The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-02-27

Mr. Doolittle. United States Senator from Wis
cousin, made curious speech in Congress ON
Friday. His State has Dullifed the Fugitive
Slave law Of Congress, founded on the section
IN the constitution which provides for the rem
d''ioh Of fugitive slaves to their owners and
nullifed IL, too, in the face Of the decision of
The Supreme Court Of the United States. Mr.
Doolitte contends that this Is all right, because
the authority of the Supreme Court of Wiscon-
sin lie equal TO the authority of the Supreme
Court OF the Quilted States This is only in keep
ihg with the contumacy of Hyatt, who proposes
to overthrow the authority Of the United States
Senate by the decision of Judge of State
court 1t Is also OF piece with the higher
law doctrine Of William H. Seward, the chief
tain Of the republican party
When Mr.. Doolittlc says that the Supreme
Court in Wisconsin Is just as good as the
Supreme Court Of the United States, he means
that it ia great deal better; for If 1t can mako
null and void the decisions of the Supreme
Court of the United States, then it must be
above the Supreme Court of the United States;
and we don't see Why the Supreme Cosrt Of
Minnesota should not claim the same paramount
authority, and the Supreme Court of every
other State, little and great, in the Union. The
result would be, that the Supreme Court of the
United States, Instituted by the consultation US
the court of derDier resort-the final and high
est tribunal, the ultimate arbi.er of the laws
would not be supreme at all, but be the lowest
court in the lsnd.
There cannot be two highest courts, with
co ordinate authority. "Order is Heavens
first law" One is and must be greater
than the rest. In Eogland the British Par
lament is called "omnipotent,' because 1t
knows no superior legislative power, and can
make what laws it pleases is not restrained
BY any written constitution; and the highest
judicial power is the House of Lords, which,
though legislative body corresponding
to the United States Senate, interprets
existing laws, not by the standard Of
constitution, but by the intention of the
legislature. In our federation of States the
case is entirely different. The legislative
power of Congress- and of the several State
Legislatures is defined and limited; Congress
State Legislatures. They are restrained by
the constitution-the instrument of Union; and
the highest expounder of the constitution, who
is to arbitrate between Congress and the seve.
raj States, is the Supreme Court of the United
States. According to Mr.. Doolittie, the State
of Wisconsin-one of the parties to the suit
has as good right to finally decide the case
as the lawful and constitutional Judge to whose
special jurisdiction it belongs. Dooiittie's
doctrine would lead to anarchy aad "confu-
sicn worse confounded." If every State has
right to interpret the constitution for itself and
to resist the decisions Of the Supreme Court of
the United States, Of what value is that court!
II every one can do that which is right in his
own eyes there is really no law nor court nor
government at all; and to this complexion we
fear 1t will come at last. Mr.. Dooittle quotes
the Supreme Court of Georgia AZ declaring
itself equal to the Supreme Court OF the United
States. Two wrongs cannot make right. The
fact of the Supreme Court of Georgia, or any
other State Court, making such q declaration, is
no proof that such is the fundamental law of the
Union. The highest court of State
defining its own powers in relation to the
powers of Congress, is virtually a party de-
Gliding its own cause. Tho Supreme Court of
the United States is the high court Of all the
States in their combined capacity, and conse-
quently its authority must be greater than that
Of the court Of any one State.
The language of the constitution of the.
United States on the question is unmistakeable.
Article vi, clause I'd, reads as follows
"This constitution and the lars Of TIE United States,
arhich shall b. made IN pursuance thereof, shall be the
fre1ne Of the land; and the Judges in every State
eha be bound thereby; thing in the constitution
laws Of any State to the contrary notwithstanding"
The Fugitive Slave law is made in pursuance
of the constitution, and is, therefore, the SUI
preme law of the land, and the Judges of the
Supreme Court of Wisconsin are bound by it.
The constitution has established the Supreme
Court Of the United States as the proper tribu-
nal to Judge of the consttutionalty of the laws
Of Congress, and to interpret the constitution
itself. From that tribunal there is no appeal
eyes," says Mr.. Doolittle, our modern Black
stone, there is an appeal, "When State and
the United States differ, there is no common
umpire but the people" But how are the
people to decide unless they break up the
constitution, their own work, and resolve
themselves into state of anarchy. This Is
nothing else than revolution, the goal which
the republican party are struggling to reach
He says his opinion was once different from
what it is now. No doubt of it, for he and his
party have become abolitionized.
about equal to his facts.
Its evident that the policy of the republican
party is to overthrow the whole authority of
the federal government, whether in Congress,
in the Executive, or in the Judiciary, and thus
to break up the glorious Union established by
the blood and wisdom of our ancestors.