Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1859-06-10

and fundamental guarantees Of the Consiitu-
ton, and disregardng in its provisions even
the dccencies Of legislation, as if for the very
purpose of irritation and humiliation, and the
fine and imprisonment under it Of White men
for the exercise of .he instructive virtues of
humanity, TO awaken general inquiry
That inquiry is now going forward. -
And so surely as the matured conviction Of
the mass of intelligent mind in this country
must ultimately control the operations Of
Government in all its departments, so surely
is this question not settled When 1t is set
tied right, then it will be settled, and not till
then.
But, contemporaneous construction is APP
pealed to. admit its weight, and its title
to respectful consideration. But cotempora-
ncous construction speaks with a divided
voice 1t is true Congress, as early as 1893,
lcgislOtcd for the return of fugitives from la
Dor. But nearly if not quite every one of the
old States had also lcgislated on the same
subject in iulillment of what they deemed a
matter of constitutional obligation resting on
them And such legislation on the part OF
the States. old and new. continued until the
Supreme Court of the United States, in the
Prgg case, as late as 1912 nc Peters, $50, )
assumed for the Federal Government exclu-
sive authority over the subject. And those
who appeal TO cotemporaneous construction
should themselves respectit. From the foun-
daton of the Government until within the
last ten years, Congress claimed and eXcrcls-
ed. without question, full and complete legis-
lative power over the Territories of the Unit
ed States and as early as 1923, in American
Insurance Company agt. Canters Il Peters,
j16) the supreme Court Of the United States,
Chief Justice Marshall delivering its opinion,
unanimously decided that in the Territories
Congress rightully exercises the combined
powers Of the General and OF State Gov
eminent Yet in the recent case of bred
Scott agt Sanford 10 Howard, 293) all this
is overturned and disregarded, and the whole
past theory and practice of the Government
in this respect attempted to be revolutionized
by force of judicial ,pse diri. We are thus
invited by that Court back to the considera-
ton of first principles and neither it nor
those who rely on its authority have right
TO complain If we accept the invitation
know of no way other than through the
action Of the State Governments, in which the
reserved rights and powers Of the States can
be preserved, and the guarantees of individual
lloHltN DC NANAlIhltQ 1 nc ulnNulN OF AulH
country, brief as it is, already shows that the
Federal Judiciary is never behind the other
departments of the Government and often
foremost in the assumption Of non-granted
powers And let it be finally yielded that
the Federal Government is in the last resort.
the authoritative judge Of the extent of its
own powers. and the reservations and limita-
tions of the Constitution which the trainers of
that instrument SO icalously endeavored firm
ly TO fix and guard will soon be. 1T they are
not already. obli,erated and that govern
ment the sole possessor of the only means of
revenue in the employment of which the pco-
pie can he kept ignorant of the extent of their
own burdens, and with its oycrshadowng
patronage attracting to its support the ambi-
tions by means of its honors, and the mercc-
nary through the medium Of its emoluments.
will speedily become, If it be not already
practically omnipotent.
These were my opinions. freely declared,
for years before ] had the honor Of seat ON
this bench and having learned nothing dur.
ing the tendency Of these cases to change.
but much to confirm them, know no reason
why should hesitate to avow them now
] give my voice in favor Of the discharge OF
the realtors.