New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-02-25

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IL precedent" Wisconsin has never gone 70
that eug,bi she has never yet denied tue appellate
jurisdiction II the Supreme CCurt in cases acSaoN,
edged TO aiise under the Constitution of the uaded
States SIZE HI only asserted ter right to luoge for
herself 10 what powers Delegated, ana VIVA re-
served by It; snd upon that quesuon ner supreme
Court is co equal and coordinate vim 'ne supreme
Court of tie ned States, bni not ihe'lN Ut su Vt-
0inate 10 Rat Cou.t II the Sapreme COnr OF WIS
cnnen hes e1ed IN assuming t1is power TO ludge Tor
Itself indie evidently Of tie Slpe ne Court OF the
Tinted S,aes wAoiargh her that important lesson
'JYe RsscIotors Of l7gS; every Democrats platform
for Che lass " enty years; the unanimous decision of
sbe gprrepe Court of Peansy lvauia, ia 1888; The
unanimous orinion OF the Court OF Appeals, the Court
&c Les reeo,t in Virginia ia 1871; the whole iud,i4
history OF GeCrgia-now, OF soon TO become the En-
rire State of The South. Mr.: Doclittlo here read
from the Resolutions OF ~, and the history
Of the controversy in Georgia, sho wing that
the State Of Georgia denied altogether the sp-
pellae uri dc,ion of the supreme Court OF the
United States and treated that Cont with most pro-
found cont mIt lido not question, and have right
TO question the integrity or good faith of the action of
the sovereieltes Of Georgia do not indulge, either
~ matter of taste or inclination, m mpugnisg the
motives OF men IN high Official station, acting on the
sOlemniy oi tier oaihs. The motto of Old England
has too much trnth and significance for to do 50
either in public private life; besides Sir, having
been reared so The Republican school Of Jefferson aud
JackfOn and maintaining, as now do, every pTinci-
Die taught IN that school, aud 3hich, | believe,
Identical with those of the Republican party of 10 day
/ mary things IN the opinion OF the Supreme Court
of (S9l to Command respect. lle Teprcsenta-
tives from lhcfe States who lave taught Wisconsin,
one OF the Youngest sisters, TO think for herself aud
20 be true 10 to her convictions should be among the
last TO censure or condemn her. j come now To the
consideration of the precic point at issue between the
Senator T0oub and myself a5 d; stands upon the re-
cord, and ~ made up by himself. When first moved
the pest .onemen of this subject the Issue stood IN
lese woTds on the record, and az Understood II:
rOoIST1IEThe assumption 81 the Senator from Georgia
law OF Congress He or be not conHtitltiorsi
"TooNBs-Certsinly Sir ,,,
rsedlns ia pistric. Court Of Wisconsin is nudity
But il your law is co,'ituousl The pro.
TooNB.-I have nothing say 10 that now"
The neat morning, however, the Senator from
Georgia corrected the record, and the issue was re-
stated in these wOrcs:
"Too~ps-whe'bor the law was constitutional, the
did depend upon tic question whether the Fugitive
Save Law We oontuSns or nos and in any event 9e De
dcton there 20 seize from prison under
Rsrs eenPiet a iistioa end 20 much q the lspsr a.
makes admit that IN sny ey. hche the Fugitive slse
wisconsin is ii. NJ, ia erroneous.
noolrr1, shan not 60 ino toe discussion question
now e. propose discuss that point future occasion but
smry Dc Ire say II the Senator Georgia admits tho law
o Ccneres is uIconsllut0na Ui,ric, Cou has ia
nit. spd tie enctionrhich be naSss can
Seon aSee5 On 6neon,1tcn l,7y ny judgment pre-
TOcSs-l merely wished to '''e position, not to 'rus
g; I'm prepared to argue Il Of sny proper tme."
The issue clearly made on h0tn Sdes an0 now iHiiy
understood. II is question OF Constitutional law, al
dressed 10 ~ Judgment, u the calm reason In the DIS
CUssion Of which passion and defamation are al no
avail. II Is question OF more consequence than the
Slavery question, and can be GsC0ssed entirely free
from al the exctcmsnts surrounding that question
The question ID Of the jurisdiction or authority coz
tened or the District Court Of the United States by an
unconstitutiotsl law. thank the gentleman for thus
rcstating tic issue; he Comedies in my Judgment the
very ground Oh - hich the Court of the United
States based their decision in 81 Howard. Mr. ID.
read extract Upon the assumption taken by the
United State Supreme Court, thai the Fugitive Slave
Law is constitutional the conclusion at winch they ar
live follows ire sistibly that person arrested uuder
would bu l. risOued under the authority OF the United
States end state Court on habeas corpus must re
and him INTO custody, fOr bc would be under legal
RESTRAINT TO take the other assumption thal ~ Is hot
constitutional, person arrested nader II wSuic oe INA,
,r;aoued hOut authority OF the nued oiagSs, atd
The state ourt on hsbeas cOryus must discharge MIN,
hecause he lder no legal restraint Nh4t IS tue
i.sDe on the hearing Of a habess corpus case The
nred Cn of the Court in such case is not appelltte
not for reve net to reverse the judgment OF other
trbunas bat II suit to inquire into the cause o.
the impIisonmeut Of citizen, and II ilegaS TO as
charge him. The very esssucc OF tue issue Is, Is al
jpurlsonut nj legal or Illegal With, or without Jaw
That il the question. Let he Tor once take the negro
out of the ettjon and forge that slaves or Slavery
ever existed habeas corpus ease II collateral sUt
in which the proceedings ond judgments OF other
CoIs are q cd into just 10 the same extent a. tbey
are imputed INTO upon actions Tor false imprisonment
or IN suits uLon judgment To test the POSITION a.
sumed by rho Senator, he says, "Concede the tagve
Slave Law to be unconstitutional, and still tina Di;-
trct Court Of the United States for Wisconsin bad
connecticut urisdciion." What solecism All the
world knows that the CDited States Dstric Court has
o special and limited jurisdiction, and only 50 much
ss the law Of Congress under the Constitution conters
all ese Is reserved 10 the State Courts. An unconst-
fntiorai law is no law-it is a nullity TIE Con-
afiiution ooes with every enactment annulng every
provision lepugnaIt TO itself; II Is the Constitution
which bIeatLes into the breath Of fe every law II
enacted with proyiso mplyng tha. 1t IS not Tepug-
oaut to the Constitution; II the cant phrase, u mas
free "subect only 10 the Cons tuton OF the United
States Hold man III prison under the authority Ol
fbe United states when the Consht1tOn, the source Of
sutLo1it forbids il Go tell the people OF q orgia
that her Senator contends that law Of Congress can
rive 10 oed States District Court competent luns-
dic,ion over subieet matter which the Constitution II
self forbds That is higher Law doctrine Tor yOn WIN
q vengeance The Courts, then, are above and not an
der the Cous tiuon Bring tbls doctrine 10 apraeleAl
test ana suppose Oness, under the general welfare
dOolIiLe Should enact law ana confer geher1
r 81 iut sdiefOn OF all suits 81 law OF IN equity ana
be,weep cifizt us of the State. one 1tzcn OF
ste commences an action az anst another Tor SANDER
i tho Uiit States District Court; TRIAL Ii ad, JaaS-
ent reI ed the defendant arrested upon the eXeeu-
finn: mon petition to the state Court ior haCeas
corsus the petitioner complains that he Is resfd'ucu
of his Liberty without any legal ciuse Ihe return On
~ Ice hoSs that he is held Under the pretended au-
toritv Of Ire Court Of the Uni ed States Inc answer
Of the net toLer at H. that the law under Whcn
he Is held is nullty is unconstitutional u IL uPoh
ec. matter which the Constitution itself o. pressiy
T,f1ids aud therefore the Cont which rendered te
iudomeut I'D no jurisdiction, had no authority 70 I'M
rson fle ,crs0n Of citizen. Il not that stihCSh'
suswerq Or suppose the 10 De an ac0h lo idieo
i,rriso nme brought against the MaTsnal, "ouu no.
the State be compelled % p9ts on the constitutions
NJ The ae sud declare the Court had no Jursde ION
,f-;.t... in Cont there COuu 90 10