Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1875-03-03
The Caucus Bill.

Judge Poland obtained the floor for ter
minutes, Saturday, and opposed the caucu;
bill He opposed the first and second sec
tionS of the bill because the OffenseS therein
described were offenses against the state
and not against the United States. UC
argued that the power given to Congress
in the Constitution to call out the militia tC
repel invasiOns. referred to invasion by Z
foreign foe and bv an armed military force,
though the :" guarantee clause > in the 4tl
Section of Article ". might we'll include
IN irruptiOn into one state by an armed
military from another. The protection
contemplated was by military force to
drive away or destroy the invaders, and
not by legislation. The invasion must be
an invasion in reality. 1t would not do
to create an artificial. sham invasion by
law, and to punish it by penalties. To
make IN unlawful, intermeddling by two
unarmed men against any state officer OF
state law an invasion within the meaning
of the constitution was Il mere sham and
farce. Even if congress had the power
he did not believe that there could be any
necessity for it to assume jurisdiction over
Ot1enses that were clearly within the pur-
view of state power, and that were pun
ished by the laws of every State. The
fourth section of the bill provided for pun
ishing State officers for violating state laws
but he knew of no authority in the Con-
stitution which clothed Congress with any
such power. He objected to the 18th sec
ton, authorizing the suspension Of the
writ of habeas corpus. 1t was not claimed
but that the courts in all parts of the Union
were open, and i'll the free exercise of theil
full legal power and jurisdiction, nor that
the Executive officers of the law could moi
perform their duties, serve process, Oh
make arrests anywhere and everywhere
the fact that the laws We're not we'll al
ministerial that Judges were partial OF
di>rcgardcd their duties, furnished 10
ground for the suspension of the writ
1t had never been supposed to be ncedlu
or luStitiable to suspend the great writ o
personal liberty, except in times of grcn,
danger, when the officers and tribunals o.
the law We're powerleSS or were 50 OBJ
structed is to be practically unable 10 en-
force the laws or afford protection to per
son and property. HIS opposition to tn,
section did not in the slightest degree inn
ply distru>t in the prudence OF patriotism
of the present Executive He would trust
him with the power rs readily rs any Pre-
sident that the country ever had; but til,
right of the citizen to have the question o1
his right to personal liberty examined :,nd
decided should only be denied when the
national safety it>lf was in peril The
remainder of the bill WAS substantially
the bill rep, rted by the Judiciary Commit
tee, known rs Judge Whites bill and Ii,
should cheertully support it; but thai
Committee had never dreamed Of sucl
remedies a> this bill Proposed and, tol
one he could not support them.
The most eloquent speech in support d
the bill, was that of Mr.. Burrows. O
Michigan. He referred to the speech %
Mr. " lizard of Michigan, against thr bin
and he said he iii not believe that thai
speech reelected lhe sentiment of the stat,
of Michigan. H. spoke of the crime:
that had characterized the last decade
which had been represented IL that c.
Southern repentance and Southern loyalty
Ii the history OF the South tur thc-,. tn
years could ic written in all it holrihl,
details. Ii would pres, NJ one of the black
est pages i'll the peaceful anual, of tn
civilized world. In conclusion lie said
d" Men of the >,uth. til f. is a ro:ll /,
peace. and there i b,it one road Il j. I'll,
peaceful solution of all our diiiicultic,
whether You pursue il or not i Il mllt,l
of Your own free choice. | j. i highway
on which, if You 60 bat walk. y"u vii
have speedy and enduring peace, and I'M
cNamplc.I prosperity. Men If all parties
even my colleague (Ar WIlarJD ear
commend it. for II j. ua~trlictrd 10y no con.
>tltuiional doubt-, bat i paved with tn
Federal compact. 1t is lh>: Strip til,
Itil,.,,II-