Mineral Point tribune. [volume] (Mineral Point, Wis.) 1854-1858, 1855-03-07


is in earnest advocating the doctrine of
South Carolina notification, is out with another
long article to prove that Daniel Webster knew
nothing of Constitutional Law, the powers of
Congress. In speaking of the Constitution of the
United States and the Laws of Congress- the Edit
or says: If there be final hight OF adjudication
resting any where, it remains with the Supreme
Court of the sovereign States, and attributes the
blindness of the people upon this question, the
sorhistry of Webster" We prefer to let Mr.Web-
ster speak for himself, and therefore copy from
his speech, (ihe with which the Sentinel is at
loggerheads) and for the benefit of the readers of
the Sentinel, would be glad to see il copied into
that paper.
Mr. Webster first served up the doctrine of Mr.
Hayne follows:
81 understand the honorable gentleman from
South Carolina TO maintain. that II Is right OF
the State legislature to interfere, whenever IN their
Judgment, this government tTanscends Its constI>
tutional limits, and arrest the operation of its
laws.
Il understand him to maintain this right, as
right existing under the constitution not a
right to overthrow it, on the ground of extreme
necessity. such would justify violent revolu-
ton
Il understand him to maintain authority, on
the part of the States thus TO interfere, for the
purpose of correcting the exercise OF power by the
general government of checking il, and of cons
polling il to conform their opinion OF the extent
of its powers.
q understand him to maintain that the ul-
innate power of Judging of the constitutional
extent of its own authority is not lodged
cHsively in the general government, or any
branch of it but that, the contrary, the
States may lawfully decide for themselves, and
each State for itself, whether, in given case, the
act of the general government transcends its
power.
understand him to insist that if the exigen>
cy of the case in the opinion of any State govern
uen,, require it, such State government may, by
Its own sovereign authority, aunul an act of the
general government, which It deems plainly and
palpably unconstitutional"
Mr.. w. then proceeds follows:
The people, them sir, erected this government.
They gave il a constitution and in that constitu-
ton they have enumerated the powers which they
bestow on it. They have made II limited gov
eminent They have defined its authority. They
have restrained it to the exercise of such powers
granted; and all others. they declare, are
reserved TO the States to the people But, sir,
they have not stopped here. If they had, they
would have accomplished but half their work
No definition can be clear as TO avoid POSSIBLE
lty of doubt; no limitation precise as to ex-
cluue all uncertainty. no lnen snail constTue
his grant of the people! Who shall interpret
their will, where it may be supposed they have
left it doubtful? With whom do they repose this
ultimate right of deciding the powers of the
government? Sir, they have settled all this in
the fullest manner. They have left il with the
government itself, in its appropriate branches
Sir, the very chief end the main design. for which
the whole constitution framed and adopted
was TO establish a government that should not be
Obliged TO act through State agency or depend on
State opinion and State discretion. The people
had had quite enough OF that kind of government
under the contederacy Under that system, the
legal action. the application of law TO individuals
belonged exclusively TO the States Congress
could only recommend; their acts not of
binding force, till the States had adopted and
sanctioned them. Are we in that condition still
Are yet at the mercy of State discretion ard
State construction? Sir, ii are. then vain will
be our attempt TO maintain the constitution under
which we sit Bot, sir, the people have wisely
provided, in the constitution itself a proper suit
able mode and tribunal for settling questions of
constitutional law. There are, in the constitution
grants OF powers to Congress, and restrictions on
these powers. There are, also, prohibitions on
the States. Some authority must, therefore, ne
cessarlly exist, having the ultimate jurisdiction to
fix and ascertain the Interpretation OF these grants
restrictions and prohibitions. The constitution
has. itself, pointed out ordained, and established
that authority. How has it accom- shed this
great and essential end By declaring, sir, that
the constitution. and the laws of the United States
made in pursuance thereof. shall be the supreme
law of the land, any thing in the constitution or
laws of any State 10 the contrary notwitistand-
ing
This, sir, was the first great step By this
the supremacy of the constitution and laws of the
United States is declared. The people so will it
No State law is 10 be valid which comes in con-
tiIct with the constitution or any law of the Uni
ted States. But who shall decide this question of
interference? To whom lies the last appeal =
This sir, the constitution itself decides also by
declaring that the judicial power shall extend to
all cases arising under the constitution and laws
OF the United States These two provisions, sir,
cover the whole ground They are in truth. the
keystone of the arch. With these, it is a const-
tuition without them it is confederacy. In
pursuance of these clear and express provisions,
congress established at It's very first session, in
the Judicial Act, a mode for carving them into
full effect, and for bringing all questions of con
sttutiona power 10 the final decision of the Su
preme Court. 1t then, sir became a government
Ii then had the means OF self protection and but
for this, it would, in all probability, have been
now among things which are past"
SrnISG.-" The winter Of our discomfort is
over, and we have entered upon the stormy
month of March, as it is usually termed. But
its lamb-hke" appearance, thus far, contradicts
the truthfulness OF the saying The time of the
singing of spring birds, il is true has not come,
nor are our ears greeted with the many toned
voices from the Frog pond yet spring has come,
the time for sugar making and barn yard mel
ody. The atmosphere is mild and all nature is
Joyous The cold breezes from the north may