The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-27

sit down satsnea WIN ne deceon OF that tribunal upon
A ne ss a. yi. %Iy u.
oas mnuiea desire that senators from The North should
Tss % ss that the
the two sections Of the country should rest upon the de-
eion Of the Supreme Court TO the constitutional mer
for the North when he says the North is willing to come
forward and meet the South upon this settlement of the
issue hazard nothing in saying that the South is pre-
constitutional rights, to submit the question 10 the SUI
ems Court, and hold all action and all legislation
which may affect i in allegiance until that decision shall
Mr. BUTLER am bound to interfere in this matter,
because the question put by the senator from Florida
should not 60 without some explanation AT the time
the bill relating 10 the Territories under consdem
ton more than year ago. the South would have had
opportunity to have settled this territorial question, and
during that time must have had some rights within those
% far as my friend from Florida in saying that would
Itceesher acquesce in the proposition to subject the
body like the Supreme Court Of the United States after
all the advantages given TO our opponents by the opera
tons Of the government in California and New Mexico
to nterpose at this point Of his argument will beg leave
10 read an extract from the famous report Of Mr. Mad
SON y and Of the celebrated Virginia
concnded then as now, BY certain statesmen, that the
action OF Virginia. Kentucky and certain other States
had been precpltats and unushable in striving in the
tonal legislation the part OF Congress, and that the
Supreme Court Of the Union ought alone to be appealed
TO- Listen to Mr. Madison, who, lover Of the Union
and faithful exposition OF the constitutions has never
been surpassed:
II the deliberate exercise Of dangerous powers, p'pa
bly, withheld by the constitutions could justify the parties
70 y In interpreting far the progress
evil and thereby 10 preserve the constitution ITSELF well
as 10 provide for the safety OF the parti to H. there would
BIO end 10 all relief from usnrped power and direct sub
version Of the rights specified OF recognised under all the
state constitutions as Well as plain denial OF the funda
mental principle which Independence itself was de-
UF3u, i, n oh;ectoa a. ~ ,to ;dio., .h.;, Il h, 10 "a
garded the sole exposition of the constitution in the last
sort; and may be asked for what the declaration
by the general assembly, supposing II be theoretically
uue could be required at the day. and in 50 solemn
'sOn this objection it night be observed first that there
may be instances Of usued power WHICH the forms Of the
dcal Departments secondly, that the decision OF the ju
dietary be raised above the authority of the sovereign
carried by the forms the constitution before the judi
ciary, be equally authoritative and final with the de-
objection is that the resolution Of the general assembly
lsss % those great and extraordinary in which all
the forms oil the constitution Intellectual against
inictons dangerous the essential rights of the parties
ns @ @ thai @ not
other departments, but that the Judicial department also
grant Of the constitution and qsenty, that the ul
mae right oil the parties to the constitution TO Judge wheth
tend violations by delegated authority well as by
snotherby the judiciary well by the executive the
legislature
However true therefore, il may be that the judicial de-
parments Ia all ions submitted by the forms OF
the constitution 70 decide m the last resort this resort
thorties Of the other departments oil the
oompaci from which the judicial as well as the Other de-
partments hold their delegated On another hypoh
authority dsissang il and the concurrence q ibis de-
department with the others in usarped powers might sub
preserve
Mi. PHELPS. Mr.. President, apprehend there is
nothing in the which has been read which bears
on the course OF remark which was pursuing What
intended TO illustrate was this should this law, often
sve to the people of the South receive the sanction Of
Congress, there is still constitutional tribunal to which
they may appeal for the Interpretation Of the consiu
ton, and for the purpose OF determining whether this
thai decision should be against the validity Of the law
most clearly the South would be satisfied: we should
have no southern war growing out of such decision.
gressn this particular be established, il will them
remarked before, rest with the sovereign States OF this
Union TO determine whether they longer adhere TO
the constitution thus expounded by the judiciary depart
ment OF the government The extract from the writings
Of Mr. Madison asserts the ground that these sovereign
Thsy be seT
will longer continue in political community have
expressed no doubt on this point The idea intended
to convey was this: that will be abundantly in season
for the southern States TO take this into consde
ration when they have exhausted their constitutional
MI FOOTE The honorable senator will pardop me
for suggesting that he has most evidently mistaken the
character OF the crisis of 1885, and has especially mis-
conceived the man oDect oil those resolutions. Secs
SION was not then looked to- mainly least but the ar.
red unconstitutional by rene
dues, whllst the Union should continue.
MT. PHELPS. Certainly, certainly; and have no
objection to any constitutional mode OF operating on the
action OF Congress- My remark is not directed to any
constiutional mode but the remark was and repeat IT,
let the constitutional modes be exhausted before separate
independent Stale action shall be resoed to- not called
Tor and not warranted by the constitution Sir my OBJ.
Jet IN aiuding TO this to show gentlemen that much
OF the excitement which have prevailed on this
subject s IN my Judgment premature. II we differ on
TINS important point let us debate II among ourselves ill
we can settle Tor ourselves II the question is still
unsettled, let the constitutional tribunals pass upon IL
When they have settled the construction OF The consu
hon, of the States OF this Union shall feel that that
tribunal has proved recreant to its great trust and has
combined with the other departments OF the government
pervert the constitution, then the time may have ar
nvcd when new and different modes OF redress must be
Iesorea Sn, hope and trust never shall arrive
mat point In my humble judgment, we never shall
come TO foi with the good sense the patriotism and
devotion 10 the Union which peryades, believe the
whole American people. that good sense will, in my
Judgment arrest the course of violence and faction long
Sir, was Tenarking that upon the occasion OF the
presentation OF that bill before the Senate there seemed
70 be, on all sides, perfect willingness to submit the
question, about which we differ, TO the constitutional r
bunal am not authorized TO say that il that bill had
been assed and the matter had been referred the
Supreme Court for is adjudication and the decision of
that tribunal had been adverse TO the petensons OF the
South-t does not become me 10 say what would have