Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-02-02

and unusable in striving in the mode then adopted
arrest the Of unconstitutional legislation the part of
Congress- and that the Supreme Court of the Union ought
alone to be appealed to- Listen to Mr. Madison, who, as
lover of the Union and faithful exposor of the constu
ton, has never been surpassed
the deliberate exercise of dangerous powers papsby
withheld by the constitutions could justify the parties to
nerposng even so far as 10 arrest the Of the evil
and thereby the constitution ITSELF as well as to
provide for the safety of the parties it there would be an
end to all relief from usuped power and direct subyeron
OF the rights specified recognised under all the State
stituons, well plain denial OF the fundamental prin
cipie on which independence itself was declared
But is objected that the judicial authority is to be re-
grded the sole exposition of the constitution in the last
and may be asked for the declaration by
the General Assembly supposng it to be theoretically true
could be required at the present days ana IN SO solemn
manner.
be instances Of usurped which OF the con-
suton would draw within the control of the Judicial
department secondly that the decision OF the judiciary be
raised the authority the sovereign parties the
suton the decision of the other department not carried by
the forms of the constitution before the Judiciary, must be
equally authoritative and final with the decisions Of that de-
parment But the proper to the objection IS that the
resolution of the General Assembly relates to those and
extraordinary which all the of the constitution
may prove Intellectual against attractions dangerous to the es
senta rights Of the parties to it. The resolution sppoes
that dangerous not may not only be uur
ed and executed the other departments but that the judi
cia department also exercise sanction pow
beyond the grant constitution and, consequently
that the ultimate right of the parties the constitution to
whether the has been must
legislature.
However true therefore, may be that the judicial de-
is, in all questions submitted it by the forms OF the
constitution, decide in the last this
cessary be deemed the last in relation the authorities of
the other departments OF the Government not relation
the rights of the parties the constitutional compact from
wheh the judicial well the other hold their
delegated trusts On any other hypothesis the delegation Of
judicial power would the authority delegating and
the Of this department with the in usuped
might subver forever and beyond the possible reach
Of rghul remedy the constitution which all
instituted to preserve"
Mr.. PHELPS. Mr.. President, apprehend there is
thing in the which has been which bears the
Of remark which | pursuing. What intended
TO illustrate this should this law, offensive to the peo-
pie Of the South receive the sanction Of Congress- there
still constitutional tribunal which they may appeal for
the Interpretation Of the constitution, and for the purpose of
determining whether this body has transcribed its powers
Well sir that decision should be against the validity
of the law, most clearly the South would be satisfied we
should have Southern growing out ofsuch decision
Should the decision be otherwise and the power Of Congress
this particular be established, will then, as remarked
before rest with the sovereign States of this Union to deter
mine whether they longer adhere to the constitution thus
eIpounded by the judiciary department of the Government
The from the writings of Mr. Madison asserts the
ground that these sovereign States may, after ALL judge for
themselves Certainly they may. They must be their own
judges whether they will longer continue in political
community. have expressed no doubt on this point.
The idea intended to convey this that will be album
dainty in for the Southern States to take this matter
into consideration when they have exhausted their consu
tional remedies.
suggesting that he has evidently mistaken the character
of crisis Of 1885, and has especially msconoeved the main
object of those resolutions. Secession not then looked
to, mainly least but the arrest Of unconstitutional g
laon by constitutional remedies, whilst the Union should
continue.
Mr. PHELPS. Certainly, certainly and have OBJ
lection any constitutional mode of operating the action
OF Congress- My remark is directed any constu
tonal mode but the remark was, aud repeat let the
stuona modes be exhausted before separate Independent
State action shall be resorted called for and
ranted BY the constitution Sir my object in abiding to this
to show gentlemen that much Of the excitement which
seems have prevailed this subject is in my judgment
premature. If differ this important point, let de-
bate among ourselves till settle it for ourselves II
the question is still unsetsed let The constitutional tribunals
pass upon it. When they have settled the construction of
the constitution, any 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 he Government
perve the constitution, then the time may have arrived
when and different modes of redress must be esoed to-
Sir hope and trust shall arrive that point In
my humble Judgment, we never shall come it; for with the
good sense the PATRIOTISM and devotion the Union which
pervades, believe, the whole American people, that good
will my Judgment arrest the of violence and
faction long before it reaches that extreme.
Sir was remarkng that, upon the occasion Of the pre-
senaOn of that bill before the Senate there seemed to be
all sides perfect willingness to submit the question, about
which differ, to the constitutional tribunal
thorzed to say that if that bill had been passed. and if the
matter had been referred to the Supreme Court for its adudi
cation and the decision of that tribunal had been adverse
the pretensons Of the Souih does not become say
what would have been their future courses but sir, desire
to know whether there not this moment the read
to try for the first instance, least the constitutional
remedy before other and more extreme should be
adopted Sir, that in my Judgment the correct method
That bill had been properly understood would have been
satisfactory to the entire people ofthe Union; but unfo
tunatey the victim of expression pehapsa
harsh onetwas unfortunately the victim fmisconcpen and
Misrepresentation the part some whose policy it
keep the excitement The people Of the North made
believe involved abandonment of their pretensons
when reality far the powers of Congress could CO.
the estimation Of those gentlemen Of the South who
red in the report of the committee the fact that
der all this legislation lies this constitutional questonthere
ground which they willing to rest their claims
That bill has been called compromise It such in
aspect only 1t conceded the legislative action to the North
while reserved to the South the constitutional question upon
which the validity of that action depended.
But, sir, will trouble the Senate for very few moments
longer. reluctant to follow this subject further but
having said what have may perhaps be excused for look
ing little further into the future Sir IT, through the ins,ru
mentality Of separate independent State action, the opera
tons Of this Government to be suspended may be we'll
TO inquire what then might be the position in which shall
find ourselves Sir, if there is to be secession from this
Union the part of the South-whch hope will never be
the casebut there should be- what then this
purpose Of carrying the institution Of slavery into the terrific
Fes BY any such secession the territories will be left the
property of the remaining portion Of the Union. The South
by abandoning the Unon will abandon their in these
territories and their control them Such upon ordinary
principles will be the result WE'LL sir what then becomes
great object for which gentlemen willing hazard
much Sir, there will be but way-here will be but
mode OF carrying out, and that mode will be by conquest
conquest of those territories from the power of those States
which still adhere to the Union.
Sir if measures Of this kind resorted to for the purpose