Kenosha tribune & telegraph. [volume] (Kenosha, Wis.) 1856-1859, 1857-02-12
The Republican Caucus Of tue nth ult.,
Letter from the Hon, ]. r. Doolittle.

ssResolued, That it is the object and
mission of the Republican party to re-
store the action of the Federal Gov,arn.
ment to the purity of principle ',,lpstra.
ted by the Republican Fatb ;ers and thai
the usurpation of pow or actual and
threatened, by the ederaI Legislature
and Judiciary, '.emand recurrence t.
the t,lndame ,ntal principles upon which
me 'Nap yJnal Constitution and govern
ineu' were established.
'SReso9ped, That we adopt as the sen
timent of the Republican members OF
the Legislature, the resolutions adopt
ed by the Kentucky and Virginia Leg
islature in 1898, drafted by Jefferson,
and approved by Madison, declaring:
''1'hat the several States, composing
the United States of America, are not
united on the principle of rnliniited sub.
mission to the general government; but
that by a compact under the style and
title of Constitution of the United
States, and amendments thereto, they
constituted a general government for
special purposes, delegated to that gov
ernfnent certain definite powers, reserv-
inc each State to itself, the residuary
mass of right to their own selt-govern-
ment; and that whatsoever the General
Government assumes undelegated pow
ers, its acts unauthoritive, void, and .ofno
force; that to this compact each State
acceded as q State aud is an integral
party its co-States forming, as to itself,
the other party; that the government
created by this compact was not made
the exclusive or final Judge of the pow.
ers delegated to itself, since that would
have made its discretion, and not the
Constitution, the measure of its powers;
but that is in all other cases of compact
among the powers having no common
Judge, each party has an equal right to
Judge for itself, as well of infraction, as
of the mode and measure of redress"
':-Reso7ced, That in the application of
these principles, we hold it an impera-
tive duty to stand firmly by the Supreme
Court, in asserting the right OF the State
tribunals to pronounce final judgment in
all cases involving the reserved right OF
the States; in declaring the Fugitive
Slave Law unconstitutional; and in shield
inc all the inhabitants of the State from
the operation of unconstitutional enact
ments, without right of review by any
Federal tribunal"
A copy of these resolutions was trans
mitted by r. B. Wentworth, Esq, Sec
rotary of the caucus, to the prominent
candidates for the Republican nomina-
ton for United States Senator, with a
requestthat they should state theirviews
respecting the same, by letter, to the
caucus which met last evening. We sub
Join the letter of Hon. James K. Doolit-
tie in answer to the resolutions Of the
Republican Caucus.
MADISON, Jan. 90, 1857.
To tie Republican Meoebers Of the Leg
iSiature Of Wisconsin:
GENTLEnEN:--In endorsing the reso
lutions passed by your body, as l did, by
my note of last evening, it is but due t.
myself andrespectful to you, that shoe
state more fully the grounds ofmy opin
ions.
The doctrine of despotism is, that al
the rights of the citizen are mere 0riv
ilc9eS grantedby the monarch. The doc
trine OF liberty is, that all his rights are
the gift Of God. In the old world i
has ever been regarded. that man wa
made for the government; here tina
Government was made for man. Their
they are bestowed unequally, at the ca
price of the sovereign. Here they ar
equal and inalienable. Wealth canno
purchase them,--power cannot monopo
lie them--government does not gran
thein-dying men cannot bequeath then
they belong to man, as man, whethe
born in palace or a manager.
While this equality of rights exists
there is no such equality of po'cerS.-
Some are strong, and some are feeble
both in body and in mind, and one o
the strongest necessities for any govern
mcnt at all grows out Of this very in
equality of powers.
1t is to secure these rights that gov
ernments are instituted among men,
First among these rights, and withou
the enjoyment ofwhich, all others woul
be comparatively of little value, is tn
right of personal liberty.
OB THE HABEAS CORPUS.
This highest perogative writ of RICH
IS esteemed the bulwark Of human hbel
tv
The great thing secured by it, is a
immediate i2a94jry into the cause of til
detention and an immediate release if tn
detention is illegal. And the questio
always is this: Is the person in legs
custody? Is he held by law or againS
law? If held by pretence of process il
sued under q law in conflict with til
constitution, he is entitled to his release
LY tch0mSoeUer held, because an uncoI
stitutional law is no law. 1t is simpl
void, and void things are no things. T
MI mtents and purposes law made
conflict with the constitution, in viols
ton of the fundamental law OF the lant
is the same as if it had never existed q
all.
Upon Ha5eas Corpus the question a
ways is the Legality OF the detention, an
it is Of the very essence of the thing t
he decided. An unconstitutional deter
tion is an Meg0t detention.
The Constitution ofthe United State
declares that the privilege of this wri
except in cases ofrebclion and invasion
shall not be suspended.
oF THE FUGITIVE SLAVE Law AND TEIA
BY JURY.
To maintain that the law requires
trial by jury to determine the ownershi
ola horse, and at the same that huma
beng, an inhabitant of this State, as
gainst a claim of absolute ownership
not only of all his property, but of h
own person and liberty, shall be denie
trial Icy jury, to determine that que
ton, is abhorent to the sense of justic
of every man Whore the common Ia,