New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-10-13
Brewster. Senators Bayard and FRYE, ex-GoyIern1r
t. d. Morgan, Senators Platt ana ha"iey' iia""'
ton Fish and many Others.
LETTER NOT BEFORE MADE PUBLIC.

PERPETUITY OF THE CONSliiOi AO-' ~
UNIoN-sECEssIoN REPRoBATED.
Tn October 1850, while a member OF freSluen'
Fillmore's Cabinet, Mr.. Webster wrote the follow
inc Letter intending to send it to all United States
officers. The Cabinet, for political reasons Cd
iected to the letter and it was never sent or nauo
n,hlic A few years ago il was found among MI
Websers papers at Marshfield:
The open manner IN which dlsulnoh seceSS'on' v,
seporaton of the States suggested and recommended
In some parts of the country naturally calls on tose W
whom, are conAded the power and trust OF maintaining
the Constitution. and seeing that the laws OF inc ueu
States he faithfully executed TO reflect upon the duo'
which events not vet indeed probable but may re-
oure them to perform. In the Northern ana Eastern 9cS
these sentiments of dsunion espoused prlhclpy ny
persons of heated maginatons, assembling toge."'i
and passing resolutions of such wild and violent char
acer as to render them nearly harmless Is NOT 50 III
other parts of the country There are states IN inc 'o
In which accession and ACKNOWLEDGMENT are proposed UT
recommended by persons Of character ana ihnueIoo
filing stations Of high public trust, and u Is pai "
add i'm some not unconnected WIN the
| mont Of the United States itself Legislatures OF
| some of the States have directed the uo'oin
| ment of those States to reassembe them III tno
| contingency of the passage of certain laws pS
Congress While these occurrences DO not constitute
an exigency calling for any positive proceeding ele ~
the Executive Government OF the united States vi y?
Congress- yet they justly awaken attention. ana adnoSh
ment is placed not be found either unadvised sur
nrsed or unprepared should a crisis arrive The Consul
tuition of theUnited states is founded on thedea OF %
sion of power between the general Government ana
spective state Governments and this division Is Marked
ont and defined by the Constitution OF the United states
with rs much dsnctness and accuracy as the nature vi
the subject and the imperfecton of language VIII adt.
The powers OF Congress specifically enumerated ana
all other powers necessary TO carry these spechcd powers
into effect also expressly granted The Constitution
was adopted by the people in the several states acS
through the agency ofcOuventons chosen by themselves
the Legislatures OF the states had nothing to do with tS
proceeding but TO regulate the time and manner IN
which these conventions thus chosen by the people the
true source OF all power should assemble
A PERPETUAL FORM OF GOVERNMENT.
The Constitution of the United States pp0rs 10 DC
perpetual form of government it contains no limits for
its duration and suggests means and no form OF pro
ceedin NV which il can be dissolved its obligations
dispensed WITH it requires the personal allegiance OF
every citizen OF the United States and demands solemn
oath for its support from every maa employed IN any
public. trust whether under the Government OF the
United States or any State Government This obligation
and this oath are enjOned in broad terms without qua
cation modification and with reference to no supposed
possible change circumstances events No man can
sit in state Legislature the bench OF state court
or execute the process of such court or hold commits
sion in the militia, or fill any other Office In the Sae
Government without having first taken and subscribed
an oath TO support the Constitution Of the United states
without looking therefore, TO what might he the result OF
forcble revolution since such cases can OF couse, DC
governed by previous established rule Is eeF.hh
The manifest duty of all those who inrsted with the
Government Of the United states III us several bLicos
and departments to uphold and maintain that Govern
ment to the fun extent of It's constitutional power anu
authority enact all laws necessary 10 thIt emu ana 10
those he executed by oil the means
created and confe red by the Constitution Itself - l.,
We are look to but one future and that future III
which Constitution OF the country shall stand as IL now
stands; laws passed in conformity TO 1t to he executed
as they have hitherto executed and the public peace
maintained it has hitherto been maintained " miso
ever the future may be supposed to lie ont OF tl me
is much thing TO he expected as ihS 10 pe
feared and dreaded. and to be guarded against ny e
tnnest resolution and the utmost Nsl1nGe oI an T
ntrusted With the conduct OF public alaIs no aeIHa
tive can be presented which is TO authorize them 10 dc
part from tie course which they have sworn to pursue
In comforting the necessary powers on inc gthcI;n
eminent that questions rs 10 inc just cA
of those powers might occur ana that cases OF con
ct between tie laws Of the United States and laws OF IN
dyidual might 1t was of spensaDle hees
should settled andfhe tribunal which should nave Ihe
ultimate authority to decide then sh2ua and this has
been clearly and amply done
ACTS OF CONGRESS THE SUPREME LAW.
BY the Constitution Of the UnedHStaes, ithat lnstrl-
men itself all acts of Congress passed in conformity TO
il and pubc the supreme law Of the
land and are to be Of controlling force and effect any
thing any State Constitution or State law to the con
trary Notwithstanding and the judges in every state as
ven as of the court, OF the United States, expressly
bound thereby The supreme rule. then Is plainly ana
clearly declared and established: it Is the Constitution OF
the United states. the laws OF Congress passed III Iu7
thereof and treaties made under tns huholly Oh
United States. And here the great ana turning queS
ton arises Who i'll the last resort is TO construe ana in
terpre this supreme law II IT he alleged or eGahp
that particular act of state Legislature Is Violation
of the Constitution OF the lteu olatcs hl M
void what tribunal has authority finally TO determine lhS
moi been vested in the tribunals of the United states the
Government wonld have wanted the means OF ITS own
prcserY alton all It's granted powers womb nave ne
pended upon the variable ndnccrah decSlos O S'a'e
If is n well established maxim in political organization,
that the judicial power must be made coeXtenslye Th
the constitutional and legislative power Otherwise there
he %
execution OF the laws conformity with ths plain and
necessary principle the Constitution declares that the
iudica power of the United States shall extend to all
eases in law and equity arising under the Constitution
the laws of the United states ana treaties no Icr III
what court such arises Whenever and wherever
such case up the judicial power or me United
States extends 10 it, and attaches upon II ana IL ailse
in any State court the acts Of Congress have made pro
vision for its transfer 10 the supreme toit 81 INC mica
States, there TO be finally heard anu aauugeui lh5 pro-
cccding is well known to the profession ana need not
President of the United states Is by the Constitution
made Commander Chief OF the Army and Navy and of
United and all these milit Iy means are put IN
der his control in order that he may he aoe 10 see ' e
United states therefore. though government OF limited
powers complete in itself and to the extent OF these
0v-ars nosscsses ali the faculties legislation, in in
depreciation and execution or the laws ana hoiHhg Is
necessary fidelity in a those who are elected by the
pcope to hold Office in its various departments to cause
it to be upheld maintained and efficiently administered
THE JURISDICTION OF THE SUPREME COURT.
The Constitution assigns particular classes OF causes TO
the original jurisdiction Of the supreme Court and other
courts are such powers and duties are
NAV prescribed by Congress Congress has not as yet
found il necessary expeden TO confer on the circuit
or other inferior courts all the jurisdiction created or
authorized by the Constitution thus there are many
cases in which summary jurisdiction usually belonging
10 courts such that Of mandamus ana Injunction are
provided for Thus by the act OF March 2 1883 ii is
declared that the jurisdiction of the circuit courts OF the
United States shall extend to all cases in law or equity
arising under the revenue laws of the United States and
any person be injured In his person or property ON ac
count any act by him done under any revenue law or
the United states he may bring suit immediately III the
Circuit Court of the United states and he be sued IN
any state court such act he may such suit 10
by Immediately removed into the Circuit Court or the
United States and If the State court refuse copy OF the
record that record be supplied by alidaNt; ana II
mr. .fOlX he Il be