Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1866-04-13

TWFdffI I
execution q Any such ss'utes may be punished 'nf
that Is msde va objection TO This bill. | admit that
mins,cfal officer ur Judge, n he acts corfupuy VIZ
ously n the execution unaer color n an illegal act,
may be and ought 10 be punished Sir, what is a crime
violation OK some public law, 70 constitute which
e. according the definition in some Of the law books
70 constitute crime there must be violation Of public
law in the commission Of which there must be uni
os joint operation Of act and intent Of criminal negligence
aud judge Who acted nnooenty, and not vclously
opprtssively would be convicted under this
But sir, y he acted knowingly, yieiously, cppressy
ly, In disregard ola Law Of The United States repeat
he ought to be punished and II 10 anomaly 70 pre-
scribe punishment in such A case Very soon after |
the organization Of this 9oyernment, In the hfst Jears
Of it's existence the Congress u the United States pro
,ided for punt hing officers Who der color q State
law violated the laws Of the United States read om |
the twenty sixth section Of passed In 100 pro
yting the pnnis ment Of certain oenses against for
sign ministers, copsuls &C.
"rhat any shall forth
ss any such GSp Se sss
Al officers 1Sy sqG VIZ Fl p9s gs1ss se, sS
80
a,ee ,es o. asS 8S al & derstoa n he court
BY this provision all officers executing any writ or
pfocess violation OF the laws Of the United States are
to be subject to much longer imprisonment than is
refer also to the Rrst volume Of ents Commentaries
in which the author spsasi'g Of the statutes Of NeE
aThs penalty Of slOo given favor q ,ns party az
greysd ssu, s.t 2hSs ana very member 'fo' '0a as
10 grant writ q habcos eorpm where the party is
"Ths AsS.as eeP q Mississippi makes the refusal
9eseet Of any gase OF judges 70 grant me writ an hish MS
On ace 6tg tue author says;
"And aaay Il any person solely Or As = member o. any
such party BE- iofis,us Iehaly Of 2aoo me psT sgse,a
asd imprsonta5 Mt
Tits applies to tny member Of the court who knovif e
" feimprissus person who has once been discharged
on a Wi Of habeos corpus should ks 70 know II the
freedom of discharged by wit q kabeas corpus
Is any sacred than the freedom Of she negro di
charged from bOndas by the great stuonAl amtnd
ment and II IL is my worse TO penish judge VINO IN
ief color Of law undertakes TO deprive n his hbay
poor African reed bondage by the Constitution Of
bis country ,han It Is TO punish judge Who reimnrsons
man once discharged on wit Of hdbeas c0fPtsf
Sir, there is no novelty in these provisions and the tues
require them.
But, cir, there is another answer, in my judgment
more conclusive to all u ese objections 10 this stco
Section which is The vital part OF the bill Without IL
would scarcely be worth the paper which II is witt
ten law without penalX' without sanction is Of
Legislature 10 say DO this, and orbear 10 do that, II
cons, quente is TO follow the act Of disobedente
This is The vitality q the bill What Is he objection
that is made to it, and which 10 have strg
geTed some fiends Of the measure IL il bee il
reads in the hrst section hst any person who under
color oftw SHAH commit these Often shalle suble
. 20 the penalties Of the law. suppose these words had
been left Out aud the bin read, any person who shall
subject Hny ubabitant Of State different punishm
by Of his color shall be put ihed would th,re
u have been any objection 10 the bill then That is q
way most criminal laTs read. hat is the way The Law
Furnishing conspisoits against he Goy,rnm' mt fac
II two or persons conspire together TO overthrow
the Governmenp by force to resist its authority they
&c prtonment the penitentary and TO heavy fine Would
the fact that e persons ngsgd in the conspiracy
% judges OF Go1einos OF ministerial othe@s, acting undt
Il The color OF aiy statute custom, tcrttn them u
puniflmUt} Surely not
? There words +" under color Of law inserted a
e. words Of limitation ard Tor the purpose Of punish
rs ing persons who ould not have teen subject puni,h
,e ment under the act II they had been omitted II
1t fnse Is con itnd pgAnu col,red person simply be
cause he s cooftd in state where the law afods bin
e the protection y he white This n,ihe
a as nor was intended 10 hsNe any thing TO do with
N n.g hoo d D. T.. a..
cours bt 10 he Is disT minated against under toltT
vs. State LAWS bcsue be cooed tntn II becomes
III tafy 70 iniufeie for his protection
h. The assun p.ion that State Judges and ether ofid
81 are not 70 be hed responsible for violations Of UIe
Nv States laws. when done under ole Of STATE statutes
~ customs IS AKIN 10 the maxim the Fl gsh lsw ,ha
n the King can do wrong. IL laets feiss above D.
ny law It's The very doctr ne out Of which the ret ell
70 was Matched.
be E,ep hing hat was done by that wicked fort to
II tuin ,ut Go,tfI mtnt d,n under color OF law III
ielels insisted hat they bed tight 10 stotce Ihs
IL eInmtntr and al that they did done under culv
as law Al II IaIes oomnitp gnhtse high crimes
d. to free becaute h,y acted under coor aN Why
- not Jf Davis and e'e'y other rebel cbir discharged
a. once Why did this ctuntry put forth oil Tvs
y Of mn And money 10 Tut down The rebellion sRans h
us authority Of be GoVHnmeut except 1t had night
as tysn as against those Who acting under &C Tor
n law Lee with his abel hodes, thpIdeiing uttn th
= outskirts Of his very Cy, WAS acting VI dei color of 4
III Rvery Judge who hAs he cturt in the southern Stat
be for he last four years and has itd snd onVc'td
nd 'r'nson men guilty q NO other 'hepse than Loyalty
ye the Union, acted under co OF o. Law.
ne Sir, If we lad auhony by the use Of The Amy
he he war power t. put down rebels ac under col,
oflAw, fut the question 70 fv0y lRvJti We bad
lie authority 20 DO hat 'hiouh the eours Al the jude
~ tribunals II been pEctisabei WHEN msy you
ri 10 war When you cannot Gcoomplh the just ob
n, Jet Of The IN any ether way The d,hier
u cry 20 aims a, the appeal TO battle Tut il il b
h. 2, ssibe pui down on irsuIeeor. 20 prevent
linsuon against she 0oyOrntlt aud "a punish sistn
n for utntu and un,IirAcy against Ne GSyeTpn "a
w. without tsoit 20 am the Gcveun ert not
~ has The power bur Il is its duty 20 do IT, Suupose
ad hffV ma is to
vol the Legislature, which convened at Montgomery az
pr undertook 10 iahe ihe state Of Alabams out Of
., Union ard 'el up a government ~ hostility thereto
T. ouehi II not lave BEEN done9 Was not that on
"A sphAcy ~ arst ths GoNtrmeft When the Legis d
Nv tuie ss'tnbsd at MsnRoney in 1861 and esovtd a
ne The com cotton beiwee~ Aahbms ~ IN Ult STATE
Dissolve and when its mbeis took steps To mau
~ tain that declaration wh'n the ssne iIn was done
South Carolina, and toutts were organized to carry
me The fchtme, will any hody tell would have be
mpeent had ii been aeti able Tor the United STATE
lis courts in those state TO have issued The b.
rect every one Of ibose gslatcrs Governors Judge
ne AID all Al sir had this bttn done, and il bad
no ed cut upon NAL that airy Ct the parties arrested hs
nd been ngsRtd in AIMED hostility againtt he Uni,,i
re States as some Of thin had been when with II
W. their hands they ttiz'd he anenals chs pu Il
property Of the uned States would they have bee
,." found guily Of r'ason and hung for TREASON An
he would the fact that hey had acted under color Of lAe
Of have amor ded hem any protection
re- kiI " is competent. ard always competent to d
on through he judicial tribunals all that is necessary
he prevent OF suppesss rebellion, and i, is only when III
esstbnoe is too formidable to be BY the cd
mary course Of judicial proceedings thAtA
l. justbhbe. A nation has no light 10 20 10 war vii
es another nation until il FIRST tAhausts all means Of
at ptaotable solution of the difficulty. II 1t accom-
by plhh the end through peaceful means 1t not only ha
OF The right. but II is It's bounden outy to do so
L. ,hall be paIdoned, trust for reading In this cot
1t, Dettou sentence nom the proclamation of AMOR
yh jackson buried against the notification oIdif Ance
n, South Carolina which undertook ul the laws
n Congress and set th,m defiance Tequir, its toe
TO kNtaI a6gaI carolina and al their ALE
to the United States After IecitDg the illegal Sctio
Up Of South Caona, stating what her ordinance Was wha
proposed to do and what the citizens Of Ca DINA wer
I'd yropoSig TO do under color Of ta authority Geners
CO JAos said
H. 81 consider then, the power 10 snnui u the Unite
stat = assumed by state, iIc mpAthe with
tbe unon eunTAdetd expressly hy the letter VI the Con
Ch principle which 1t founded, and destructive
-. the great o. lrct for vhI It was foTmed.h
az The right "a pussfh persons who violate the laws
s the United States OF b. quts ned, and ths ~
Of that ~ dong 90 they acted color u law usse
40 in any locality affords protection, because y u
~ Constitution that inruumtBt and The laws passed il
40 pursuance h' are the supreme law Of ihe snd
.yty Judge not only OF the United States Of even
a. 8 ave cOutt, is bound thereby
40 But says the President " do not apprthend that III,
- conflicting egslation which the bill seems 70 oonien
of this time TO adept Of such doubtful oonstitn
he uoRay', That se@tepent makes II Necessary thai
4, shsud advert 10 The facts and show whether hsTe Il
my likelihood Of such conflicting legissusn and m,
testimony comes from the President himself or ihosi
N acting under his suthsIty.
n, l hold in my hand commune alton from Colone
" De Oress, adofessed 10 General Howard az d dated
Houston, TeNAs, December rs 1885 IN wbich he sAys
ID have The honor TO respectfully report that in po