Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1850-02-14
the judiciary as well as by the executive or the

aHowever true, therefore, it may be that the
judicial department is, in all questions submitted
10 il bv the forms of the constitution, TO decide
in the last resort this resort must necessarily be
deen,e5 the last in relation to the authorities OF
the other departments OF the Government: not
in relation to the rights ot the parties 10 the con-
sritutional compact, from which the judicial as
well as the other departments hold their delega-
ted trusts On any other hypothesis, the dele
CATION of jndc al power would nnnul the author
+ iiv defeating it; ard the concurrence of this
department with the others in usurped powers
might subvert forever, and beyond the possible
reach of any rghtful remedy, the very consli-
tuition which all were instituted 10 preserve"
Mr.. PHrIps. Mr. President, | apprchend
there is nothing in the extract which has been
read which bears on the course OF remark which
was pursuing Whit intended to illustrate
was this: should this law, offensive TO the people
of the South receiye the sanction OF Congress-
there is still a constitutional tribunal to which
they may appeal for the Interpretation OF the
constitution, and for the purpose oil determining
whether this body has transcended ITS powers ar
not Nell sir. if that decision should be against
the validity of the law, most clearly the South
would De satisfied we shopd have southern
war growing out of such decision Should the
decision be o,h,ruis Use, and the power OF Con
eress in this PARTICULAR be established, it will
Them as | remarked before, rest with the soycr-
eion States Of this Union to determine whether
they can longer adhere TO the constitution thus
exDounded by the judiciary department OF the
Government The extract from the writings of
Mr.. Madison asserts the ground that these SOW
cIeign States may after all, Judge for themselves.
Certainly they may They must be their own
Judges whether they will longer continue in our
political community. have expressed no doubt
Of. this point The idea in'en ded to convey
was this; that i: will be ahundanty in
for the Southern States to take his matter INTO
consideration when they have exhausted their
constitutional remedies.
Mr. FoorE. The honorable Senator will plr-
don me for suggesting that he has most evident
w mistaken the character Of the crisis OF IDS.
and has especially mlscunceved the main object
of those resolutions. Secession not then
looked To- ,nainly at least, but the GyTtSt Of I'M
constitutional legislation By constitutional RENE
dies, whilst the Tn on should coAtnue.
Mr. PHELPs. Certainly, certainly; and have
no objection 10 any constitutional node OF ope
rainy on the action Of Congress. Ally remark
is no. directed II any cOl>tnu lnnal mode, but
tie remark was, and | Tc0eat II, lei the cnnStuu-
tIonal mo.,cs be exhausted before SCI ardte, IL
dependent 5 ale action shall be Tesurtcd Ia, 10,
called Tor and not warrin,ed by the Constitution.
gentlemen that much OF the excitement which
secns tu have prevailed OH ihiS subject IS IN 10y
Judgment. premature. II we diti,r on hls Ia
purlant poEif, ict us debate II roug ourselt e.
tili can settle IT for ourselves. II the Qncs-
ton Is III unsettled, let the constitutional tri-
bunals pass upon It, When they have settled
the construction ot The consiiiutiOn, If any OF
the States OF this Union shall Zee! HAT that lri-
tuns has proved fccreint 10 liz great trust aud
has coHbned with tie other depanmen;s of tie
sovernmen; to percft lie constitution, ten The
time may have ariiyed when new and different
modes oil redress uus; tie rcsuriod 10. SIR,
hope and trust never III i arrive at That pom.
Ia my humble lnd -mert, we never sUall come to
Ii; tor win the good sense, the patriotism aud
devotion to the Unlsn which pc vades, beliey-,
The whole Aaeii.an propc, that good sense
VIII, IN my Jndgn ert. est the course OF NI0-
lence aud faction long before II reaches that eX-
IRENE.
SIR, WIGS remarking that, upon the occasion
of the PRESERVATION o. that bili before the Sen
ate. there seemed To be on oil sides a perfect
willingness 10 sabnit the question, about which
We differ, 10 The Constitutional tiOuna. | an
no, authorized to say that II that bill had beeu
passed, and if the matter had been referred 10 /
Tue Su2re.ne Court Tor us adladlcallon, ant The
prelcrisols OF the Suuth-it does not become /
me u say what would Lave been their future /
course: but, sir, oesire TO know whether there
no., al thus ulomen', the same readiness To try,
for the frat instance at least, tic Constitutional
remedy, before other and mo,e extreme meas
ures should be adopted SIR, that was, IN my |
Judgment. the correct method That bill. II Il !
had been properly understood would have been
satisfactory TO the enire people OF the Union
but IL was unfortunately the victim IF Jera rogue
ism-tbc expression is peshaps a harsh une-n
was unfortunately the viclln, OF mlscouceptlon /
ard nisr, presentation on the Fart of me whose
policy /, was 10 keep no the excitement. The
people of The n nth were made To .lieye II IN
yulyed an abandonment of their p,eten.i,ns
when. IN reality. 80 far as The powers of Con
oress could 90. II was orecisely tae reverse. l.
- r. y, ~,
o's - ST ,r, e.'., - '"U'e
"''e'i'' VI nv ~" ""' e'l0'''VH !" '"e
rep It ., ''e Go'n at. e' as .he very '1ot 'n-t
unue' az ''',s ~" n'es 'n'' eonstlueunl'
qief'''i' -'n.'e WIS s'ou"u ~, WIZ V'e!
were "iiins ~ i's' ''''i' o''',"s Ina OH mas
oee'i ea''eu Io"'f''o"rs1' 4 vas s"en III enc
aspt't @n'! CH".e ' '"e S'a'.se %eupn
40 '',s No''"' "''.'. 'ei ~ ,'ie SUM te
eoa1''.u'''na. que1.'o" upon "''''" ine 'a'ioiy
Vi p quay ae'i'.. W pe" ..s'n ,h