New-York daily tribune., 1854-07-12

ment Of court and every procecdng of 'ne
ministerial department. by the written fundamental ia" OF
the land THIS must he done in proper ana iega nsu-
ner in conformity with the rules pecroei oy tna same
law 10 accordance with s pTovsions bu no "a" = ;"
sacred officer high, power 80 Yast tha he line
and ,he rrr,et of the constitution not be Applied 70
H. n tpe source OF ell law the limit Of sl authority.
the primary rule cf all conduct puvSfs a. well az oicla
and the citadel Of personal security and liberty.
Here we oni, the cons Iteration of the objections the
Warrant in the course Of which the Judge speaks Of the
Fuc;r.ye Act AZ wicked and crnd enactment, and says
that those who feel compelled execute it may well
oure Of those who demand official service their hands
fiat in taking their pound OF flesh they shall not shed
.. ore drop of their blood
The warrant copy ofwhich s returned by the Marshal
authority by which the prisoner held, is clearly
sub ,snaly and radically insufficient, and the petitioner
is 1erefore entitled 10 discharge.
Add here perhaps, might dismiss this case, and avail
myself Of the defect Of the process to escape from the per-
foiuance OF any further duty in the premises but 1t ~
further urged that the ect of Congress Of 1850 il uncons
iuticpa and void would gladly escape from the resPon
sbiity Of deciding upon question grave would oe
recor cle such course wit, my Of duty But beev-
ing co that every State officer who "a required 10
take oath support the Constitution OF the ohitei
States as well az Of his own State was deeghey pace
by the Federal Constitution itse as seniinel 10 gnard
the ouiposs well the citadel of the great principles
and rights which it intended to declare secure ana
perpetuse, cannot shrink from ine achafe oi le uu
deyolvod upon me. know wei its consequences anu
1eciate fully the criticm TO which may be subjected
& believe most sincerely and solernnly that the last
hope Of free representative ana respoisloe goveI
rest upon the State soveregntes and the hdey OF State
er 10 their double allegiance TO the state and Federa
and, bele' ing cannot hesitate IN per
4 ~ po cls-.r and indispensable duty. Seeking and en-
o. ~ The fuiet and calm peculiar To the position IN
t, am placed desire to mnge no further IN the po
er discussions of the times than the clear suggestions
of official obligation require.
But he who takes solemn oath 70 support the Consu-
on OF the United States well of the State of WIS
corsn is bound by double tic, 10 the Nation ana MS
State Onr system Of Government is twoiold, and so
our allegiance Federal officers feel less OF this because
their cath binds them ony to the Constitution Of the
United States: but State officers have the weight of both
resting upon them. To the latter is peculiarly the duty
or rather upon the latter Of necessity, does the
obligation rest of ascerainng clearly and of asserting
firmly the peculiar powers of both Governments as CIR
cumscribed by the fundamental law OF EACH 10 yied
cheerful acquescence and support to every power con-
sti.u,onoy exercised by the Federal Government the
sworn duty of every State officer but II - equaiiy ms
duty TO nterpose resistance, TO the extent OF ne re-
pecfve powers 10 every assumption OF power on he par
If the General Government whchis not expressly granted
or necessarily implied in the Federal Constitution
Nor can yield to the doctrine early broached Dut as
eary repudiatad that any department Of the Govern
met is constituted the final and exclusive judge OF its own
delegated powers No such tribunal has been erected by
tho fundamental law The Judicial department of the fed
era the creature by compact Of the sew
ers States as sovereignes That department can exer
ce no power not delegated to IT, All power not delegated
and not prohibited the States the States have expressly
TO Themselves and the people To admit that the
Federal Judiciary is the sole and exclusive judge of ITS
own powers and the extent Of the authority delegated IS
virtually admit that the unlimited power may be
exercised by every other department of the general Cow
ermont both Legislative and Executive, because each is
Independent and coordinate with the other Neither has
power but such the States have delegated and AT
mower not delegated with the States and the peo
pe thereof In view of the vasy increasing power OF the
Federal Government and the relatively diminishing i'm
porance of the State soveregntes respectively the duty
OF the latter to watch closely and resist firmly, every
enroachment of the former becomes every day and
ore imperative and the official oath of the funciionares
of the States becomes and more significant. As the
power Of the Federal Government depends solely upon
what the States have granted expressly by Implication
and Judge has been provided for, to deter
mine when the the other shall have proved unfath
ul 10 the compact the solemn pledge Of faith exacted
from both has been deemed efectua guaranty and
frequent TO the fundamental principles on which
our Government is organized sufficient stimulus to every
public officer and to the people at large both to yield and
exact perfect conformity But soleInnly believe that
the last hope of free representative Federal Government
rests with the States Increase of influence and patronage
the part of the Federal Government naturally leads to
consolidation, consolidation TO despotism and ultimate
anarchy, dissolution, and all its attendant evils.
II the sovereignty of the States is destined to be swa
ow cd up BY the Federal Government, If consolidation il
to suppan Federation and the General Government to
become the sole judge of its powers regardless of
the solemn compact By which was brought into existence
and tie of its vitality humble officer OF
one OF the States bound TO regard the aSt rights and
powers both the Union and the States want skirts
be clear and that posterty not lay the catastrophe
to my charge. am truly thankful for the feeling
of the duty before me, would be required in of
direct inv sson open rebellion papabe treason against
our common country.
Without the States there can be no Union. The sbro-
CATION of State sovereignty not dissolution of the
Union hut absorption oi its elements He is the true
an the faithful officer who is ready to assert and guard
every ot of power rghtfuy belonging 10 each and TO
resist tie ghtest encroachment assumption of power
Oh The part of either.
The Constitution of the United St.tes is peculiar in
strumen and has brought into existence and operation
x,,ofna v(rfEf
is furnished in its construction by analogy. Ii is not
merely grant Of powers. 1t not only cOniers porer up
the Federal Government but it guarantees rights to
the States and 10 the citizens Ii not designed mere
" to provide General Government for all the States but
provide security and protection for the States and peo-
pie who parties to the contract by which it created
Not only did il confer certain powers upon the General
Government but imposed solemn duties upon the Gov
thereby created and upon the States who were
its creators. More than this; soemny enjoned upon
hoh the State and the General Governments the exercise
of certain powers and duties and the abstang by each
from the exercise of powers and functions exclusively per-
tanning to either
II is an instrument of grants and covenants. Some
thing like ndenture of conveyance IL contains not
only grants of powers but covenants for the faithful OBJ
of the stpuatons therein contained II creates
three distinct departments OF government the executive,
legislative and Judicial and grants TO each the powers
which il designed that they should respectively exer-
cise and those powers not granted or prohibited 10 the
States it especially reserved TO the States and the people
In addition 10 this the States the sole parties TO the IN
strumen by it, solemny and mutually engaged that they
would do certain things and certain things they would not
DO, and that certain things should not be done cthe oy
the Government of the nion or of the The Ian
guage of the Constitution is peculiar that the dstinc
on between power be conferred the Government
about created and covenants entered into between e
parties as States is obvious al glance Congress may
exercise all the legislative power granted in the Ccnsti
ton, but other because all Others are especially re-
served TO the States and to the people In the same ar
Gle which grant; the legislative powers 10 Congress and
enumerates and defines them is contained also prohib
tory covenant or compact, by which the States have
agreed Go ceran things, which before as sover-
eighties they had an undoubed right to do. No state
.ha grant letters of Marque and RePrssl, coin money