The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1865-03-15

rights Of those brave men wnO have zone
|, forth 70 defend the privileges which We now
enjoy.
Mr. Speaker. al these considerations are
before Us, aud I cau OILY meet them with
that manliness thar i due 10 every Ameri.
can citizen, and discuss them upon fair and
just propositions. Now. sir. suppose This
House should pass a law controlling or fur-
nishing opinions for The supreme Court.
would tlal body AZ once bow to such dicta-
IlonF No Sl- They would say You have
no constitution q. authority; Tie Const!tu-
ton MAKES us a. Independent branch Of the
government. and YOU have ~ jurisdiction
over rs a. cases @! ,A-s Kind. So say wa 10
al Whcm AZ may concern; We have cOus,i-
tulOna. jurisdiction over our own BODY md
you have no right to interfere.
Mr Speaker, Ia vindicatiOn Of nv posi-
l4C1' lei ne furnish lhis House 4 precedent
which was established long ago bv General
Jackson, when he vetoed lie United Sfa-.S
Bank. or the ground Of unconstitutionalitv.
Having been reminded that the Supreme
Court had decided that il was constitutional
he SAID IN his veto message 10 Congress
90 Il the opinions vi tie Supreme Court Gov
ered The whole ground Of this act. T. ought
not TO control the coordinate authorities Of
The government. The Congress. the Ex-
ecuu'e aud the Court. must each for itself
oe guided Ol lis opinions Of tie COnsttitu-
non Zach public officer who takes al
Oath 10 support the Constitution. swears
lnal ne VIII support II Is he understands IL
ana hCt as Il l. understood by Ot1ers Il Is
. AueA lie duty OF The House Of Represen-
ta,lFes, OF the senate and Of TIE President.
10 decide upon the cOnstItutiOnalty Of any
blI or resolution which may be presented 10
them Tor passage or approval. rs il is OF the
supreme Judges when it NAV be brought be-
fore them for decision. The opinion of
the judges has no more authority over Con-
gress, than Congress has over the Supreme
Judges. and on that the President is indie
pendent vi both. Tue authority OF the Su-
preme Court must not, therefore be per
mitted 10 control the Congress or tie Ex-
ecutive, when acting in their legislative
capacities, but 10 have only such influence
as the iorce VI their reason may deserve
Ihe relative sections governing this matter
are precisely Identical in our Federal and
state Constitutions; and this reasoning.
therefore, is as cOgent in the one case as In
The other
Mr Jefferson IS equally explicit In 4 let
Ter 10 Judge Roan, dated September 9Th,
IoIy, that great statesman SAYS:
Ny construction Of the Constitution is
that each department is truly independent
OF others, and has equal right 10 decide
Tor Itself what Is The meaning Of tie Con-
stituti0n on the case submitted % lis action
and especially where i IS 10 act Ultimately
and without appeal"
Again. sir, 10 allow that tie decision Of
the supreme Court is al once 10 be bowed
TO, and these members by that decision
were a. once comp elled 10 vacate their seats;
II then, fOrsOOth, every member Of this
Legislature were elected by the soldiers
vote and came here with their certificates Of
election, and this entire House were dis
solved, by what authority would these cou-
testants organize this House without a
certifcate-without evidence Of having anv
right 10 seat here; as well might one hun
dreG South Carolina negroes organize for
our Legislature, Is these contestants.
IT, Sir. these seats are 10 be vacated. Il
can only be done by resignation OF expul-
sion; II 10y expulsion. it must be for i'm
proper conduct, and when so vacated. they
can only be filed by al election OF the
people. The day, sir has far gone BIZ when
these cases could have been reached: and
had they then and there been met. they
would have met the same fate as the cases
which We have already adjudicated
Now, sir, l think have clearly shown 10
this House that il has fully established and
laid down the principle in the ADJUDICATION
Of former cases what should be the rule IN
all future cases. taking IL Tor granted that
We are Tie sole judges Of the elections
qualifications and returns Of the members
Of our own body.
In conclusion, Mr.. Speaker, I feel that I
have acted in all good conscience in this
matter, before God and man: but. according
10 the judgment OF some men. | have com
mitted a great sin for holding opinions
against j majority Of the Supreme Court.
Why, sir. if MY sins are 50 great In differ
lug with 4 majority OF that body that !
must be called nullifer, what must be the
sins which the Honorable Chief Justice must
answer for? Why. sir, must bow 10 that
decision so soon. Why have The gentle
men any argument for its Why, thev say
il is the law Of the land and must be re-
spected. So say l. and l will respect il
where il has jurisdiction; but, sir, 1 fail 10
see the Jurisdiction in this case and the Su-
preme Court pretends 10 no such thing:
therefore. believing my judgment correct, /
have a right 10 my position. and would not
only be amenable TO myself but 70 my God.
10 my country, 10 my cause, aud the brave
men who are to-day lighting that may en-
JOY such right
Now, sir, wish 10 speak Of my own ac-
ton in this matter as far Is have been con-
necIeG with l. when these memorials came
back TO this House asking seats for these
contestants. they were proposed to be tabled.
I believed that course would have given rise
to censure and 10 feeling. and believing this
subject should be fully met. I was oDposed
70 tahling them, but asked that they might
take the usual course I dit this. sir. partly
because l was in doubt. and partly because
wanted tlis question fully developed.
But, sir upon q full and Careful investi-
CATION, have fully come 10 tue conclusion
that shall have fully discharged my duty.
and trust my cause n the hands Of : loval
and brave constituency, who have ever
stood by iheir country IN the darkest hour
Of its history. know their loyalty. their
love Of country, and their sacrifices II
maintain is honor. In my votes upon
this question, appeal for support 10 the
hearts Of our brave soldiers, VINO have per
led life anu property on many q well fought
fed; who have faced the rebel cannon and
trOd the field where the graves Of their TEL
low companions lie thick IS autumn leaves:
who, We trust, VIII yet return 10 enjoy the
fruits Of victory. Aud now. Mr.. Speaker.
snail be terided from the discharge OF ny
duty oy the piping reeds Of the editorial
tripod, or their impudent and brazen re-
ports, who have already in their declara-
tons, consigned NE 10 my political grave
aud By The help Of secesh democracy, agree
20 erect ~ pOlit.ca. tombstone. Sir II
they have erected tlIs stone a. the head OF
my political grave, al the request have 70
MAKE =. that tGs brave soldiers OF nv dis
trict, upon their return. shlM write wiki
-heiE swords ne epitaph upon Nv tomb:
" Here lies the body Of one who dared 10
defend or rights il tie Legislature of our
State"
- Tim pi.l-,,,~.,,1 - -. - - 81 o.,