Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1862-02-12
State ana Federal Rights.
Report Of the Senate Committee on til,
State Rights Resolutions Of 1859

Report Of the Senate Committee on the
state Rights Resolutions Of 1889.
The Committee on Feleral Relations to
1 whom was referred Resolution No : ).
entitled Il joint re- oiution to rescind cer-
tain resolutions therein described, ana J.
Res No, !, y, relating in part 10 the
same subject have had the same under
! consideration, and beg leave to submit
the following a. the reporJ OF the majority
OF such committee:
The resolutions sought to be reScinded,
are cerslin joint resolution adopted by
the Legislature Of 1859 and are an ex
preston in the usual form of the prevail
ins judgment and opinion Of the person
constituting that BODY, upon the subjece
matter OF such resolutions
! 1t does not appear tl!at the said resoiu-
tions have been reatiirmei by the party
in power in this State, either throuLh the
| Legislature, or in any representative ca-
pacIty, and while it Is not conceived that
such resolutions, unendorsed, and stan L
! ing as the simple expression OF the per
sons who appro, ed OF t.iem in the Legs
| lature OF 800 can have any appreclab.e
influence Ell her ut home or abroad. We
| as the attention of this BODY has been
called TO the subject, and some definite
action IL r~g ard thereto has become nee
essary, tle Undersigned do not feel at
liberty to shrnI from such Il considerable
Of the subjc t as their Limited time WI
l,!ow
The sin lie distintive doctrine enunciatcl
n AMI bysuch resolutions may he inferred
~ reference 10 the last two thereo and
sylch are in the language following:
Rs2'yel, That the 3y.ram mt formed p j..
irf.. nm = -tEr
| 1ot nil, exclusive or flll iui5, Of the ex
tent Of the powers d-leg ited - itself, but
shat, in all other eases of compact among
parties having no common iul9', each part.
mas an equal right t. judge for itself well
If inf actions rs OF the mod aad measure Of
-cdress
Res3}cel, Tllt the principle and construc-
tion conteud-d for BY the party which now
rules in the councils of the ttion, that 3
general government IS the exclusive iud-a OF
the extent Of til. powers delegated to it. st 'll
lothn@ short Of d1spptis'n, since the dis-j'c-
! ttoR OF those who adm mister the Government,
and not the Constitution, would be the meas
ufe of their powers; thIt the several states
which formed that instrument, bcin" SOY
4igh and Independent, have the ulquestlona-
be right to iudga Of its iHfractou; and that
1 ,53S;tirc II lece Of those sovercgaties, of all
unauthorized acts do ie attempted To be
ghtful remedy.
OF this doctrine thus approved, 1t viii
not be expected that your committee viii
attempt any elaborate discussion, nor is
shis necessary in the light of current
events; bat a reference to its origin AMI
uses can hardly be omitted in any consid-
Grafton, however partial and limited, of
the subject
The language here embodied has occu-
pied so prominent place IN the political
and partizan history OF the cOsutry, and
has been 50 often referred to and repeated
in political controversies, that it has be
come familiar to the most casual observer
and So far from having its origin with the
Legislature OF 1899. or within the State oi
Wisconsin, it will be found to have sprung
from quite another quarter Of the Union,
and to have been employed for purposes I
wholly ut variance with those which lei
to the adoption Of the resolutions sought /
to be rcscindcl
The histor, Of this subject is not ua-
..,iniiiar to this body. After the passage
by Congress Of the aiteR and Sedjtjoa laws, I
and on the 10Th day Of November, l19S, (
the Kentucky Legislature, in resistance to
what was deemcdan unwarranted exercise 1
Of power on the part Of Congress. adopted 7.
: O
the following important declarations
Rlso'eed, = That the Government
created by this compact VAS not made the
exclusive or final Judge of the powers delega-
ted to itself, s.nee that would make its dsscre
dpi. and not the Constitution the measure vi I
lis powers, but that, as in all other cases OF
compact among parties having no comm
judge, eoeh pariy hts az e20lf rtght to Judgr /
for ITSELF a. wei of a.fractioss Of tie "t2cte
Qsed .aause,' II redress.
And in 1899, upon review oG ;he
subj ,ct, a kindred resolution vas adopted
by the same body in the language follow
ing:
Rexa,aeL That the principle an,!
construction contcuded for by sundsy of the
State Legislatures, that the general govern
ment is he exclusive judge of the extent OF
the powers delegated to it, stop nothing snort
of despotism. since the discretion of tAose
who administer the Government, and not the
Constitution, would be the measure of tAeir
powers That the several States who formed
that Instrument, being sovereign and lnde-
pendent, have the ua9,teStioH1j'e right 10 ;ud-s
of its iuffaction, and that au9.Rr,sfi15t byi
HoSe solrreiys'ie, of ali unauthorized acts dopt
under color Of shat Instrument is tte ri@tJu'
remedy
The Virf;n:a resolutions Of l19S affirm
the same doctrine declaring that it j
not only the right but the duty of the
.Sf4fes to judge of iuNrletions Of the Con
81 tuition and TO jHterpose 'or m1intainin
WITHIN thair limits the authorities rights
AMI liabilities appertainin: to them
Tins It IS seen that the resolutions
which have provoked 50 much criticism,
ara with single qualification almost a
literal transcript Of the Kensursv resolu
ton The Legislature of - did not 20
SO far as to pmp'ov the language Of nu'-
Iifcation, but modified the ken-univ
resolution Y Substituting for " nHllifiea
ton of all unauthorized acts. p0sitire
defiance Of all unauthorized acts.
The doctrine embodied in the Kentucky
and VIRGINIA resolutions. thoush not orig
inatai for sueh pnrpoSe, WAS believed To
afford n coveted advantage to the instEtu
ton of slavery. which claimed prote ction
unler the shield Of State Sovereignty.
and was rc1dilv seized upon bv that III
terast and rapidlv grew into mro-tanea
"a the cherished and favorite theory of
the slave power And with those who had
already come to value peculiar institu-
lion within the government, IS Of moro
: consesucnce than the Government Itself
It is easy to see WHY this should be So