New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-01-29
RELATIVE POWERS
OF THE
FEDERAL AND STATE JUDICIARlES.

Wi'eonsia r., pp 22-Z9:
Believing, as do that every state officer who Is
required 10 take oath to support the Constitution Of
tbe United States as well "a of his State was de-
.iqnedly placed by the Federal Constitution Itself as d
sentinel to guard the OutpOsts as well as the ctade
the great principles and rights which was Intended to
declare, secure and perpetuate, cannot shrink from
the discharge of the duty now devolved upon me.
know well it, cons, quences, and appreciate fully the
criticism TO which may be subjected But believe
mott sincerely and soemny that the last hope oil tree,
representative and responsible government rests upon
the State SOW, regnties and fidelity " State officers TO
their double allegiance, to the state and Federal Gov
erpments; and so believing, cannot hesitate IN per-
forming a clear, an Indispensable duty. Seeking ana
epoyiug the quiet and calm peculiar to the position
in which am placed, desire to miuge no further IN
the political discussions of the times than the clear
suggestions Of official obligation require But he who
takes a solemn oath to support the Constitution OF the
United States we rs of the State OF lsconsn, s
bound by double tie to the nation ana his state.
Our eystem of government Is twoioi and 50 Is our
allegiance, Federal officers feel less Ol this because
their oath binds them only to the Cons i'm ION of the
United States; but State officers have the weight Of
both resting upon them. 10 the latter Is peculiarly
the duty assigned rather upon the latter Oi ueces
sty does the obligation rest OF asceranng clearly ana
of asserting firmly the peculiar pow r. OF Doth Govern
ments, as circunscribed BY the lundameptal law OF
each. To yield cheerful aequiescence in and 'op'
port to every power cQn>tituonay exercised ny TIC
Federal Government is the sworn ddly Of every
State officer but it is equally his duty TO interpose
resistance to the extent O his power 10 every stump
ton of power on the part of the General Govern nent
which is not expressly granted 81 necessarily IMPLIED IN
the Federal Constitution.
Nor can yield to the doctrine early If0dcled Ddt
as early repudiated, that any one department OF the
Government is constituted the ina! ali exclusive
Judge of it's delegated powers No sdch t'iI una
has been ere Ctod by the fundamental nW. iG2Jdllcai
dena,tment of the Federal Government is the creature
by compact Of the several States a. soveregne end
their respective people. That department can exer-
else no mower not delegated to II. All power not dele
aod ed 10
Rave expressly reterved 10 themselves and he people
To admit that the Federal judiciary . ttc sole and
exclusive judge of its own powers, ana ne t4tcht
the authority delegated, Is virtually 10 admit tat the
some unlimited power may be exercised ny very
other department of the General Cow mm, at, both
legislative and Executive because each y inoepend
ept Of and coordinate with the other. No.lhel has
any power but such tue States and tleir
people have delegated, and all power not delegated
remains with the States and the people thereof In
view of the vast increasing power OF the Federal Gov
eminent and the relatively diminishing Importance o.
the State soveregnties respectively the duty @ the
latter to watch closely and resist firmly cv'iy en-
crOaclment of the former oeconles cNsy u.y ~ n
and more imperative aud the official oath OF tue luqc-
tioparies Of the States becomes mOo and more sgnlh-
can't As the power Of the Federal CoVeinme" ' de-
neuds solely upon what the States have gfaliod e1-
nressy or by duplication, and as no common Juis ma
been provided for to determine when the one Of me
other shall be proved unlathful 10 the compact, the
eoemn pledge of faith oxaced from both has oeen
deemed an efectual guaranty; and tteQGeh' iS'uf-
to the fundamental li'0 'u Nht~h 80 ~41'
eminent is organized, q sufficient stimulus 10 every
public officer and TO the people at large b0th 20 yet
and exact perfect conformity. But soleIaa9 be-
leye that the last hope ~ rec repftsenaNy" "h eu
erative Government rests with the Sta,s Increase oi
influence and patronage on the part OF the t"delal
Government naturally leade to consol iouon '1nsou-
daon 10 dospOtlsm ond ultimate ahacoy, "s'olu'on
and all its attendant evils
II the sovereignty of the States 10 d. stincd to be
swallowed up by the Federal Government a ccnsol-
idaton is to supplan federation, anl NE GetiiN gov
eminent to become the sole judge OF ITS own powers
regardless of the solemn compact by Whch II NaS
thought into existence, aud OF the souce u ~ OWE
vitality as an humble officer cf one OF me Ntates,
bound to regard the iust rights aud powers BON y the
Union and the States, want my skirts 20 De o..ei,
and that poserty may not lay the catastrophe TO my
charge / am truly thankful for the same ieoihs al
conscientious fulness on entering vi on tbe discharge
Of the duty before me- would be- required ~ case
of direct invasion, open rtoeN"i =" pa'P7ol0 V'"So"
against our common country.
Without the State there can be no Unioni the alb
rogaton Of State severe gnt l. moi dssoi con 90 I,
Union but an absorption Of it, elements re r. the
true man, the faithful officer who i Ic@ay 'o assert
and guard every lot of power rghtiuly belong ~ 70
each and to resist the slightest encroGchment OF as
sumption of power on the part of either.
TIE Constitution of the United states & peculiar
instrument and it has brought into existence an9 oP-
Grafton peculiar system OF government. But ld'o
If any aid is furnished in it, construction by aaaio j.
1t IL not merely alt OF powers II 'Gt c"y ,oaies
powers upon the Federal Government, but u e aran-
tees rights to the States and 70 the citizens III wa
not designed merely 10 provide general GOV ernneh
for all the States but to provide security arc iO'tS'
tion for the States and people who are parties 70 the
sn,nnsc, NV which n il created Not only did it con-
fer certain powels upon the General Goyeunetl, D"t
il imposed solemn duties upon the Government theIeoy
created and upon the States who were IT creators
More than this, it solemny enioined upon ooln 'ne
State and General Government, the exercise o. ceI
tain powers and duties and the Gb,tcin.n5 ; cacn
from the exercise of power and functions exclusively
pertaining to the other.
1t Is an instrument of grant and covenants some
what like AL ndenturc Of conveyance, 1t coma ns io
only grants Of fowef, but covenants f. .Lc iaNbIu
Observance Of the stipulation therein conte me- II
creates three distinct departments of Government TIC
Executive, Legislative, aud Judicial aud grants 70
each the powers VIII was snci that ,uey stovd
r,srcetiyelv exercise aud those power not II ante
or roibcd 10 the states i especially reserved 10 the
States and the people. In addition 10 hs, Tire State
parties 10 the instrument, 10y II sotmny and mu,eely
Engaged that tl.v would do certain thing, aud ,rai
certain tling. Should nor be done ethe! b. - Gov
eminent of the uion on of the states. be language
of the Constitution j. peculiar, that the disinctior
h, ,ween power to be- conferred on the Government
about to be created aud covenants entered 40 D.
tween tho paries a. states. is obvious ~ -laH.e
Congress may exercise all the legislative power n-'o
in the Constitution but other, a,ea9se al otoe'
are esseciay reserved 10 the States and q the Pc"
PIE. In the same article wb h grants tho ie8 DIV
powers TO Congress- and enumcIa1es and deha,s mem
h contained also prohbtory covenan. or compact ~
which the States have agreed not to DO certain thug
which before az sovereign as, they had an updoueted
night 10 &c. 40 STATE shan & ant .tt.tIs ci
fnu a.1. sstsgFs a