would therefore
earnestly recommend the passage OF an
act that shall provide for the equal distri.
button Of the proceeds of the property at
tached, among all the attaching creditors
Forming portion Of the general gov
eminent, we are deeply interested in the
measures and character OF its administra-
ton. and few words in reference to them
viii not, ii is believed, be deemed out of
nlsoc in This communicated,
The marked general feature Of the ma
tin,al Government far ssycr,I ,rors ,os,
has heen its entire disreo.rd and abandon.
ment Of some Of the most important prin.
cipes, which We're considered as political
axioms by the fiamers of the constitution
and acted npon as such in the earlier and
purer days of the Government and indeed
down to a very recent ner;oj This has
been more particularly manifested in 20.
ference to the subie ct Of slaverv.--TLus.
the principle ofnon.interyention which nm.
piled the obligations of common honesty
and fair dealing between individuals. to
cur transactions with other governments,
has, with a view TO the extension of the
area of slavery, gwen rlace to the dctesti.
bic doctrine that national convenience
forms a sufficient justification for forc.
bic appropriation TO our own use of 3
foreign territory und its peonle and in
accordance with which doctrine. counter.
ance and encouragement, have been given
to the lawless invasion of such territory.
and the most barbarous and cruel robbery
and murder of its unoffendnp inhabitants
The power of congress to exclude lavcrv
from the territories of the United state:
which had been exercised without question
bv frequent and repeoted enoctments from
the foundation of the government down 10
ls4S, has been recently declared to be
without the pale of the constitution and
the extraordinary doctrine is now nromul.
gated that the constitution itself lecolizes
slavery in the territories. and that congress-
has consequently no authority to prevent
its introduction. This doctrine of the
present executive of the general govern.
ment is sought to be confirmed and estab.
lished 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 iudces
the legislature Of this state 1t the last SEES.
sion expressed by resolutions their deoi.
ded condemnation, in which condemnation
fully concur. With a strong babi,ual
reverence for iudicial authority when cx.
ercised within its appropriate sphere for
the determination Of individual rights, I
confess l have not a HIGH REGARD FIR II
when sought to be extended to political
questions. The history of our parent
country furnishes many examples Of Judges
learned and eminent, whose extra.indicial
opinions we're sought and obtained bv the
government for the purpose of CRUSHING
out the rising spirit of liberty AMONG the
people. Indeed for the character Of the
judicial ermine, it is to be lamented that
Judges, of distinguished legal attainments
have often been found giving countenopce
to oppression and wrong by Ingenious and
fanciful constructions, and that ENGLISH
liberty has been fixed uron its presont firm
foundations, not by the aid of judicial eff.
forts, but by overcoming them. There is
rea.o on to hope that the extra .iudic;ol
opinions of the majority of the indces in
the bred Scott ease. contrarr os tbev ara
to the plain language of the constitution
to the facts OF the history md TO the die.
tates Of common humanity. will meet the
fate which has attended those of the ;udoes
in the parent country. and that liberty
will be eventually established in sn;te ~
them.
The extraordinary nersever;no exert;ons
l:I L. Al