Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1859-07-15
that Of Mr. fancy, was but short time aver
..;..l = Al. Oh; Of Exennfire MAGISTRATE of

To the honor Of the judiciary, one Juuge, anu
he the most learned upon the bench, was iound
faithful among the faithless. MIR. Justice Cur
It's declared that without violating duty ne oould
not follow Mr.. fancy in dis 'ussing matters not
before the court; and true to judicial principles,
said che did not hold the opinion OF that court
or any court, binding, when expressed on cues
ton not legitimately before it. He did not iall,
however, thoroughly TO examine the question De-
| fore the court and showed that upon that, the
opinion Of the Chief Justice was illegal, as was
the demagogical harancue Of Mr.. fancy.
| The Chief Justice had declared that, in the
year l1SS, the coored free men in all our states
| bad no natural rights-"no rights which the white
| man was bound to respect'-that "this was an Ak
| iom in morals as well politics tney
we're not citizens in any of the States-and that
therefore they could not be then, nor afterwards,
/ citizens Of the United States.
/ Well did Mr.. Justice Curtis overthrow TINS
monstrous assertion by pointing TO the laws OF
! five States, among them North Carolina, whlen
gave free colored men the full rights Of cltlzens
enforcing this by the decision Of Judge Gaston OF
North Carolina. He pointed also to the History OF
the Articles of Confederation GIFTS, winch maue
"the free inhabitants Of each state citizens WIN
out distinction of COLOR and to the efforts OF South
Carolina to restrict this citizenship TO whites et-
forts in which only one of the thirteen Joined her
Mr.. Justice Curtis might also have cited the stat
ute of Virginia Of 1888, which declares that all
freemen are citizens, and which repeats the law OF
l799 that limited citizenship to whites
Carving the opinion Of the Chief J Justice to MS
logical result, ar. Justice Curtis showed that 1t
implied the power TO change our Republic to can
oligarchy in whose hands would be concentrated
the entire power Of the Federal Government
DUTIES OF CONSERVATIVE CITIZENS.
Against doctrines and conduct so destructive 20
free institutions i behooves us all on this day,
solemnly to protest. On this day again, II be-
hoovos US 10 remember, that an injury done to the
humblest among us whatever his color whatever
the country Of his birth, Is an injury done TO us
all.
An who believe in Natural flights. and all who
uphold existing things, are fere called upon to
act. In presence ofusurp1ti On, il becomes most
especially the duty Of all conservative men Of the
country t. come forward.
I honor the conservative who stands tho guar
dian of order, of existing rights and of instituted
liberty. and who gracefully yields at last TO the
| progress of an advancing civil zation:
"Who serves the right, and yields to Tiqh alone
But We have among men who. calling them
/ selves conservatives, conserve nothing, and VINO
| YIELD not b. the advances Of civilization, but 70
the encroachments Of barbarism; whose whole
| conservatism is constant concession; who tell rs
| they are 'as much opDo.ed TO barbarism as any
| one, bu they wouldn't meet it on the field OF
| politics-''as much opposed TO crime ~ any one
| but they wouldn't hear n warning voice raised
against it from the pulpit; their politics arc too
| pure, their Sunday sumbers too precious to be
! disturbed BY any illusions 10 such exciting mat
| tiers thu advance Of crime. And 81 they 90 on
-conceding evervthing.-not TO civilization, but
| 10 barbarism-not 70 liberty, but 70 hberticde,
backing down before every presum ptnous A.
| gresson-down-and down still-until thew fall
| among the lost ones whom Dante has described.
! Let rs not speak Of them, but look and pass
| Mon y1qion7m u lor qR1rd7 p7yS7.
We have however, among us some real conser-
vatives-and many intelligent end worthy who
neglect the privileges shall not say to duties,
Of citizenship. and who either from indifference
from false fastidiousness abstain from the polls
To these men I would on this occasion specially
appeal. You complain that your vote il only that
of one, and that however great your intelligence,
however profound your learning. il all be
outweighed by the vote Of the most simple. Hore
! there is opportunity for effective action-here
! is the occasion foreseen by the sagacous Story,
when he placed the security against a trcsDass bv
| the Supreme Court upon the known principles Of
law, in the intelligence the integrity, the learn
ing and the manliness ofthe country, which would
| keep watch upon their proceedings.
Here you may exercise that knowledge AMI the
! influence which it may carrywith it. Bring that
! knowledge and influence 10 bear upon the judges
! who have acquiesced in that oeplorabe prosttu-
ton Of their Office; aid them 70 the error n
their ways; point out them he fountains Of that
/ law Of which they are the ministers; draw them
gen " back 70 appreciation Of those elementary
principles Of jurisprudence and Of judicial action
hih coon, ba,-o ,esso5 from their memories.
furnish the Chief Justice with conv Of the STAT
utes Of North Carolina and Of Virginia; persuade
bn 10 read the history Of his country; tell them
all not in anger but in sorrow, Of the disastrous
Consequences Of their example; show 10 them that
Whatever f@etitiouz po-rlaritv NAV follow tboir
conduct the wise and the good are not with t7e-n
! and that, though they NAV have Senate az their
heels ready To print and circulate their opinions
| through the country a. the public eZrense-the
] arrer1 6 81. IL g =
| them in the present, nn1 tho Muse Of History
chronicle their names i'm the black catalogue Of
unworthy Judges.
And if with all this YOU find them deaf 10 your
rernonstrsnces, unwilling 10 purify Tho ermiuo,
which confied to them, has been dragged snd
soiled,-if, uncor scious Of
g. their foul disagreement,
They boast themselves mora conely than before
you will at least have the satisfaction Of knowing
that You have done something to serve yourcoun-
try.
But this conduct Of the Court. though at FIRST IL
may most shooy the student Of history. and the
jurist conversant with those PRINCIPLES which thro
the long struggle between arbitrary power and
right have been evolved rs the guaranty of Justice
between man and man, this usurpation on the par:
Of the judiciary comes home to every oua-to the
rich as vol as the poor-to the powerful well
the weak-to the wise well as the simple-to
the white well the black.
To-day liberty is sttacked-to-mo-r0w 10 may
be property. Let this be calmly acqujcscel in,
aud no interest however respectable, 10 right
however s1cred, is safe in opposition to the
monstrous conduct of these Judges, all Ct US may
cord ally unite,--in this all shades Of party may
blend; for no party, however strong 1t may an-
pear-hOwever great the selfish interests it may
suppose to be fattered-no party can long bear mp
under the opprohrium # a measure which tends 70
= \
harmonious balance Of the power delegated by the
people to different branches Of their government.
and leads logically on 10 despotism or % revulu-
ton.
Let Us, therefore, all join efforts 10 restore
the purity Of the Judciaryto aid it to recover its
self-respeot; and having done this. let as -rove
that our celebration Of this day is no mere empty
show. by honoring the immortal truths Of the
Declaration, and by earnestly cndeavoring in the
future to act up to thom. Let us rally around tho
Constitution Of our country, which guarantees Trial
by Jury TO all-and which in its own words, was
" ordained to establish Justice and secure the
blessings of liberty" let rs drive far AWAY the
corruption in power, and make Justice and Lbofy
the persistent rule Of action Of our government
Then shall we offer an acceptable tribute TO the
memory Of those who founded our Republic; then
shall our country present a cheering example TO
other nations struggling with oppression; then,
true to itself, it shall be stationed,
80 ht "a oeuouctuI StdF loI al 10 gaze AT
So nigh and glowing, that kingdoms fa- * foreign
Shall by it read their destiny
HIGHLG Law rRrUMpH ~ OHro.-Tne
Oberlin rescuers were released FROM Jail at
Cleveland On the 65h, 4 great triumph
for the anti-slavery men. Il appears that
the prosecutions against the Oberlin people
were instigated not by the Kentuckian7 who
had lost a slave, but Y the democratic officials
of Ohio, as mere partizln movement and !
to put themselves in good position with the
powers that he at Washington. When the
kentuckians, who had been sent for rs Wit /
nesses against the 0berlin people, wore them
selves arrested and held for trial rs kidnap- |
pers' with fair prospect that an Ohio Jury |
would convict them and they bescnt to the |
penitentiary, they complained bitterly to the |