Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1869-03-11

nv recent occurrences tudt cuCTOoCuuiChtS uPSh
the Constitution cannot be prevented by th'
President. however devoted or determined NJ
may be; that unless the people interpose, tnef.
Is no power under the Constitution TO checK
dominant majority Of twO-thirds OF the Congress
of the United States. An appeal TO the natioi
ia attended with too much delay to meet an
emergency, while, ifleft free to act, the people
would correct in time such evils as might follow
legislative usurpatiOn.
There is danger that the same power which
disregards the Constitution will deprive then
of the right to change their rulers, except BY
revolution. We have already seen the jurisdic
ton of the Judiciary circumscribed when II was
lpprehended that the courts would decide
against laws having for their sole object the
,o Of T IN The the ssi1 for
the interest and protection OF the people, ana
exercised by Washington and his successors.
has been rendered nugatory by partisan major
ty of two-thirds in each branch OF the National
Legislature.
The Constitution evidently contemplates that
when bill is returned with the Presidents OBJ
jcctions, il will be calmly reconsidered by Con-
gress. Such, however, has not been the present
party rule. 1t has become evident that men
who pass bill under partisans influences are
not likely, through patriotic motives, to admit
their error and thereby weaken their own or
CARNATIONS by soemnly confessing it under the
official oath. Pride of opinion, If nothing else,
has interviewed and prevented calm, dispas-
sionate reconsideration of bill disapproyed by
the Executive. Much as venerate the Consti-
tuition, it must be admitted that this condition
OF affairs has developed defect. which, under
the aggressive tendency of the Legislative De
partment of the Government. may readily work
its overthrow. II may, however, be remedied
without disturbing the harmony of the instru
ment. The veto power Is generally exercised
upon constitutional grounds, and whenever IL IL
80 applied and the bill returned with the Excel
lives reason for Withholding his signature, il
ought to be Immediately certified TO the Sn-
preme Court of the United States for its deci-
sion II it, constitutionality shall be declared
nu hat frih "A
But if the legislature il otherwise, il should
fail, without the power i'll Congress to reinact
and make 1t valid. In cases in which the veto
rests upon hasty and inconsiderate legislation,
and in which no constitutional question il in.
yolyed. l would not change the fundamental
law-for III such cases the permanent evil can
be incorporated into the federal system. Ii il
obvious that without such an amendment the
government as II existed under the Constitu-
tion prior To the rebellion, may be wholly sub
ycrted and overthrown by two-thirds ma GRITTY
in Congress. tbs not, therefore, difficult TO see
how easily, and how rapidly, the people may
lose (shal not say have LOST their liberties, by
an unchecked and uncomfortable majority in the
law.making power; and whenever deprived OF
their rights, how powerlcss they are 10 regain
them.
Let US turn for moment TO the history OF the
majority iii Congress HhlCh has acted IN such ut
disregard Of the Constitution, while publi-
attention has been carefully and constantly turned
20 the past and explatei sins of the south, and
he servants OF the people IN high places who
nave Dolby betrayed thCir trust, broken tneiI
lath OF obedience to the Constitution, and under
mined the very foundations of liberty. justice
add good government When the rebellion was
pcing suppressed b. the volunteered services OF
patriotic soldiers, amid the dangers OF the battle
field, these men crept without question into place
and power IN the national councils. After ali
Danger had passed, when no armed foe remained,
when penItent people bowed their heads to the
TIA. and reueuc cd th-ir allegiance TO the Severn.
nent of the United States. then 1t that pre-
tended patriots appeared before the natIon and
bcg gan 10 ptate about the thousands OF lives and
millions ut treasure SACRIFICED III the suppression
II the rebellion. They have since p-rsistently
sought 10 Iniiame the prcIudlces engendcrcd be-
tHten the sections, to retard the restoration OF
peace and harmony, and by every means 20 keep
open and exposed to the poisonous breath OF
passion the terrible wounds ot a four years'
war.
They have prevented the return of peace ana
The restoration OF the Nor, and in every way
|. rcd deiusIve he purposes, promises AMI pledges
~ which the army vas marshaue,i, treason re-
Juked and rebellion crushed, and made the lib
rites OF the people, and the rights aua powers Of
he President, objects ~ constant attack,
They nave srested from the President hi N
stltutlonal power Of supreme command Of the
army aHd navy.
ihey have destroyed tie strength and efficiency
II the Executive cpartment by making suborII-
nate officers Indcps nden1 o., and able 10 defy the
chef
They have attempted to place the President IN
ifr the power OF a Told, defiant aud tretch,Ious
.4b net offer
They have robbed the Executive Of the prr-
ogafive Of pardon, rendered null and vuIl tho
trt~ Of clsmoney granted 10 thousands OF persons
Iud-r the provisions OF the CONSTITUTE IN. am
tymmitted gross usurpatlon by legislative at
rInpts 70 exercise this power IN favor Of party
tGhercuts.
They have can.rired 20 change the system Of
pur Government by pretcrring ohaTg sa2iinst the
r. esd emit ia the torn OF articles OF iInl
aud contemplating, before u hearing or trial
has ne should be placed arrest hold III
lUTancc, and, when II became ihclr pleasure To
pronounce his sentence, driven from place and
20 yer i'll disgrace.
They have time Of peace. increased tile ma
ional deht 10y a RECKLESS expenditure OF the pub
&c moneys. aud thus added 10 the hlrlcns YhI.n
aueady weigh upon the pcope.
They have permitted the nation 70 suffer tho
wills OF dcranerd currency, 10 the cUhunCaInpu
prlCe Of al the ncressAIles of life.
They have maintained a large standing army
tpr the enforcement ct their measure, Of opprr--
sIpn.
They have engaged IN class legislation. and
auiit up aud encouraged mpuopolios, that the lew
might Dc enriched n the expense Of the many.
They have failed 20 act up n important tr.tties
hereby endangerng our pcttciu relations with
iorrlgu powers.
tied 10 inroads upon the Executive Department
by unconstitutional and oppressive enfctmen,
he people OF ten States Of the Union have been
re tuced TO condition NOR, intolerable th4 fhat
from which the patriots of the revolution rcbeed
Millions Of American citizens can now say I Their
pppressors with more truth than our fathers did
u Blush th9t ''fley have ff bild+u
Government to pass laws OF immediate aud press
tnS importance unless suspended unil their
assent shall be obtained; that they have refused
pas other laws for the accommodation Of larg-
IL ricts oil people unless these people would re-
.lnqush the right of representation the Iegis-
azure, right iuestImdbe TO them aud fOrInid-
tble 10 tyralt only that thcv have made Judges
iaues u I ne t amd 1 tan payment Of the
salaries; that they have erected a multitude Of .
new Offices seiit hither swarns of officer. to
and
that they have expected TO r. nder the military iu-
dependent and superior % the civil p wer com
p'ned with Others 10 subject us 10 jurisdiction
foreign 10 our Constitution and unar knowledg.d I
by our laws; quartered large bodies ~ armed I
troops among us, protecting them BY "A mock trial
nom punishment Tor any murders which they 4
should commit on the inhabitants OF fhcs, states;
imposed, taxes up n rs without our consent de- i
HrIvtd IA III many cases ~ the benefit uf tIill bv
Jury taken away our charters iuc tel domestic
amongst US: abolished our most 4
valuable iaws altered fundamentally the forms
li our Govtrnmt nj suspended our own Lsgislat- .
res and declared themselve. invested with power
% lcsiola'e Tor Us IN all cases whatsoever
Thi' cralnsuc II crimes, long it is, is not
get complete. Tic constitution rests upon the ,
judicial power OF the United : 'ates ii our SUI
creme Court, whose jurisdiction shall extend 10
al Eases arising under the constitution and laws
d the United States. Encouraged by tins prom
- OF a r.tuge nom tyranny. a citizen OF the
United States, who. by order of q military COM
n nicer, giv.n under the sanction OF a rIel aud
deliberate edict OF Congress has been denied the
constitutional right OF liberty. OF cunscicrce of
freedom of the press and of such pcr-onal ffee-
lon from military arrest, Of b, ing held 20 answer
or crime only upon the preseutneut of an indict.
nent, OF trial by jury, OF the writ of habeas cor
ous, and the protection OF civil aud copstitu-
lonal government. A citizen thus deeply wroneed
tpp-as toHhe supreme Court for the protection !
him by the organic law OF the land !
At once fierce and ruthless majority BY the
ruthless hand OF Legislative power stripped the
srnine from the judges, transferred the sword OF
Justice TO the general, and remanded the oppressed
itizen to degradation and bondage worse than
leath.
1t will also be recorded one OF the inarycls of
he times that party claiming for itself n mo-
lopoy of consistency and patriotism and boast
ny OF It's unlimited sway, underworld by a costly
md deliberate trial TO impeach one who defended
ne copsiN luton and the Union, not only through
nut the war of the rebellion but during the
whole term OF office a. chief magistrate, but a,
he same time could find no warrant or means al
heir command to bring to trial even the chief Ct
he rebellion. Indeed the rema rka HE failures Il,