Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1894-04-06

Congress or the validity or construction of
a treaty is in question; cases in which the
constitution or law of a state is claimed to
be in contravention of the constitution of
the United States. Cases appealed from
the highest court of any state the supreme
court may review as heretofore.
In the circuit court of appeals, as in the
supreme court, cases come to the court for
consideration only on appeal, or on what
is known as a writ of error.
While the distinction between the iuris
dicton of the Federal and state courts is so
clearly and absolutely defined, it still re-
mains true that certain Fundamental rights
of the people under the constitution are in
effect guaranteed by the Federal courts; for
instance the right of protection against
unreasonable search or seizure without due
warrant; the right not to be held for any
infamous crime unless on presentment of
a grand jury; the right not to be put
twice in jeopardy for the same offence: the
right not to be compelled to criminate ones
self; the right not to have private prop
erty taken for public use without just COM
pensation. These and other fundamental
principles of individual right would be
taken up and regulated by the federal court
should any state court or legislature at
The great source and fountain of all
power which upholds every judicial pre-
cept and legislative enactment is the cit
izen soldiery. The sheriff with his posse
comitatus makes every citizen soldier,
and the citizens patriotism and love of
country make him rally to the defence of
law and order upon every call. This power
vested in the people has carried the gov
eminent through many trials, and in the
speakers opinion, is destined to make it
triumphant over all adverse influences for
ages to come, 1.-THE shining star in the
galaxy of nations
In the discussion which followed the
paper, Commander Brown spoke of the
scope and power, and of the authority for
Independent action, of courts martial in
the army and navy.
Judge Wheeler, in a very interesting
talk upon the subject Of the paper, called
attention to the remarkable fact, new to
most, that it is the courts which in reality
make the laws. Ii one was to ask any
lawyer, for instance, for the laws of Yer
mont, lac would be shown the revised stat
utes If the visitor were to ask for the laws
of the United States he would be shown
the latest compilation of those laws. If he
were to ask for the other laws the lawyer
would point to all the other books in his
library-the great body of the common
law, as defined by the courts, and handed
down by the masters in their profession
body OF written law which extends back
to the 18th and 18th centuries. 1t is the
decisions of the courts which determine
the laws. Probably no law can be found
saying that a man must pay the note
which he has given; but the courts say he
must pay 1t, and their decision fixes the
law. Judge Wheeler described more mi
nutely the procedure in the various courts,
and especially in the new circuit court of
appeals.
At the election of officers for the ensu-
ing term Judge Wheeler was chosen presi-
dent O. l.. French, clerk and treasurer;
DIR. Holton, Principal Horne and DR..
Thompson, executive committee.