Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1860-03-03

tue people lucreOl QelegaIeQ TO Gno 1eQ-
eral government the power of self pro-
lection, and to execute the powers
granted, they reserved all powers not
granted, and of course that of protect
ing and defending the powers so re-
served. They have the same right to
protect themselves from unconstitution-
al encroachments upon their reserved
powers, as the federal government has
to protect it's delegated powers from
encroachments by the States. The
power is equal in each. Were it une-
quail, one or. the other would cease to
be sovereign, and would exist only by
the forbearance Of the other. The re-
ciprocal action Of this equal power pre-
serves each sovereignty within its
sphere, and while it is acknowledged
and respected, the harmony Of the sys-
tenn is undisturbed but disregarded,
denied or impaired, confusion speedily,
collision inevitably, and destruction I'll
timatel y must follow.
But it has been said that this is null
Observation-Disclosures of what? Can
it be said that to insist upon the cove
nants Of the institutionEis notification =?
Is adherence to those rights reserved
to the States and the people nullifca-
ton? Is it notification for the judicial
tribunals Of the country to inquire into
the constitutionality Of an act Of the
federal legislature Is it notification
for citizen Of a sovereign State to ap-
peal from the manacles Of federal func-
tionary to the judicial power to test the
legality of their application? On the
contrary, it is conservatism in its truest
legitimate sense, acting within it's con-
stitutional scope by constitutional
means, through instrumentalities Of its
own recognition. ...
Instead Of attempting to nullify a law
of Congress, it is only asserting the sl-
premacy Of the fundamental law limit
ing and prescribing the powers Of that
body. Instead of packing up her duds
and whisking out of the Union, that
she mi ght scold the more freely, Wis
consin planted herself upon the plat
form of the Constitution, and insisted
upon strict observance Of it's grants
and covenants. She stood upon her
reserved rights and powers, and ap-
pealed to the compact of the Union for
the business of her claims not by force
not by hostile resistance-not by tu-
multuous demonstration, but by pre-
cisely the same forms and instrument
alities which the federal government
employs to execute and defend its del
egated powers, viz; by due process Of
law, and before her regular constitu-
tional tribunals If this position be
called notification when assumed by a
State, what shall it be called when as
sumed by the federal functionaries?
But | cannot dwell on this subject
1t seems to me that if the States have
no right to judge of, protect or defend
their reserved powers, except by per-
mission of the federal government
if the latter is sole and exclusive Judge
thereof, as well as of it's own delegated
powers-if the States have no constitu-
tional means Of self-protection or de-
fence-then Sovereignty is cheat; for
of what avail is the name Of sovereign
ty if it can only be exercised at the suf-
ferance of superior? Let it be re-
membered that Wisconsin proceeded
according to the forms Of law, at least,
and standing upon what her older Sis
ters had instructed her were her con-
stitutional defences, she did not hesi-
tate to interpose her sovereignty in be-
half of the complaining citizen until
the validity of his imprisonment should
be tested according to the forms which
the constitution had itself recognized
and made perpetual. And I do not
hesitate to affirm that if the States shall
improvidently relinquish, orrather aban-
don this power, or if it shall be wrest-
ed from them in spite Of the remon-
strances, then the strongholds Of per-
sonable liberty are demolished, and the
citizen is at the mercy of power which
he can neither limit or control. | re-
peat, that if the constitutional and le-
gal means of defending their reserved
powers and the constitutional rights Of
their citizens shall be denied to the
States by the federal government, it re-
quires not the vision Of seer to pre-
dict The alternative remedy. -
One of the citizens Of Wisconsin pre-
sented to the proper authority Of the
State his complaint, alleging that he
was unlawfuly restrained of his liberty
The State was bound to inquire into the
cause. She was bound to protect him
against all restraint, except that which
was authorized by her own laws, or by
laws enacted within the scope of
the Legislative power of the Union
If held by virtue Of a law of the lat
ter kind the power of the State ceas-
ed if not, the State was bound to in
terpose her sovereignty between her
citizens and the unlawful aggressions
of the federal functionary, The ques-