The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1867-02-15

elared to be your undoubted constitutional
right, until ruin and deSoiatlon were spread
over yolr state, and then, and not till then,
you had surrendered your arms, and with
them your claimed right, to the federal au-
thorlty, would you not have occupied like
position of the people OF the south for the
past year and half? Because you escap-
ed doing what your brethren of the south
have done, is 1t that you have no sympathy
with them In the sorrows and grief to
which they have been bro't in their march
along the line, and to the doleful music of
diSunion, marked out and composed by your
own legislators?
Had you done the same, would you not
after such an experience, have considered
| yourselves quite as competent Tor an lntelll-
gent exercise of all the rights of citizenship
] as you were before entering upon your
course of folly which had eliminated in
disastrous defeat Of the course you had be-
lieved to be just? In your reflection upon
| all the acts of your party for the past two
years. and upon the acts of the southern
people if you please, for the past thirty
years, congratulate yourselves that they
and not you became the fighting foes Of the
government, and In regarding them IN their
past acts and present situation, forget not
the golden rule that you do unto others
that you would they do unto you.
But, Mr.. President, it is but just and fair
that here say, thatI was one who regard
ed the fugitive slave act to be unconstitu-
| tional, tyranical and odious In all its provl-
sions, and until declared unconstitutional by
the supreme court of the United States,
believed it to be better in the breach than
its observances, and would have preferred
to occupy the place OF Booth who opened
the prison and gave leg hail and God
speed you to that .fugtttve piece Of property,
supposed to have possessed Il soul painting
! for its own freedoms from humane servitude,
than Of the United States marshal who had
arrested its flight.
| believed and contended it to be the
sworn duty and proper province OF the SUI
! preme court OF this state and Its judges, IN
the cases that arose under its affecting the
| liberty and property OF individual citizens
OF the state, TO pass upon the question OF
the constitutionaity OF the provisions Of
that act, and that the decision Of that court
rendered in the case OF Booth was binding
upon the authorities and people OF the
state, until the act of Congress had passed
in review before the highest judicial tribu-
nal Of the nation and been declared consti-
tuti0nal.
The opinion of Judge Smith Ia noble man
whose superior as a jurist has not occupied
a seat upon the supreme bench OF this
state, which was referred to here yeSter-
day, upon the questions before Us, is Il
most able one. 1t has not yet been an
swered and believe it to be unanSwerable.
hold 1t to be sound law under the consti-
tuition as it is, and hope it may never be
Ereversed, but thatiL will be permitted to
stand for all time, rs truthful, earnest
and solemn protest against any aud all acts
OF usurpatiun by any or ali OF the depart
ments OF the federal government combined,
of the powers and rights it so clearly de-
fines and SO ably defends, and which [ will
not now voluntarily consent to surrender at
the dictatlon OF & usurping power, by voting
for this proposed constitutional amendment.
will never voluntarily consent that these
powers ROW exclusively vested III our state
courts for the proteeuon OF the rights of
! our citizens, shall be transferred, Subordl-
mated to, or consolidated i'll any, either, or
all OF the departments OF the federal govern
ment, III order that government may obtain
! like control over the lives, liberty and prop
! erty OF the citizens OF any other state,
| whether Ii be Massachusetts or South Caro-
| lima, or that the so-caed weak kneed con
! sentative members OF congress may have
some plausible excuse, based upon a qualS-
consent OF a majority Of the people, to the
execution IT the designs Of the radicals, by
an enforcement OF this Amendment which
! they present to the south, with adopt it or
die, or reject and be damned after the
ancient style OF putting the alternative
You shall and you sha' mt,
OH can anu you can /,
You will and you won't,
| And be damned If Won don t. "
| Some of these radical leaders, 10 screen
themselves from the odiUm Of wantOn
and sinful disregard OF all constitutional
| Obligations, which they are conscious would
| otherwise attend TO this course of Opposl-
ton to the measures OF the executive branch
of the government for the early restoration
OF harmonious political relations between
the states, and as a justification OF that
course, have been driven TO the necessity OF
admitting chat he right OF secession from
the union existed in the states, not as
revolutionary right founded in nature, but
as constitutional right, the attempted
exercise of which by the late rebelllous
states did not subject those citizens engaged
| IN 1t to the guilt aud the pains and penal
ties OF the crime of treason against the
| federal government. II, as has been assert
cd by the great leader Of the republican
| party IN congress, Jefferson Davis has not
been guilty, and cannot be prosecuted to
conviction Of treason against the govern
ment, then it is true, that the citizen of a
state or confederacy Of states commits no
crime IN oheying the commands of those
states which have in pursuance of a conced-
ed constitutional right declared themselves
independent Of the authority Of the federal
government, even 20 the leyying of war
against the government for the mainten-
ance Of that independence. If Davis and
others through whose advice and counsel
those states were precipitated Into rebel
hon, did not commit the crime Of treason,
OF what higher crime than political blum
der are they guilty, and for what are they
to be punished,
Ii the states were sovereign and indie
pendent and the compact Of Union between
| them-the constitution of the United
States-was mere power Of attorney to
perform certain duties and exercise for the
time being certain sovereign powers, and
subject to be revoked at the pleasure of any
state or number Of states, or on the viola
| ton of any of the terms of that compact by
a majority of the states, the remaining