Courts Cannot Change the Constitution Speech of Hon Jr Doolittle of Wiscon

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Courts Cannot Change the Constitution Speech of Hon Jr Doolittle of Wiscon
James R James Rood Doolittle
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I will venture to say that, in every Supreme Court of the States, and the Supreme Court of the United States itself, the doctrine has been pro- claimed a hundred times over, that where a court proceeds without jurisdiction of the sub- ject-matter, its whole proceedings are absolutely void — not voidable — to be reversed if carried up on a writ of error to a superior tribunal ; not that they are to stand as valid until reversed — but that they are absolutely nullities, and of no more effect than... if a private individual should pretend to render a judgment in either a civil or criminal case.
I come now, Mr. President, to the second branch of this legal or constitutional issue be- tween the Senator and myself, as to whether the fugitive slave law is or is not constitutional. I do not propose, at this time, to go into an elabo- rate argument of my own, to defend the grounds which have been argued by the judges of the Supreme Court of Wisconsin. Their opinions shall speak for themselves ; and they are fully able to defend themselves.


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