Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1878-07-20
FEDERAL AND STATE COURTS,


Gentlemen OF the ConyentiOn--J tb.nl-
N"" most sincerely for the honor which
you nave conferred upon me on this nc.
casi"h We have met together as dele
SateS from The different counties of the
a'atc III accordance with the ctluc-honoreJ
"s"s VI the democratic party.to consult
'"S''hei III regard to the interests of tho
'''I''''4 anu tAe interests Of that party.
'''i'' "'>' l" h'ahe nominations of officers
VINO you nave already been informed ,r,
~ ''c 'Iecle'' IN accurdance with the
nominations made by this convention ,t
IAe heAt fai! election. This is not III.
Iiile' gentlemen, nor is il an occasion. to
enter 'h'" = discussion Of the political
questions oi the day but do think II
''hPol '''i'' III view OF the offices which
we are called upon TO fill bv nomina-
.''"H' |" say one or two words in regard
,"a "c" question which has been brought
~ .'e e,m>'"era'ioh ~, OF the people of this
'''' INC once "l Judge o the su-
preine court which We have ,u fiji ,t Tho
''"i''t'2 ,.ccII"h. AID a domination to
"'''i 'Ai'e we are expected to make 1T
the meeting ol this conycut,on * cers
tahly one of the mos, inpor,nn, ,t,;ras
IN TINS state on accoun; Of the im,,rt,nt
duties 10 be performed by tho n,,;rors
VINO are to discharge its duties and the
Ir;Iih oi time the Office is held reIar
l." lhis occauSe there has been n recent
| attack n;tdc upon the Judiciary of the
>t'te-t most unwarranted attack
| we are told that the people OF Missouri.
through Their Judicial officers. aided. of
course by THIS convention. are about to
| ihtu4 "tate new revolution in the stale
nl Missouri that defiance of federal AL
| 'h"iitN pS thc state authority is again in
Inc a7cend'tnt. This declaration has been
| 'lt"' "S i prominent member ol the other
! tfuN III II solemn argument before 4
| """f' "i Justice. | call it To vour atten-
ti"h now III order that may rcpel and
lhAt You may rcpel. il you think proper.
me ulinundcd accusation made arains,
"'T lldirIary. Appausc.l We are told
| lh@t the state Judges and The state lcrls-
l:.t"lS ti"r this is the language of the
distinguished gent,eman) who violate
III" constitution ui the Initrti States must
De "u>ie! from power: that they are
ABOUT 10 lhanguratc Il new rebellion in
the state "f Missouri, alludinr to the de-
"l>I"nS mae. by our coultupun tho town
'hiP noni question; and refer to this
question because it is an important one,
= ana Decousc | profess to know some
lhn" about ii The supreme court of
'i.e state has not undertaken to violate
me constitution OF the United States. nor
nav" they violated the constitution OF tho
I nlled States. Il is true that there is
conflict oi opinion between Judges of the
state court and Judges of the l.. 5. court
upon thit single question. but it is ad-
united bY the decisions OF the supreme
court from the beginning down. that that
court ('ne supreme court of the L. s.
- b'und by the decisions of the state
, courts upon questions OF constitutional
law involving the construction of state
Jaws and state constitutions so that If
'heTe l. any rebellion, it is rebellion
against state authority and not against
| iedcra. authority. fChcers. That clause
'l me constitution Of the United States
winch declares that no state shall pass
I any law impairiu- the obligations of
: contracts has been invoked, but there is
IA" cH"rt to violate the obligation OF a
contract because Il court which has au-
fhollty admittedly to declare what is the
constitution OF the state, and what laws
passed by the state are in pursuance of
= that constitution, has declared that there
Il l. no contract; that the contract when
made was made without authority of
iaw. and therefore that there was no
) call your attention to the question
! because gentlemen are Invoking dan
/. gerouS precedent 1t is true that il this
conflict remains between the state tri-
hunai and the federal tribunals that the
f state Judgment will have to be executed
, one way and federal judgments III an
'' other. but the supreme court of the Uni
: ted States has also admitted that they
c cannot institute a proceeding 10 compel
Y the levy OF tax to pay 4 debt of that
. KIND against municipal corporation un-
= less 1t Is IN pursuance of provisions OF
y state law: SO that the state has il III its
l. own hands to determine how far and to
y what eNteut judgments OF the supreme
! court OF the United States or federal tri-
= huna}s in this state shall he enforced
against municipal corporations. In re-
gard To the matter Of paving judgments
: hN .eVyInTa a tax to pay these judgments,
Il the supreme court OF the United States
i has drtcrmined.that all that can be done
:, Is that the marshal OF the federal court
, shall execute his process Just as he exc
- cutc> it against inIviduals-levy upon
| property to pay the Judgment. If he
b.. can find n" property, he has no author
y ity. Nor has the federal court any au-
thnrity 10 levy tex TO pay that .judg-
- iuent.
n Now. gentlemen. | mention this be-
. cause it is i'll accordance with the time
| honorcd usage nf the democratic party,
and ii is one of the fundamental princi-
pies Oi that party to resist the encroach-
u memtS OF arbitrary power. and If there II
= anything that endcars the democratic
= party to the people OF this country, it is
that they, ut all times and upon AL occa-
:. | ST,ns b.t,- Inn,, IL, 10,
; croachmcnts of the federal officers upon
Y there served rights otthc states Cheers I
J. This is one of the reserved rights OF tho
. states-so admitted by the judgment of
the highest judicial tribunal of the Uni
ted States. and gentlemen are raising I
false alarm when they tell us that there
Is Il new rebellion being inaugurated in
the state OF Missouri against the author
ity of the federal government. The re-
hel!Iun Is the other way and it is Tor us
To stand up to the adjudication OF our
= state courts. When they undertake 10
u interpret the constitution and laws of
our own state, they are supreme over
the Judgment OF any other tribunals in
the land am, and ever have been, Il
states rights man to the extent of pre-
: serving the reserved power of the states
u under the provisions of the federal con-
sttution to the fullest extent. am tor
= the Union. am tor the United States.
, But. gentlemen, there can be no UniteH
y States unless there are states TO be uni
: ted. And il the powers OF the states re-
served to them in the constitution of our
; fathers are to be taken away and swept
from under them. .then there are no states
worthy of the name of states, and there
IS no United States OF with we can ba
proud. 1t there is anything tor which
Il the democratic party deserves the thanks
OF this country. il is because they havn
: resisted and are resisting now the en-
croachmentS Of the federal government
Z upon the rghts.of the states; that they
are resisting the efforts which have been
made To break down the barriers of con.
; stitutions and establish in their place {.
Il consolidated despotism at the federal
seat of government
These questions, know, do not coma
: within the ordinary sphere of political
discussions; but they are brought to the
consideration OF the people of this state
J. by recent events. They are questions in
: which the people of the state are deeply
interested, and alludc to them hecause
} when we stand up for our state tribunals