Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1863-03-12


ain delighted to hear that he, for one, l. 1t
should prove to be be alone, is determined
10 stuuG by the Constitution to defend it,
aud every part OF II, in spite OF all clam
ors and denDnciatious against his loyalty
tor SO doing. It any word Of mine could
encourage Lin 10 adhere 10 that to the
end. would utter that word. II sBy
promise OF mine could give hun strength
to adhere 10 it. would make that prom
isme. | tel! him now | will stand by him
in lust that policy. Let him stand by the
Constitution, defend it, defer the whole
OF it; yes, defend all ila powers ard all It's
limitations. So will /. / with him, re-
cognize that as the true test OF oyaitY, the
true standard of il. do not want any
Other; aud II every man IN the United
States, If every citizen who has heretofore
enjoyed the protection OF that Consuta-
tion will adopt the same we shall neither
have any rebellion To put down nor any
d niger of rebellion.
but we must bear in mind one or two
little things to make this work exactly
right. We must remember, in the first
place, that the Senator from Kentucky
may sometimes think that the Constitu-
which | think it denies, and | may at some
times think the Constitution OF the United
States grants power which he, on the
Other hand, may think il denies, and so ]
may defend a measure at one time here in
the Senate as strictly warranted by the
Constitution, which lie may oppose be-
cause, in his judgment, it is without the
Inc OF the authority granted 10 the Leg
islature by the Constitution.
Mr.. DAVIS. Will the honorable Senator
from Wisconsin allow me, then, in the
state of case which he presents, to ask il
it ls not his right and Ills duty and my
right and my duty to act upon the con
vlctions Of our own reason2
Mr. HOWE. Precisely that here. So
when we come TO vote upon 6 measure, he
owes it to bis sense OF obligation to the
Constitution and 10 his cath which he bias
taken TO support 1t to vote according to
the dictates of his Judgment, as | owe it
t. the same considerations TO vote accord
ing TO the dictates OF 10Y judgment; and
it will happen sometimes that majority
of the Iaw-making power may agree with
him, and sometimes that mti 0riJy of tbs
law-making power may agree with ne.
Mr. DAVIS. Always with you; never
with me.
Mr. HOWE | should be very glad to
believe, MIR. President, as an individual,
that majority of the law making power
would always agree with me. am afraid
sometimes it will not. | viii tell the
Senator that when it does not agree with
me, | ail agree TO yield, not my convic-
tions but my obedience-implicit, Jus
qualified, unconditional obedience to what
she maj GRITTY may say, reserving my own
convictions upon the point, with the right
to carry them tor final determination TO
another tribunal than this.
Mr. DAVIS. Will the honorable Senator
permit me 10 ask him one question:
Mr.. HOWE. Certainly.
Mr.. DAVIS. If tie legislation of tina,
majority should wrest from the State of
Wisconsin oDe-tourth or one third of its
property, would tue gentleman yield to
tbat legislation the implicit obedience
which he has indicated IN his last lew re-
marks
Mr. HOWE. Or the whole of its pro,
pertys
Mr.. DAVIS. Or the whole.
Mr.. howR. Mr. President, when that
Il
and | viii give very explicit answer 10
IL. But our theory, if | underst ma the
theory of the Constitution, denies the pos
sibhty OF any auch thirg. You may, in
deed, enact law, or put bill III The form
OF law, which, according To the letter,
would have the operation To take property
from one man and give it to another. Ii
is within or without the inc OF authority
which the Constitution cJnters upon the
|, glslAtlve body. 1t Is not for the Senator
from ker lucky 10 pass upon that dthoite-
!, /; tut when he goes to the polls he can
pass upon the men who voted tor that
law. Ii is not tor me to PASS upon 1t def
pltely. Ii il Is within the iiue of authori- |
ty conferred upon the Legislature by the !
Constitution, then IL will ue a valid law,
and then il will have the effect which The |
letter seems to give it, to take Ills property |
from his possession and give it To me but |
il it Is without the line of authority which I
the Constitution conters upon the leglsIa-
1--WE tribunal, it Will not have that effect,
nor any effect whatever; and | want to
say here, q. general proposition, that in
,plte OF all the ciamUr and of all the aD-
1eals and nt all The efforts made TO alarm
Re country about unconstitutional legisla
.ion here IN this land, where The measure
Of authority is 20 precisely adjusted by
written compact, and where there are
other tribunals than this. and more d.
Vorced from political considerations than
this can ever be, TO determine whether a
aw Is OF Is not constitutional, | know OF
nothing more harmless scarcely than an
act OF Congress. There
is no occasion tor any effort &c alarm the
that their liberties are to be taken
away, or that their property is to be taken
from them, by an Unconstitutional act OF !
Congress. 1t IL the last thing that will
ever happen. When any right of person
Or properly is Intrigued upon, take this as
3 prophecy, it will be by constitutional
aud not by an unconstitutional act OF CON
yress. There is, thea, no Danger what
ever from that quarter.
| want TO say one thing more just here.
heard it remarked by distinguished
Senator from the State of Kentucky, rot
low representing that State, and whose
politics, let me say, according to my poor
adgment, never bore any sort Of affinity
% The politics of my friend here, Mr.. Da.
Tls. and it was but very few weeks be-
ore he Insheathed his sword TO strike at
the heart Of this Government-thath he
believed, when rightly administered, this
was tue best form of govern
ment IN the world. Mr.. President, I
think he was mistaken about it, When
rightly administered, [ think any other
form of government is just as good as
this. | tuink there is good del more
truth in that other axiom that that form
OF government is best after all which il
host I'D snA 10 rnnoo. - I