The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1850-02-05

a,ors from the North should le tested upon
this point The gentleman says That the
North is contented that the issue Of this
question between the two sections Of the
country should rest upon the decision Of the
supreme Conrl as to the constitutional mer-
It's Of the issue Now. sir, | ask him whether
he speaks for the North when he says The
North is willing 10 como forward ard meet
the South upon this settlement of the issue.
! hazard nothing in saying that the South is
prepared now, conscious as she is that size de-
mands only her constitutional rights, to sub
nit the question to the Supreme Court, and
to hold all action and all legislation which
may affect it in allegiance until that decision
shall DC had.
Mr.. BUTLER. am bound to interfere in
this matter, because the question put by the
Senator from Florida should not 20 without
some explanation At the time the bill re-
lating TO the territories was under consider
alton more than year ago, the South would
have had an opportunity to have settled this
territorial question, and, during that time
must have had some rights within those ter
rtorics secured to her by Congress but do
not go so far as my friend from Florida, in
saying that ! would altogether acquicsce in
the proposition to subject the rights of four
teen sovereign States to the decision of
body like the Supreme Court of the United
States, after all the advantages given to our
opponents by the operations of the Govern.
mcnt in California and New Mexico
Mr.. FooTr. If the honorable Senator will
allow me to intorpose at this point of his ar.
gumcnt, will beg leave to read an extract
from the famous report of MIR. Madison, cx-
plauatoiy and vindicatory of the celebrated
Virginia resolutions of 179S-'99 II will be
recollected that it was contended then, as
now, 10y certain statesmen, that the action
of Virginia, Kentucky, and certain other
States, had been precipitaie and unius;iiable,
in striving, in the mode then adopted, TO ar
rest the course of unconstitutional legislation
on the part of Congress, and that the Su
preme Court of the Union ought alone to be
appealed to. Listen to Mr.. Madison, who,
as lover of the Union, and faithful ex-
posi'or Of the Constitution, has never been
Surpassed
aft the deliberate exercise of dangerous
powers, palpably withheld by the Constitution
could not Justify the parties to ii in inlerposina
even so Ear as 10 arrest the progress ofthe evil
and thereby to preserve the Constitution itself
/
ties TO it, there would be an end 10 all relic
from usurped power, and direct subvcrsion o
the rights specified or recognized under all the
State Constitutions, as well as plain denia
of the fundamental principle on which our in
dependence itself was declared" .
"But it is objected that the judicial aulhoril,
is to be regarded as the sole exposition of the
Constitution III the last resort and it may b,
asked for what reason the declaration by tn,
General Assembly, supposing it to be theoreti
cally true, could be required at the present day
and in so solemn manner
On this objection it might be observed, first
| that there may be instances OF usurped powe
which the forms of the Constution would new
er dra within the control of the judicial de
paTlmcni secondly, that, II the leciSion of tn
judiciary be raised above the authority Of tn
sovereign parties to the Constitution, the deci
sion of the other department, not carried b.
the form OF the Constitution before the Judi
ciary, must he equally authoritative and lina
with .be decisions OF tina, department. Bu
the proper answer TO the o, lection is, that III
resolution Of the General Assembly relates
those great and extraordinary cases in while
all the iormSo OF the Constitution may prove il
e1ecual against attractions dangerous to III
essential rights of the parties TO it, The resC
luton suppoSes that dangerous powers, not de
egaled, may not only he uSurped and execute
by the other departments, nut that the Judicia
DEPARTMENT also may exercise orsanction dar
gerous powers beyond the grant of the Cons,i
tuition; ard, consequently, that the ullimat
right OF The parllesio me constitution to Judg
whether me compact mas peeh DANGEROUSLY Y
oia'e,i must eA'eHu 10 Unions ~ ohe ue,'
saiep au.uo''y Is VIZ, as "S "notJ,aa u, ~
'",i1 ian;yre a. VI
! :. TIo,ro,.c, ,rnc ,bcrcC,ro /, Io ibo, III
iudiciai deaartmeni is. in al question, suhmi
led TO il bythe foims Of the Constitution. 10 d,
eide in the last resort, his resor must neccssi
rty.e deemed die l|si IN relation TO the a.
thoriles of the oiher departments OF The Go'
eih'neAti u3l III i'la ll" 10 ,Ae tights Oh VI
pa'le' o" VIZ c'n ''",',"", ,",ii' "c'' ul
"'', ,i'e XXX, ,i.'ir J.iac,tsl ,rnS,s On f .r
! o,i.r L,.,',,tc.is he delegatinn or ;n,l;c;
! nover rnnld ;.nnnl the AUTHORITY deleg3ting
and the concurrence of this department wi
r The others in usurped powers might subge
! forever and beyond the possible reach of al
fightiul remedy, the very Constitution whiC
: all were instituted topreServe."
= NJ, Pur,ps Az pres;lcnt 7 or,,ob,r
,baro i no,l;n, IN ,bn o~sr,ct yb;cb H.
+ i'aa., ,.ooI XII hoo,s on tho co,rso ~ ;,
: ,o,i. ,.L;a,, ,ra.' ,,,,rs,,;nc WI, 7 ;,,,or,
5 ad 49, ;Il,s,r,to ,yos Ills should Ills law
" -' vs. ho ,"o.l, 81 ,he Sorth raoo;,
,b ,,' sano,,on III Cdnc,css there is sin co
',;.,,;nnaI ,r;b,nai 70 Which tbev nav :,
naai c,r ,ho ;ntor,rc,.,;on Of the CoHst;,
e i;on 40 and For tbc nnrnoSa If de,erm;n;r
.1;s od,, w., o,,l,d -, ,'on
"ie'",' ,''' WI s;r r ,ho, donison sb p
;,o' o;i H. 81 bn law $50" ' oIo.,
,o ~, San.,, ,ro,l1 to sa,;sGnd ,ro sLom
have no southern war growing out of the d
csion. Should the decision be otherwis
= and the power of Congress- in this partic
lar be established, it will then, ms remark,
before. rest with the sovereign States of III
4 Irr;or 10 dote, mine whether tbev can lono