Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1860-03-24

State, and must now be regarded a
the settled law. Every student wht
had read the constitution, and reflect
ed at Ill upon our system Of govern
ment, knows that the Federal Govern
ment is one of limited aud special i'll
risdiction, possessing none but delega
/ ted powers, and only rightfully exerci
sing sovereignty in those cases where
the States by grant in the Federal Con
Stitution have authorized it; and tha
the States derive no sovereign power
whatever from the constitution, bu
that all possessed by them is inherent
But who shall determine for the STATES
as to powers delegated or not delega
ted, if a controversy in regard thereto
shall arise between them and the Gen
eral government. Has the Federal iu
dietary the power to determine for the
States what powers have been delega
ted to the Federal Government by the
States or, does that power remair
with the States, because of it's having
never been conferred upon the Fedora
judiciary2 l do not find that any tri
bunal has been empowered by the con
stitution to be the final and exclusive
judge Of its own powers, or of the pow
er delegated by the States to the Fed
eral Government. The Federal judi
clary, or judicial power Of the United
States is department of the General
Government and like every other CON
stitutional department, is the creature
(by compacD Of the states, possessing
OF course none but delegated powers
But among those powers, can there be
found any constituting it the sole and
exclusive judge Of its own jurisdiction
and the extent Of the powers delegated?
If such is not among those delegated, it
must be with the state. | am not sat
isfed such delegation of power has
been made, and therefore believe that
the states have reserved to themselves
the right to determine for themselves
the extent of the authority by them con-
ferrcl upon the General Government,
or upon amy department thereof. Can
it be said that the states have reserved
themselves powers which are thought
to be essential to their prosperity and
independence, and at the same time de-
prive themselves Of all power to deter
mine what was retained, and what was
de!egated--rirtnally placing themsel> es
at the feet of the Federal judiciary p
They might as well have delegated to
the Genral Government every particle
Of sovereignty possessed by them, as
to retain any portion. and then dele
gate to the Federal judiciary the right
to determine what, if any, was retained,
and what delegated. No common tri-
bHnal was provided to which each
might resort for redress Of supposed
grievances, when encroachments are
charged; ''but each party to the com
pact pledged its faith each to the 9th
er, faithfully to observe it's provisions. .
Thus in my Judgment the wisdom of
the Fathers has left it. ssThc State and
Federal powers each imperceptibly aud
quietly operating as a check upon the
other, but crca,ing neither the absolute
and exclusive umpire that might at its
option absorb the power and sovereign.
tv Of the ether" It almost neceSsari
" follows from the propositions above
taken. that from the determinations ot
the State Courts there can 6o no aDpea
20 tie Fce1eyG1 Cuu1ts; because if that
cnu!l Lc done, ;hc Federal courts would
be enabled to exercise a Jurisdiction
anil power not conferred upon them
namely. to decide as to the powers
delegated. and those RESERVED bv the
states. ! prefer to sustain the dacis
IONS of the supreme court of this state
and hold with it. that 1t is the prope,
tribunal to determine for itself the con
stitutionaIity of any law Of Congress:
where such determination is necessar,