Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1859-01-21

the white the Supreme Court u theOnited states
are bound 70 respect.
Your Committee. aNer deliberate examination, Of
oriniou that all free persons " whatever color in the
United States in any Territory born In this country
are citizens II born in foreign land they aliens
until uaturaised That this is principle u universal
application 10 which there is NO exception by the Con-
siuon Of the United States, by the Constitutions Of
any Of the States by the decisions of any Court un
Ill recently The only disabilities, therefore, existing TO
citizenship in the United States alenage in the free
and slavery the slave States The ono is removed
hv naturalization the other by emancipation. All free
negroes therefore citizens, and have always been 80
regarded from the revolution down 20 the present time
The highest judicial tribunals u the slavehodng states
have, rom the foundation Of the Government, con-
santy recognized this principle. In 1888 the supreme
Court OF North Carolina. in very elaborate opinion de-
veted IN the Of the State Manuel laid down the
doctrine distinctly. that
Foreigners until made members Of the State contn
ucd aliens slaves mauumitted here became frecmen
and, therefore, II born in North Carolina. cfrI-
zESs or Norm CAROLINA; and all free persons born
'rithin The State citiseHs o. ne State
louisiana Alabama Missouri Kentucky, and most OF
the other saSehodng States, have recognized this doc
irne by Judicial decision and by statutory provisions.
On this point also the articles Of the Confederation de-
cared that
"The free inhabitants of each Of the States shall be
entitled to all Of the privileges and mmunities Of free
citizens Of the several States"
When therefore, nth Carolina moved TO amend this
article by inserting the word "wbte before the words
free inhabitants" the amendment lost bya vote
81 four one showing clearly that the statesmen and
patriots Of that day were most emphatic in their decision
against iniug the right NJ citizenship chc iuhab
only II was with full knowledge Of this fact
and Of this thatthe Constitution Of the United States
was afterwards formed. which declares that
The citizens Of each State shall be entitled all priv
ileges and mmunites Of citizens in the several States
The right, therefore to these privileges and mmunities
by the citizens Of each State Of whatever color
pexon, when in another State, including the right TO
bring suits and be made party in the Courts Of the United
States against citizens Of other States your Committee
consider fundamental riqhta right uuqucstoncd until
now since the formation Of the Government Any viola
ton therefore, OF this right is equal violation Of the
Constitution of the United States and Of this State
and any Constitution form Of Government, which
would pcrmi; the rights and liberties of its citizens thus
10 be put ia jeopardy destroyed, IS worthless aud
meyer binding free people.
Thus your Committee perceive that by these doctrines
and by these decisions Of the Federal Administration
and the Federal judiciary II carried or; to their ce
conclusions Vermont il poNcIlt and free
State is powerless, in defeure Of ihe citizens
Their State Sovereignty is gone. IhcN mere sstt
lites. fechy revolving round great power One
consolidated Government. and only exists the
head Of which stand the President and the supreme
Court Like the upper and the neither milestone, these
two ceaselessly at work. crushing the rights
and liberties Of the masses as well Of the States.
But these States and the millions Of people who nhahit
them, will not always amrly arquicsce in these uncOut-
tutoual cncr0achments on their rights The numerical
strength and the moral power with them, and II INIT
ed the people Of the South an questions "
fectng their interests, the time is distant when the
Constitution shall be rescued from the hands NJ the de-
stroyer and the States and people restored to their lost
rghts-whrn Freedom shall again be the rule and slavery
the exception Even now the indications are strong
that submission has ceased 10 be virtue The attempt
20 0Tce slave Constitution ON the unwilling people ui
Territory and Slavery the free people OF the States
has aroused those States and peopc from Maine Della
and from the Mississippi the Atlantic The pow
NJ the hallnhoX aud legislative power have not been
invoked in vain New-York has stepped boldly forth
and met the bred Scott decision with law which de
ares the rights Of citizenship to MI her people. born
there. nauraized Of whatever color Maine, Massa-
rhusefts, Connecticut and Rhode Island have through
their Legislatures spoken defiance to Federal agrees
sipns and Drcd Scott decisions, and It is confidently
hnrod thai Vermont VIII m Difference to the thousands
NJ her citizens who have come here by petition, adopt
measures which shall Mt least, freedom every
percn within her borders
II will be that the rights NJ the States and the rem
cdies indicated to great extent already discussed
iu this report The Constitution Of this State declares
Tint frequent recurrence 10 fundamental principles.
md firm adherence 80 Justice are absolutely necessary
70 preserve the blessings Of liberty and keep governments
Now. as the enc,oachments Of Federal power have
hren in consequence Of departure from Fundamental
principles we'll special proyisuns) declared in the
Constitution yonr Committee have preferred in the rem.
dy proposed 10 carry out practically and faithfully. by
law, some Of these great fundamental principles. The
Constitution ofihe United States aud Of this State,
where recognizes the right Of property in man The prac
iieal operation Of this doctrine will be in the
uutons and bill reported. Again, the Constitution oil
the United States declares that person shall be de-
rriyed Of life liberty property without due process
Law. What could be more appropriate then, than Ia
practically enforce this provision Of the Constitution by
law which should secure It's benefits to every person with
in tho State Constitutional language is used 70 en-
fnrce Constitutional provision and this makes the
edy complete.
But there Is another remedy IL is true in
the adoption of which this State only with her
sister States vet. il adopted, your Committee are Of
opinion would be efficient in restoring the Constitution
It's primitive meaning. thus securing the rights Of the
citizens and Of the States. The Judges of the Supreme
Court, constituted, an irresponsible body OF
men. They are not elected by the people directly
responsible to them They are chosen by the Senate
the nomination Of the President and the Senators are
themselves elected for six years. The Court u.s. there
fore responsible II at ALL TO the President and Senate
and not to the people. Moreover these Judges are
certed for fe and cannot be displaced except by I'M
peaehment, which history shows is rarely, II ever
sorted To. With such Court, the liberties Of the peo
pie ever in danger What they about pcopl,
from whom they so far removed The Judges with
out check or CONTROL except by the President combnt
with him and with the General Government legalzt
oppression and wrong Instead Of Judges they be.
come tyrans, breaking down the Constitutional guar
antecs Of freednm to build up and strengthen sectional
interest with which they are identified
That this is correct representation Of the power and
despotism Of the Federal Judiciary will quote an au
thority everywhere acknowledged and especially by Tho
Democracy 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 20 friend, thus speaks this subject:
THE Judiciary of the United States is the subtle corp,
of sappers and miners constantly working under GROUND
70 undermine the foundation Of confederatcd fabric
We shall see II they bold enough take the darnp
stride their five lawyers have lately taken II they do
then will say that against this every should rails,
his voice, and more. should upift his arm"
The next year. Mr. Jefferson wrote to Mr.. Thweat a,
ollows
81 am sensible of the inroads daily making by the Fed
State Governments. The legislative and executiv,
branches NAV sometimes err. but elections and dcpen
dence viii bring them rights. The Judiciary hrnnel
is the instrument which, working like gravity wthou
inlermssion is to press at last into CONSOLIDATED
mass"
Again, in a letter to Mr. Hammond under date O
August 49, 1921, Mr. Jefferson wrote
" 1t has long, however, been my opinion, and | hnv
never shrunk from its EXPRESSION that the germ of dis
solution Of our Federal Government in The eonstitu
ton OF the Federal Judiciary An irresponsible body
uor impeachment is scarcely scareoTow) working lik
gravity by night and by day, gaining little to-day and
little tomorrow, advancing It's noiseless step over IN
field OF jurisdiction, until all shall be usurped from tn
states, and the government of all consolidated into one
Thus speaks Mr. jefferson. and thus does he truth
fully portray the present Federal Judiciary, even to N
during stride their IRE kaicBers hare knteiy taken"
His Exoeeney, the Governor Ia his Annual Message
the sentiments of which, this subject your Commit
tee fully endorse, has well said, that English iber
has been fixed upon its present firm foundations not b
the aid Of Judicial efforts. but in spite Of them"
No judicial efforts in England it is believed hav
exceeded equaed in atrocty, those Of our own cnun
Try and more especially those Of highest tribunal
Your Committee are Of opinion that ii should be th
ann Ot the States not only overcome these iudca
efforts by legislation, but TO labor unedy for suc
alteration Of the Constitution will shorten the term
the Once OF the Judges TO at least four years. and pac
their election directly in the hands OF the people Tn
President and Vice President should also be chosen b.
the direct vote of the people, without the Intervention %
Electors In the resolutions submitted will be foun,
the proposition for this purpose.
our Committee cannot close this report without apnir
aiuding 70 the Constitution Of the United States mas
much the whole question under discussion so far a.
II regards the rights OF citizens aud the liberties az tn
people, depends upon the construction placed upon tina
instrument
In conclusion, then, and in review, after full exami
nation and deliberaton, your Committee would ohser,
Of Tho Iof,et f.tt,, 10