Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1861-11-22

4
the United States aud whenever they have pronounced
opinion whether II agrees with my previous views OF
not am bound " sustain that court as long as their
opinion appropriately announces the law Of the land
And Il is with that view that for one, the matter is
now shall give my vote for this bill repeating certain
The remarks Of his friend rom Windsor mir Powers,)
whom he took occasion 20 commend iof HanAness anu
0utspoken candor, whose views wne pc oleh dsagfsea
agree with. His friend had said that be would not re-
peal certain laws upon our statute book that were not In
accordance with the decisions " the supreme court DC
cause the court might day take occasion TO make
different decision. Admit that It might, was 1t safe
legislation 1t being true 20 our oath to support the
constitution Of the United States, 20 say that although
the highest tribunal Of the land had decided the law 70 be
proper and constitutional we will not respect that deci-
SION becauset is not precisely IN compliance with our
views There was safety IN reasoning in this way
There we're powers above who were 20 consituc the
laws who say whether they in accordance
to that would override the decisions Of this high
est tribunal because in our Judgment they had erred In
coming 10 their conclusion IL not the way we
reasoned in regard 20 legislation. Here, when
the supreme court decided Law 10 be in accordance with
the constitution, IL Is duty 10 yield TO their decision
anu DO nothing ~ aiegisau'c capacity uAt Mouir '''
to say that did not bow with reverence TO t Then
these rvs were not in accordance with the supreme laws
OF the land what was our duty To him % was plainly
Co adhere 90 the supreme laws II we did not agree with
them must wait until some decided ~ our avof
isfend had referred TO the south and said they paid
regard to the constitution and the laws South Caro-
lima he had nstanced This alusion he regarded As par
uculary unfortunate, for that state was the hst TO rebel
illustration for the gentleman The gentleman
who had retired Wheatland had been spoken " and
his opinion quoted. II is another unfortunate iustfa
ton Tic who had allowed our arcnas 10 be robbed and
traitors to carry of property dangerous leader
We must go to the general government, and not to the
state courts FOR decisions In regard 20 these matters II
we nrglcct 10 do that make the laws. which should
be merely questions Of jurisdiction, questions Of force
II the ncd states Marshal attempted 90 carry the
law Of the United States and the state attempted
sst him, II became question OF force IL was quc'-
m Il q Of uf
be in the very spirit which is ~ rife ia the
South Ii was never TOO late To do right The laws Of
Vermont In direct contradiction 10 the laws Of the
ud and whether rcla ing TO this question or any other
IL never too late get hcm of our statute book
The time had when we can purge ourselves from
this great wrong The practical effect he cfea nothing
about The question was, had We @ right 10 pass such
laws lie did not refer particularly tn the yeNcd ques-
ton ~ slavery n mattred NOT whether ihc laws re-
frrcd % subject another. lie had no idea ~ voting
for this bill in order To- make capital at home or tickling
the ideas Of his constituents but under bis idea Of
supporting the laws " the United states and making the
laws Of the state conform 10 them.
Mr. Powers favor VI the motion 10 postpone this
bill though he should not have made H. He was willing
% meet IL upon that well upon the question OF en-
grossmont. had became true that The people thought
Tor themselves. Formerly they relied more upon courts
% decide. II might De improper for MIN To discuss
questions Of constitutional law but it inhrmy Of
his and folks must put up with H. lie had mentioned
that the best talent of the Sujk bar had opposed the
decision NJ the supreme court II would be fair that
others should. lie thought il not 70 be demanded that
we should Weld 90 law like the fugitive slave law on
account OF decision Of the supreme court, where
there such probability of error II had been said
that the supreme court " the United States was the last
resort aud that there wasuo middle ground of opinion
or action According To Judge STORY the owner Of the
slave had right to his slave Vermont and could he
claim his service and could take him and return him to
slavery The slave according TO the constitution must
be returned TO the person to whom the service is due
The question was 10 whom is the service due There
must be trial in such case and by Jury. l. ht
70 have such tia ia the State and the United States
supreme court has no Office to perform until the case is
carried uu from our rours No did not beleyc the re-
- 81, a have ia
restoring peace any thing Of that sort His conf.
dence in the supreme court went as Ear as they acted
/ properly.
MIR Edmuuds wished to be understood that this ques.
ton not which the Judiciary committee desired
10 keep before the Senate. IL merely question OF
reason. lie argued that there ought to be conflict
between the laws OF the and the laws Of the land.
Mr. Wheeler opposed the motion 10 postpone The
motion was rejected by the following vote
Ioas.-Messrs Hubbard, Judevine Powers. Rice
Robbins, Starr, Taylor, Wheeler,.-8
, Nays -Niessrs Beaitic, B'eoher Bentley. Brock
Burton, Dillingham; Edmunds Hall. Harris fotchkiss
jackson. Morgan stevens, Stewart White Willard
Woodbndge.-l7.
Mr. Willard moved to lay the bill upon the table,
which was rejected by the same vote
The amendment Of Nj Willard to strike out the fig
uIe six in the I'd section Of the bill rcjectedyeas Q,
The bill was then ordered TO engqossment and third
reading! TO g. being the reverse Of the first vote
above Adjourned.
HOUSE.
The House eoncured with the Senate in their amend
ment 70 the bill to incorporate the Derby aqueduct
The committee mileage and debenturos submitted
report, which read, and motion the report
committed to the committee with instructions to max
up the mileage In accordance with the resolution nsuc
ing them 10 compute the same by the shortest pracc
route used in the transaction Of ordinary private bus
ness.
Engyossed bin Relating to supplies for the Vernon
troops, (nuthorizing the Quarter master General 1
ward to the Vermont troops all donations Of clothin
and hospital storesl passed.
Senate 6ia-ro expedite introductory proceedings
courts Of Law lost
On motion Of Mr. Cu,hman Of Rochester the lou
Z Of he VIII uut he TO
P the militia.
4 The committee on rising reported progress, and az,
ed leave 10 sit again, which was granted Adjourned.
. TUESDAY, Nov. 10.
!. SENATE
Prayer by the chaplain.
d Bilh introduced and rcfcr,d-By Mr. Edmunds,
a lating to bills Of exception the Judiciary.
e Mr. Powers cAcmpdng state bonds from taxation
a com on finance.
q Resolutions BY Mr. Starr nstructiug the secretary
d provide for the printing Of the legislative manual in
% appendix 70 the journal adopted
IS BY Mr. Dillingham;, as follows.
llhereas il is desirable TO aid and encourage 70
! serving the United Statos out " the State
l. Vermont, TO send home all their wages, which they Ct
r reasonably spare; therefore,
T. Reo'red BY the Senate AID House Qf Representatives.
That the Governor Of this state be requested appo
an agnt for ihi' state, 10 vst the camps Of each Ie
,e mcn' OF such volunteers, the times they 20 be
apcet,ely paid Off TO receive and bring home, ard =
In deposit, directed such as any Vollntt
II may deliver to him for that purpose
n Rcsotred hat the Governor may prescribe such pl
!, aud regulations fr the guidance n the agent in
prosecution Of said business, 10 him seems
proper
/ Resoired When an arrangement under the allotme
Is system q the United states can be perfected which
the opinion Of the Governor supercedcs the reed su
n agency, be is requested to discontinue the same.
Mr. Willard raised the question u the necessity If
), approval and signature Of resolution by the governor
The chair thought ithot required
l. Mr. Willard moved an amendment making the sala
|. Of such agent not TO exceed 81 01l.
Mr. Powers did not know which ought 10 be the syst,
y adopted by the state, the appointment of agent
n old hoincnt system The salary proposed he thong
il inadequate.
B. Mr. Willard thought the resolution should be oonsid
IN ably changed before it became Law, and moved its
"a ference to the judiciary com
Mr. Dillingham; thought It's taking this course Of ref
ence would defeat its object must necessarily
y come matter of discussion.
" Mr. Powers thought IL ought 70 be len discietionl
with he governor 10 adopt this system the aotme
system, but favored the reference the report
q early as possible.
q The reference to the committee agreed to
BY MIR willard, tby unanimous consentl directing I
,f secretary Of provide for the printing Of the
"a OF the extra session Of the legislature in April as
adopted.
NJ Rqor.-By Mr. Stewart, for com on judiciary rep
ing To the inquiry Of the Senate that convent,
n time for holding The Of the supreme than
" month Of November In favor Of bill providing for
d employment Of necessary clerks In the executive depa
ment; third reading ordered.
"a By Mr. Hall, for claims. bill for the relief Oft
y town OF Essex ordered TO lie. IN favor Of bin rcati
10 supplies Tor volunteers; third reading ordered.
al EEsroseg bH.-fonato bin regulating and cquazi
h. the assignments OF insolyeHt debtors opposed
MI Powers the ground Of its producing great anou
a. OF hugauon, the inslvent not being discharged.