Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1860-03-10

''to establish Justice" The conven-
ton that framed that instrument were
| the people of the United States, by
their Delegates IN convention assem-
bled. Persons of African blood par
tlclpated through the elective system
lndlrectly in getting mp that convention
1t Is well attested historical fact, that
III several OF the states at that time free
c"lored persons were voters, and are
now permitted to exercise the elective
franchise in several Of the states; they
were regarded, and are vet, as persons
that can hold property of every descrip-
ton; they can make binding contracts:
they have to pay taxes for the support
OF government; they are compelled
throngh the taxing power TO contribute
IN proportion to what they are worth
towards the making of roads and
bridges, and towards the support of
common schools. Ard can it be true,
that for all this, they have no interest
III our federal system, this would be cs-
ta5llsh'ng Justice with vengeance
But this is going further than the prop
oslt!on requires
Mr.. Justice Mclean, saws in his dis
senting opinion in the bred Scott de-
ciSion: ut has never been held nee
"essary to constitute a citizen either in
''the meaning of the act of Congress
"authorHlng DC, that the Plaintiff
"should have the qualifications of an
''elector. Females and Minors may sue
Gin the Federal Courts, and so may
ANY individual who has permanent
''domicll in the State under whose laws
his rights are protected, and to which
che owes allegiance" This is not on
iy proposition that is in conformity
with the views Of our best Jurists, but
1T Is consistent with Justice and the
theory OF our government, that where
obedience to law is the duty of the per-
son governed, protection is his right
and the government is bound to extend
It. | hold that the Federal Govern
ment was established upon no such mar
70" ground as expressed in that decis-
lon- but that our Constitution within
the range OF its delegated power is in
harmony with the Declaration of indie
pendence that enunciateS the important
truths, that all men are created equal:
that they are endowed by their Crea-
''tor with unalienable rights; that among
''thcse rights are life, liberty, and the
'pursult of happiness"
The remaining portion OF the propo-
sltlon involves the doctrine of the non
intervention Of Congress in the affairs
OF the Territory. l hold that Congress
has full power over the territories of
the United States; that everything that
pertains to the government of a territory
is under our Constitution rightfnl sub
Iject OF Congressional legislation; that
the organic act passed by Congress by
which, and under which, territory
commences its existence as a govern
Tent at any time can be amended by
Congress ; that it is no: only within the
power ni Congress in such act to pro-
iiih;t slavery, i,nf i IS their iuty SO to
DO, ana IL that same act it ia the duty
OF Congress to !ay down certain flnda
mcnta! prii,ci pies OF government to pro-
tect the people, not only against the
; encr"">h;nents of slavery, but for their
protection against every form Of tyran-
ny Whatever.
The 3rd proposition is not denied in
theory by any party in the United
States, except the latter portion, which
reads as follows: ''In all cases the
States possess the right to determine
for themselves whether the powers ex-
ercised by the Federal Government are
within the purview ofthose delegated"
[ hold that the States within the range
Of their reserved rights are supreme :;
that within those rights eacn State is
sovereign and independent; that the
Federal Constitution is an instrument
ofdelegated powers, and that s'tha pow
ers not delegated to the United States
by the Constitution nor prohibited by
it, are reserved to the States respect
lively, or 20 the people," This being
; stitutional law, it must follow that the
States must possess the right to deter
mine for themselves upon the question
above stated. This right is essential
TO the very existence ofthe sovereignty
of the States, and is the only cfiectual
check to Federal usurpation and the
consequent establishment of an over
whelming central government.
The 4th prooostion Of the appellate
Jurisdiction of the Federal Courts over
the State Courts, will require Of me at
this time but brief discussion This
doctrine, to have valid existence,
must be found in the Constitution
Any person who will take the trouble
to examine the Sd article Of the FEEDER
al Constitution, commonly called the
Judiciary article, will lind that by the
III of construction, that | contend for,
no such jurisdiction exists; hence, if that
rule is correct, it follows that all laws
of Congress providing for the removal