Kenosha tribune & telegraph. [volume] (Kenosha, Wis.) 1856-1859, 1857-02-12

', AS"oouu HdFe tf.lu at one 2, scnO0l-
ed as | have always been in the doctrine
OF strict construction of the Federal
constitution, that no such po,cer acas
granted And to that opinion believe
the nrIolic judgment will come at last.
OF COURTS.
Courts are constituted to declare the
law, and not to make it. The decision
of a Supreme Court is always entitled
to consideration and weight as an opin-
ion of-what the law is, but in no sense is
the decision of one Supreme Court, nor
even upon itself, except in the particular
case decided by it. TO maintain any
other doctrine would make an erroneous
decision of one court the fruitful source
of many errors in other courts, and
would put it out ofthe power of a court
to correct even its own errors or mis-
takes.
But what tribunal shall Judge of the
powers granted, and the right reserved?
This is the gravest question in our
whole system of government. Your
second resolution embodying the first OF
the Kentucky and Virginia resolutions,
upon which the old Republican party
was organized, answers that question in
better language than can command:
"Resolved, That we adopt as the sen
timent of the Republican members OF
the Legislature, the resolutions adopted
by the Kentucky and Virginia Legisla-
ture in 1898, drafted By Jefferson, and
approved by Madison, declaring:
"That the several States, comprising
the United States of America, are not
united on the principle of unlimited sub
mission to the general government; but
that by compact, under the style and
title Of a Constitution of the United
| States, and of amendments thereto, they
constituted general government for
special purposes, delegated to that gov
eminent certain definite powers reserv-
| ing each State to itself, the residgary
mass of right to their own selfgovern-
ment; and that whatsoever the General
Government assumes undelegated pow
ers, its acts are unauthoritive, void, and
of no force; that to this compact each
State acceded as a State and is an integ
raj party, its co-States forming, as to
itself, the other party; that the govern
ment created by this compact was not
made the exclusive or final Judge of the
powers delegated to itself, since that
would have made its direction, and not
the Constitution the measure of its pow
ers; but that rs in all other cases of COM
pact among powers having no common
Judge, each party has an equal right to
judge for itself, as well of infractions,
as ofthe mode and measure of redress. !"
Each government, must judge for it.
self and upon its own responsibility.
But if upon question of construction
as to the power granted to the federal
government, or reserved to the States,
the Supreme Court of the United States,
the only appeal is to the BAR OFPUB,
Lie OPINION.
Judges are but men, and, in the his
tory of judicial decisions, we see, tc
some extent, always the influence of the
public opinion of the age swaying the
decisions of courts.
Public opinion is the best of human
tribunals. Imean not the passionate
efferyencesces of the passing hour, but
the enlightened public opinion of the
people. When the public conscience is
fairly aroused and q question of vital
moment fully discussed, it is the high
est Of human tribunals, and in this sense
it was that our foretathers of the revo
luton declared that the voice of the PEG
pie is the voice of God. To that tribu
nal is the only appeal, short of an appea
to arms.
| Upon question Of doubtful coaStruc
ton the federal government will never
undertake to cOerce sovereign State BY
force Of arms against the final judgement
of its Supreme Court.
In the cast of South Carolina, it wa
on her part case of an open and palpa
bic violation of the Constitution of thu
United States, and direct attempt Il
repeal and nullify the revenue laws ofth'
United States, and to defy the authorit,
! Of the federal government and to seced
from the Union.
The difference between our position
and theirs, is this---we stand upon on
rights as a sovereign State IN the Union
and do not seek our redress by going o..
Of the Union. Ours is loyalty to tn
|, Union, but theirs was qualification an
secession"
Between England and the Unite
States there have been contreyersie
growing out of the doubtful constructio
Of laws and treaties. They have bee
: peaceably settled. Is the idea to be to-
Grated in this country, that the geners
government win undertake, by force, t
coerce our Supreme Court? and under
take, by attachment, to compel it to sub
l nit as an inferior tribunal to their as
sumed appellate jurisdiction upon aques
ton of the reserved rights of the States
No such thing will be attempted, in m
opinion.
, But if such an attempt should be mad
: my only answer is that the Sovereig
State of Wisconsin,, has too many an
too important matters Of It's own to b
disposed of by its Supreme Court, t
spare all or either of its Judges or tn
, keeper Of its Records.
FEDERALISM AND REPUBLICANIsM.
| conclude by saying however con
pick our system of government may az
, pear to casual observer,it is when care
fully examined and rightly understood
governed by a few simple laws. As III
planets in the solar system in their me
tons are controlled by two simple law
ofmatter, called the ccntripetal and Ger
tyifugal forces, the first ofwhich ofitsel
Unaffected by the other would draw n
the planets to a common center, and tn
other of itself would drive each plane
from the system at random through tn
Universe-so two forces or tendencie
are forever struggling for ascendency i
our system of government, the one t
!. n.,l .,...n thn Of dc n,:-l