The States and Union. [volume] (Ashland, Ohio) 1868-1872, 1869-12-29

than from myself.
But allow me to say that the Sen1
tor revives an old and familiar ques
ton, an old customer in this Chamber;
it is the question of State rights under
: another alias; it is that question whose
agitation has been felt in the councils
of this country from the first days OF
the Republic down to this moment
and / am sorry, allow me to say, that
it should be introduced on this occa-
sion. Sir, there is nothing in this bill
to justify it. The bill proceeds on adj
mitted princi Piles of constitutional law,
principles which believe the Senator
himself, if he will give his attention to
this great question, will not dispute.
Mr.. THURMAN. Mr.. President,
the Senator from Massachusetts, has
very truly said tnat am new mem
Der of this body; and he might have
said with my entire concurrence that
no member of the Senate needs in
struetion in his duties more than do,
and that no one is willing to receive
instruction with more respect from any
member of the Senate than I am from
the experienced Senator from Massa-
| chusetts. But there are some things,
Mr.. President, that 1,ovis homo as am
l think understand; and think that
among them is this: that q motion to
refer this bill to the Committee on the
Judiciary manifests no disrespect to
the Committee on Foreign Relations.
If am not mistaken there are, or
have been since I have been member
of the Judiciary Committee, several
bills reported by other committees that
were referred to the Committee on the
Judiciary because in the opinion of the
Senate they involved some legal ques-
tions that ought to be considered by
that committee. Indeed, l think it is
very common thing in legislation to
refer bill that has been reported by
one committee to some other commit
tee peculiarly charged with the con-
sidoratien eff some of the subjects that
may be in that bill. For instance, q
bill may be reported upon the policy of
which the Committee on Public Lands,
or on Territories, or on Foreign Rela-
tions would be the proper committee
to report, and at the same time it
might well contain provisions which
would make it proper to refer that bill
to the Committee on the Judiciary
At all events, whether am right in
this or not, l think such has been the
practice and one thing is certain, that
in making that action the furthest
thing in the world from my thoughts
was to treat the Committee on Foreign
Relations with anything short of re-
spcct. ...3... -5.-
The Senator from Massachusetts,
takes exception to my referring to the
opinion of a lawyer who is not mem
Der of this body. He said that if the
lawyer was a member of this body,
even as humble as myself, for he was
kind enough to say that he would lis
ten to my opinion with respect, he
would regard the opinion of that law
yer as worthy of his consideration
Now submit, Mr.. President, that the
opinion of a lawyer is worth neither
more nor less because he is a member
of this body. The Senator would not
hesitate to consider the opinion of AL
exander Hamilton ON constitutional
question, though Mr.. Hamilton never
was member of the Senate of the |
United States. He would not hesi-
tate to refer to Story on the Constitu- |
tion, or to Kent's Commentaries, or to |
Bawle on the Constitution, although I
neither of those authors was ever a
of the Senate of the United |
States. 1 take it he would not hesi-
tate to refer to the opinion of any of
the courts of the States or of the
courts of the United States because
their members were not members and
never had been members of the Sen
ate of the United States. 1 do not
this limitation which the
Senator would impose upon the Sen
ate in considering the opinions Of law
vers upon legal questions. 1t matters
lot to me whether lawyer is men,
DER of the Senate or not; it is sufficient
hat he is lawyer, that he is n man
Who studied the law, that he is man
If ability, of character, of response
,ility and 1 do notearewhether heis
member of the Senate or not, his opin-
on is one that at least puts me on in
Iuiry if it do not command my resp5c>.
But the Senator from Massachusetts
ees in the Suggestion that I made an
pparition which seems always to ex-
ite in his mind something of alarm - !
he apparition of State rights. I do
ot know why it is, but the Senator
rom old Massachusetts, has been en-
aged so earnestly, and so affectually,
90, in putting down some of the enor- :
nous doctrines of State rights that he
Gems to have come into a habit of
lind which makes it impossible for
i'm to believe that a State has any a
lights at all. I submit to his better v
ldgement that even upon any theory
the Constitution the States have
ONE rights, and that they, can be allu- t
ed to in the Senate without emitting t
i'm who alludes to them to any charge
f reviving the ghost of secession,
1uch less the reality of civil war. 4
But the Senator says that this is v
plain thing under the power
D regulate commerce that we have /
bsolute control over this matter. /
" -