Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1862-04-29
9anasoation and the Constitution.

o'i''lSo@'ioH On" VIC "ons'i'"'t0"'
no" l"F oonsFess '''9 q ribn' +" ~ :" t''''"5
a"y geoeFai conliscaIlon @ct' Is " qUe''''" VT
gave consequence var Oo's'ilu'on vas
h"aed VITA great care 10 huafu we l'5"" VI
toe PEOPLE. The men VINO agreed 70 u nag Jus'
.ss41 thsongh reVouuoh 70 achieve '"ef III
dependence q desPouc government i"'y
were exceedingly jealous OF Ihe Pre'og""'e' W
la@et and c4eIdiIy guarded tne Government
ir.m tAe possibility oil practising upon 'ne p.o-
l"a in' absolute despotsm q "u FIe'lo"s' v
icdy OF men. And m they nae tins reasonable
apprehension 81 tas tendency "a "l' govern
m'ate 10 ora" % themselves IuHcioDs ' P'"''
'aat lld not liSaluiiy oeions - men, 1"1 Y
. natural law % drift toward desqotism rather
than freedom, they carefully put barriers % Vie
uaoof tins natural progress. These restrictions
.ron government are various Frequent cleo
ton. - one Of them Freedom Of speech ana
%. .bc press ia another. But neither Of these is
D. more consequence 20 the freedom Of The pao-
re. tHan the separation OF the government into
distinct departments, and giving the making Of
tc laws TO one department, the administration
81 them to another, and the Interpretation Of
them to still another. rhls leaves the E2ecu-
tive with no power to declare what shall const-
iute crime, and the Legislature no power
except in cases Of impeachment-lo determine
vic s criminal, and the judiciary no power to
make the laws by which crimes are to be tried
Dag our fathers hardly content with this-and
perhaps melted BY their fresh recollection Of
some of the arbitrary acs Of the British govern
ment against them in their rebellion-took one
further precauton, and, while giving Congress
power to declare the punishment OF treason,
withheld from it the power to pass any bill Of
attMnder, or &C post jdcfo law
Dill OF attalnder Is dehned by law WRITER'S
70 be an act oil Legislature which declares GER
Tain named persons to be guilty, ana InIilcts up
on them capital punishment OF coh'iscate'
'harproperty' me La5'slatufe' ~ S"cH an ac''
usarPa the functions Of INC Juulclary' ana &C.
prites the pe"on mus a'taIhVeu oil ms right TO
IAl by me ordinary forms OF law Inc pro-
intuition IN respect TO ef posi- fdcfo laws IS heiu
" apl'y 70 crul"'4 Avs ana 70 prou'ol0 W.
l''''l5' VI any law ~ ""''" "' "o' % ''''''0'
y = y ''i'' ""' '''''9 t'"''''''''o'' -
"''''" " 80 NV " VIM " '''' P'''''''0 VI Wy
"''e.' ''e punishment - '''o' ''''-'' -
"'''' is'' ''''e'V' 70 i''o''Vu ''' '''' ''''o'''
w." was 'e40'rs' "ueH '''' ao' "is 'o"''n'''eu'
l"' li''lS'o" Vi '''' Oo'N'''''''" ID ''''o'-
Ioseo oy "ouy persons as an li'ul eiAole oo''''
cle to The risht Of Congress to pass any general
conascatlon bill but we hardly tunk 1t should
Lave Inat force Inc DANGER tuae '0e cianS'
was intended To guard against was tue Hsurpa-
non oy congress Oh JUDICIAL luhcuoHs' not ohiy
defining che punishment oil crime, but deciding
upon the iect' designating the CRIMINAL ana
passing the sentence No one, that we are aware
OF desires to have Dill oil TINS description passed
Bat the most prominent eonilscalon bulls before
Congress obyIate tins difficulty by making par
tcalar provision Tor judicial process, the law
on'y defining the crime ana the punishment us
m other criminal statutes And these bills-at
least such of them as have the remotest posi-
miiy OF passlng--also avoid the erpoA tacto OBJ
lection, by referring onl y to crimes to be com.
United alter their passage leaving the rebels
"ao' prior to It's passage, repent OF their crime
and sop IN their treason the benefit OF the law
=, Il. l.. Al
as 1t is' which only hangs them without taking