Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1863-03-11

ment.
f7reaashs Congressional Globe, Feb. 1sth.--
Mr.. HowE. Mr.. President, nave list
ened with greet deal OF interest TO ne
remarks of the Senator from kentucky
am delighted to hear that lie, TOR one, Il II
should prove to be he alone, Is determined
TO stand by the Constitution to defend it,
and every part OF If, IN spite Of all clam
ors and denpnciations against his loyalty
for go dong. If any word OF mine could
encourage him TO adhere to that to the
end. | would utter that word. Ii any
promise OF mine could give him strength
to adhere to it, would make that prom
isme. | tell him now | will stand by him
in justthat policy. Let him stand By the
Constitution, defend it, defer the whole
OF 1t; yes, defend ali It's powers ard all its
limitations. So will |. l with him, re-
cognize that as the true test of loyalty, the
true standard of it. l do not want any
other; and ii every man in the United
States. If every citizen who has heretofore
enjoyed the protection of that Constitu-
tionswiil 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
right. We must remember, 10 the first
place, that the Senator from Kentucky
NAV sometimes think that the Constitu-
tion of the United States grants a power
which think it denies, and may at some
times think the Constitution of the United
States erauts power which he, on the
othe, hand, may think it denies, and SO l
NAY defend q measure at one time here in
the Senate rs strictly warraDssd by the
Constitution, which he may oppose be-
cause, in bis judgment, it "a without the
line OF The 'authori;y granted TO 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 If
it ia not his right and his duty and my
right and my doty to act upon che con
vlotions of our own reason2
Mr. HOWE. Precisely that here. So
when we come to vote upon q measure, he
owes it TO his sense of obligation to the
Constitution and 10 his oath which ne has
taken TO support it Ia vote according to
the dictates OF his judgment, as | owe it
to the same considerations to vote accoid-
ing 10 The dictates o. 10y judgment; and
il will happen sometimes that u majority
of the la~-making power may agree With
him, and sometimes that 8 ms )rIIy of the
law-makiDg power may sgree with me.
Mr.. DAVIS. Always with you; never
With me.
: Mr.. HOWE should be very glad to
believe, Ar. President, az an individual,
that msjority OF the law making power
would always agree with me. | am afraid
sometimes it will not. | Will tell the
Senator that when il does not agree with
me, | will sgi 20 TO yield, not my convic-
tions bat my obedience-implicit, uD-
qualified, unconditi nal obedience to what
the majority may say, reeerying my own
convictions upon the point, With the right
to carry them for q final determination to
another tribunal than this.
30 Mr. DAVIS. Will the honorable Senator
permit NE TO ask him one question:?
-: HOWE. Certainly.
Mr. DAVIS. III the legislation of that
majority should wrest from the State OF
Wisconsin one-fourth or one third Of its
property, would the gentlenan yield 10
that legislation the implicit obedience
Which he has indicated III his last few re-
marksa
- Mr. HowK. Or the whole OF its pro-
pertya
: Mr.. DAVIS. Or the whole.
Mr.. HowK Mr. President, when that
case arises | will take it into consideration
aud | VIII give a very explicit answer TO
il. But our theory, if | understand the
theory Of the Constitution, denies the pos
ability On any such thing. 4eu may, in
deed, enact law, or put bill In the form
o. law, Which, according TO the letter,
would have the operation To take property
from one man aud give 1T to another. lie
ia within or without the line OF authority
which the Constitution confers upon the
leg,slative body. Il is not for the Senator
from Ker tucky 10 pass upon that definite
L.; but when he goes to the polls he can
psss upon the men who voted for that
law. Ii is not for me TO Pass upon it def
nitely. II il is within the line OF authori-
ty conferred upon the Legislature by the
O 70 stitutiun. then it Will be a valid law,
and then il will have The effect which the |
letter seems To give it. to take his property |
from his possession and give il To me but /
il it Is without the lice of authority which /
ths Constitution conters upon the legisIa- |
Give tribunal, it VIII not have that effect, |
nor any effect whatever; and | want To |
say here, = a general proposition, that 10
spite OF all tue camOr and OF all the ap- |
peals and of all The Efforts made to alarm
the country about demonstrations al legisla
ton here IN this land, where he measure
OF authority is 90 precisely adjusted by
written compact, and where there are
other tribunals than this, ADD mere d.
vorced troIa political considerations than
this can ever be, 10 determine whether /
law is or Is not constitutional, | know of |
nothing more harmless scarcely than an |
act OF Congress There
is no occasion tor any effort &c alarm tie /
country that their liberties are To be taken
away, or that their property Is TO be taken
irom them, by al unconstltutiona! act OF
Congress. Ii Is the last thing that will
ever happen. When any right of person
or properly is infriuged upon, take this ae
prophecy, it will be 10y consti. utional
and not by an unconstitutional act OF Coz
gress- Theirs Is, then, no danger what
ever from that quarter.
| want 10 Say one thing more iust here.
heard 1t remarked By dis lngu,sned
Senator from The STATE OF Kentucky. rot |
now representing that State. and who's.
politics, let me say, according to IN, poor
Judgment, never bore any s,.rt ui affinity |
10 the politics of my freud here, Mr.. Da.
vis aud it Was but a very tew Weeks be-
fore he uusheathed his sword TO strike at |
the heart of this Go.ernment-ttl4t lac /
believed, when rightly administered, this /