Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1855-03-04


has been given to Congress. Then, is it to be in.
sisted that, under the authority of the resolutions
of 1913 and 1899, Ohio deems it great out.
rage that she is not at liberty to annul and set
aside the constitution of the country? That
| understand to be the Senator's position.
II is no answer to this argument to say that,
in the private opinion of the Senator from
Ohio, the fugitive slave law is not constitu.
tional. The Constitution ofthe United States has
provided Supreme Court for the purpose of
determining the validity of an act of Congress;
and wherever the fugitive law has been brought
before the courts of the United States, it has
been held and adjudged to be constitutional
Mr.. WADE. Win the gentleman allow me
TO ask him one question?
Mr.. DOUGLAS. Certainly
Mr.. WADE. If the Supreme Court the
court of last resort, of sovereign State, should
declare that law unconstitutional, will he hold
that the Federal courts may, over their heads,
execute it violently? Who is the Judge in the
last resort, the State, or the Federal authority?
Mr.. DOUGLAS. | will tell the Senator In
the last resort, the State courts, within the
limits of their jurisdiction, in the exposition Of
their own laws, are the highest tribunals; but
in the execution Of provision of the Constitu
ton of the United States, or law of the Uni
ted States, or treaty of the United States, the
Constitution has provided Supreme Court as
the highest and ultimate judicial tribunal, to
which all others must yield obedience. Hence
the laws of the United States adudged by the
Supreme Court to be constitutional, are de-
cared to be the supreme law of the land, any
thing in the Constitution or laws of any State
to the contrary Notwithstanding. The Const-
tuition, in so many words, has decided the gem
tleman's position against him. Then, when
the Constitution has thus declared the supre-
macy of the laws and Constitution of the Uni.
tad States over State Constitutions and State
laws, it has also said that the jurisdiction of
the Federal judiciary shall extend to all cases
arising under the Constitution and laws of the
United States. Hence, say, that in case of a
conflict between the Federal and State authori-
ties upon law within the scope of the Federal
Constitution, the State law must yield of neces-
sity to what the Constitution of the United
States has declared to be the paramount law.
Mr.. WADE. Let me ask the gentleman il
| he believes in the resolutions of 1898?
MIR. DOUGLAS. | am not surprised that
| the Senator from Ohio desires to escape from
| the position i'll which he has placed himself, by
| resorting to the resolutions of 1898, or some
thing else which he has been in the habit Of
| ridiculing during his whole life. | am not to
be drawn from the main issue between us BY
| idle queries upon irrelevant points. ! say
| the Senator has raised here, in the Senate
Chamber, the standard Of rebellion against the
Constitution OF his country; against the laws
| of the land against the highest constituted
| authorities Of the Republic. He saws he is
ready for the conflict which this bill is to pro
duce; conflict which he tries to bring about
between the Federal and State authorities
| Sir, trust that that conflict is never to come.
If it does come, shall endeavor to perform
my duty as n citizen, and that duty will consist
in maintaining every right which a sovereign
State possesses within the scope of our COM
| pick system OF government. / am State.
Rights man. | would not allow this Federal
| Government to invade any one of the rights Of
the States; nor, on the other hand would
advise my constituents to raise the hand oil
| violence against the Federal Constitution
The line of demarcation between State and
Federal jurisdiction is so clear that in this case
there is no necessity, and very little excuse, fol-
a misunderstanding upon the point.
Now, sir, | know that in some quarters it is
fashionable in these DAYS to Justify resistance
to law, aud Reputation Of constitutional au
thority, and of conscientious obligations, unde,
the veil of humanity, towards the black man
have often had occasion to say that all the
objection which any person really entertains tc
the fugitive slave law is that il sends the negro
back to his master, where he is held to service
under the laws Of the State. / have never vet
found an Abolitionist whose, objection to the
law did not consist in the fact that it sent the
slave back TO his master. If that be the obiec
ton, wish it to be borne in mind that the OBJ
lection Is not to the law, but to the Constitution
of the country for the Constitution saws he
Il shall la daliyara1 IL
ton or the laws Of any State to the contrary
Notwithstanding. The provision is:
mo person held TO service or labor in one State
under the laws thereof, escaping into another
shall, in consequence Of any law therein, be dis.
| charged from such service or labor but shaH B,
delirered up."
Then, sir, if man desires to be faithful 70
the compact between the States, faithful to that
great palladium Of our libertes-the Constitu-
tion-which recognizes all our rights, all he
has to do is to execute the Constitution and the
laws enacted for the pursose Of carving II out.
| II mans conscience will not allow him TO be
faithful to the Constitution and the laws. as an
honest man he is bound to proclaim himself at
once disunionist, and, by dissolving the Union,
absolve himself instantly from those obligations
which bind him to surrender up the fugitive
| slave The moment my conscience will not
allow me 10 be faithful TO the Constitution,
will refuse to degrade myself, or periure nv
soul by coming here and, for the sake Of sea,
in the Senate, swearing that | will be faithful
to the Constitution, when | intend to violate
and repudiate it. Applause in the galleries. I
| Sir, let US deal with this question fairly and
| directly. Either the Constitution must be
obeyed, or those opposed to il, as honest men,
should declare that they will not obey il. but
desire to dissolve the Union, and release them.
selves from the obligations which it imposes.
II that be the issue in the approach Of which
the Senator from Ohio rejoices, am prepared
to meet il.
And, sir, l find nothing in the rebuke 10
which the Senator alluded SO tauntingly in the
late elections to deter me from meeting the
issue boldly and directly. What is that rebuke
of which he speaks? Was the result Of the
recent elections manifestation of the deter.
mination Of the people ofthe free States that
the Constitution should not be carried out, so
far N ralatac IN ,bo ro,l..:n. r.