Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1860-02-25
THIRTY-SIXTH CONGRESS.
SENATE.

SENATE.
Mr.. WIGFALL introduced joint resolution
requesting the President to call out the regi-
ment of Texas volunteers authorized by act of
1853 Mr.. Wigfall explained that this was
necessary in order to protect the frontier of
Texas from the ravages of Cortnas banditti
who have devasted the country along the Rio
Grande from its mouth to one thousand miles
above The resolution was laid over.
Mr.. JOHNSTON of Tennessee reported the
homestead bill, and moved TO make it the spe.
cial order for Thursday at 2 P. M. Messrs.
Haun and Gwin presented sundry memorials
from the Legislature of California, The bill
for the relief OF VIM. L. Mlrick was taken up
and passed
Mr. BRowN's resolution relative to the ter
ritories was taken up
Mr.. DooL1TTLE addressed the Senate. He
said John Quincy Adams, during the last
years of his life, said the best thing ever utter
ed by Jackson was that for which he was most
accused that he had sworn to support the consti-
ton as he understood it,and not as others under
stood it, He had therefore no apologies to
make for the Supreme Court of Wisconsin,
constituting the constitution according to its
convictions. No senator had a right to de-
mand an apology, and least of all, the senator
from Georgia, the Supreme court of that state
having, as late as 1854, after an able resume
of its difficulty with the supreme court of the
United States, decided that it was co-equal
and coordinate, and not inferior or subordi-
nate; that as to reserved powers the state
courts were supreme, and rs to delegated
power, the United States court was supreme.
Therefore the United States court could not
give an order to a state court. Wisconsin had
never gone to that length yet, and denied the
appellate jurisdiction of the supreme court of
the United States. 1t only claimed the right
to decide for itself questions of constitutional
law. Mr. Doolittle then quoted the resolu-
lions of 1898, the Cincinnati platform, and the
decisions of the state courts of Virginia in
1914, and Pennsylvania in 1898, in opposition
to the powers claimed for the United States
court. Virginia and Pennsylvania had decided
that the Supreme Court of the U. States was
not superior and appellate to the state courts
The whole action of the court of Georgia had
been in support of the same views. He did
not question the good faith or motive of the
state of Georgia, He would neither do so as
matter OF taste, nor as matter of inclina-
ton. The precise issue between the Senator
from Georgia and himself was, whether any
authority could be conferred on a United
States district court by law in itself uncon-
sttutiona The Senator asserted that such
power was conferred. He, MIR. ID. denied it,
The very thing that the state court had to de-
eide under the writ of habeas corpus, was
whether the imprisonment was illegal or not,
and that depended upon the constitutionality
of the law under which the Imprisonment
had taken place. Unconstitutional law was
no law at all, and yet the Senator says
that though the law be unconstitutional the
action of the United States court is binding.
That was begging the whole question. 1t was
arguing in a circle. He regarded the action
of the United States courtas extra judicial and
of no authority, and qnoted legal authorities
to sustain this view. The doctrine of the
hat thn ind ,nf
the district court might arrest, try, and con-
DENIM and no appeal could be had. There
was no despotism like this, except it was in
r. Aalgers. wv
consin, and quoted the opinions in the case
of Booth and Rycroft for the rescue of tu-
gitiye. Booth was arrested but was discharg-
ed under habeas corpus by the supreme court.
He commended the opinions to the attention
of the Senate and the country. In his opinion
large majority of the Republicans of Wiscon-
sin approved the decision of the court. Many
Democrats, also, brought up in the school OF
Jefferson and Jackson, sustained the action OF
the court in interpreting the constitution as
thev understood it. 1t was not a strict party
question in Wisconsin. The doctrine of the
senator from Georgia, as to the power Of the
supreme court leads to absolutism and despot"
ism.
1t is the tendency of the judicial authority to
usurp legislative powers. He quoted from
Mr.. Buchanan, that the judges always lean to
the prerogative of power, and contrasted the
difference between the views of Judge Mar
shall as a member of the constitutional con-
vention, and as chief justice Of the United
States. He also contrasted Judge fancy as
Secretary under jackson, sustaining him in
his position that he should administer the con-
stitution as he understood it, and fancy as
chief justice leaning towards thei consoda
ton of federal power. The Supreme Court
now asserted the legality of slavery in the ter
ritories, and the next plank added to the dem
ocratic platform would be the declaration Mt
Charleston of the iniallibility of the Supreme
Court In the headsrong zeal pursued by the
democratic party to force slavery into the
territories, they have ceased to be repub-
licans and become the advocates of the most
federal doctrine of the old federal party,
against which jefferson uttered his loudest
thunders. He quoted Jeffersons opinion
of the Supreme Court, in which he held that
it sought by sapping and mining to subvert
the constitution and press us into one consol-
idated government The great question in the
science of the American government, was,
when the jurisdiction OF state and federal gov
ernments came in conflict, "who is to decide ?"