Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1860-03-10
ALBANs SECOND LETTER.
Plover, Portage Co.,
Feb. 25, 1860.


Feb. 25, 1860.
Hon. George W. Cate-Dsar Sir :.
y ours Of the 2lst in answer to my let
ter Of the 18th, inst, came to hand on
yesterday, and l must say that the in
genuity you manifest in avoiding the
expression Of yonr individual opinions
founded upon your own examination OF
fundamental principles would have
done honor to the sage of LindenwaId,
in his palniest days. It is true, that
it would be useless for your Honor and
myself to attempt a controversy upon
one or more propositions, when it is ev-
ident from your letter that our premi
SEES and conclusions are the same, not.
withstanding onr reasonings by which
we arrive at the conclusions may be
materially different.
[ bold to the necessity ofperfect obe-
dicnce to the law as expounded by Our
State Supreme Court until reviewed
and Overruled by the same authority
aud until SO ovelrnled the law as ex-
pounded by our Supreme Court, must
upon the questions adjudicated be con-
sidered the supreme law of the land,
and that the inferior Courts and the
people are bound to yield obedience
thereto bnt deny that a iut gneiit or
any Judicial act of any Court, either
subordinate or supreme, is so sacred in
its character that its justice, consistent
cy and even its constitntionaIity cannot
be inquired into by the people; if this
is not the case, then the law is not 4
progressive science, and the people are
incapable Of selfgovcrnment. Bat it
may be inquired, how are the people
by their action to affec; the rulings of
81 5D'4nt Court They do it thro'
the exercise of the elective franchise.
I hold also that is proper for them to
exercise towards the !ain;|ications Of
the Courts, the same RIGHT Of free discus
sion that is tolerated towards the other
br'ancheS of the governments: if this is
not so, then the judiciary is system
deSpotic IN It's character, and in oppo-
Sition to the sovereignty Of the people.
My view Of the true position Of
Judge is that whdn he is sitting as a
Court, he must necessarily obey the
mandates Of the Court Of last resort.
belonging t. the same J ,Ail,ial system;
but the incumbent ofa JllItlaI station
parts with none OF his private rights
he has private right 10 arrive at his
own conclusions. in regard t. the JUS
ticp ani conS1itutionalty of aud Ill
laws whereby the rights Of commniii=
t. arc either directly or inlirectl, az
tecte,l he has also the right OF gong
/" the polls and voting for can1i,lateS
for the Supreme Bench, for the cypress
psT'n@e ot ei"cting ncn that he believes
would wheu opportunity presents, re-
view and oyeri11t' erroneous decisions
shat were made bv former Jllz -
10 illustrate: The Judge Of the 2l
Circuit, had occasion to adju,licate in
some Of its phases. n case that crew
ont Of the Glover Rescue, upon which
the Federal and State Courts had come
| in conflict, the Supreme Court of the
State having passed upon the same or
a similar question he held with the State
Supreme Court, and against the Fed
eral judiciary: but said at the same
time that he forebore expressing his
opinion, which was d clear intimation
that the Judgment was contrary to his
private opinion. Had he held contra
~ to the Supreme Court, the case
would doubtless have been taken up,
reviewed, and remanded back for cor
rection; this would have been a useless
expense. But Judge Macarthur sitting
as Judge Of the 2a Circuit, and Judge
Macarthur in attending to his duties
and privileges as citizen, have acted
widely different. When he went to the
polls last spring, he voted for VIM P
| Lynde, and against Byron Paine; and
why did he do so? was it that he con
sidered Nj Lynde an abler and more
honest. man than Mr.. Paine: think
not. But it was because upon the whole
question of State Rights, and the rela-
tive pow ers of the Federal and State
) Governments be agreed with Mr. Lynde
and disagreed with Justice Paine
hence he cast his vote in support of his
opinions; here the Judge discharged
what he considered to be his duty as