Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-03
COMMENSURATE DOCUMENT

COUNTER-REP0RT ON THE JUDICIARY
HOUSE OF REPRESENTATIVES,, Jan. "a
The Committee on the Judiciary, TO which wa re.
ferred solution If he House of II. representatives. OF
thu 2ls ohimO, instrucpg them "to inquire into the
eSpedency OF repeaug moliIy ng the twenty FIT h
section of entitled, 'An act to establish the ia.
diciai courts of III United Sa,es," passed tbs 2Ih
September, 1889, having made a report, accompanied
by bill to repeal the SAM, The minority Of that com
mitiee differing in upinon rom their associates upon
this important s,iOn, dee l. lie their duty sub
init ,o.ths House III flowing Report:
The Constitution OF he Uoed Safes ha, conferred
upon Congress certain enumeia'ed powers, and ex.
pressly authorizes ba, body ito make all laws which
shall be necessary and proper for carrying bese power.
into execution" In the construction Of this instri.
meut, has become axiom, The truth Of which can.
not be coptoveTted, that 'tho Gsueral Government,
though hn led as oitio CTS, is supreme with respect
Ia uose o. l. ct.,'
The Cousiiu has also conferred upon the Presi.
den', 'by and with the advice AMI consent of The Sc.
nate, provided twohird OF tho Sen, present con-
cur" the power 20 make treaties.
Ky the scrcnd section II the article Of this ins,ru-
mrnt, II - declared 10 emphatic language, that this
Constitution, aud he laws OF tie United ates which
shall b. made in pursuance thereof, aud all treaties
made or which -hal be made, under the authority OF
the United States, shall he the supreme law Of T. land;
aud The Judges in every State shall he bound thereby
any thing IN tn Con.,tiion laws OF aty Stale To
the contrary Dotwhs.andirg'
The Con uu'ion having conferred upon Congress the
power o. leeaIon over ceTtAin object, and upon the
President ard Senite the power OF making tire atie
with FOREIGN nations, the mex question which
y presented itself 10 those no tram it was 10 wha
mann-r II wouli he proper that ths Constitution
ITSELF and the laws ard treaties made under its auhori-
~, 81 ould be carrie, into exrcuon They have de.
cited ts question IN the iolcw' strong and comure.
heas,ve language: Tho Judicial power chan extend
10 az eases, IN law and eq iiy, arising hs Con.
sttuion, the laws OF lbe UDiei StA,ss, auj treaties
made, wirh ths be made, Under th.'- authority
-Arncie 3, Sec. ,. This rroyi.on is the only on
wi len could fSve been mad in couei-eney with tn.
character OF the Government established by he Can.
sututioD. IL would have neeD strange anomaly had
that instrument estab shsd judiciary whose power,
q he ~ al eaIios "a.
under it, authority The symmetry OF tue sysem
would thus have been destroyed and in many cases
Congress woui have had To depend exclusively for the
execution OF Their own laws the Juiici Of the
states. This principle would have been war With
me -p'ri' which peTVaies the whole Cons tuition. L.
was y the its trainers To cr,ste Cow
eminent Nh'ch should have The power OF constituting
and eXecu ins IT. own .aw-, without any obstruction
from STATE authority. Accordingly, we mad that the
judicial pow Il hr United Stites extends in express
terms. 'to all cases in law aud in equity. ar.ng un
der the Consutuion the laws, aud the treaties of the
United SAFES. This general language compreh, n,is
precisely what IL ought to comprehend.
III the judirIa' power OF this Tilted States does thus
extend 10 "of cases" arising under the Constitution
the laws and treaties Of tn Unon how could this pow
eT be brought Into action sueh cases without law
Of Congres- investing the Supreme Court with the
original and appellate JUL dciIcn embraced by the
Constitution?
IL the imperici's duty of Congress to make such
law, aud il IL equy it duty TO continue it: indeed
with IA it, the judi ;al power Of the Uni,sd States Is
lin ted and restricted TO such only arss in the
marcus cases, evidently within is range.
When Congress, in the year 1882 iegslated npon this
subject, they knew that the ate courts would often
be called upon, ia the trial Of causes, 10 give con-
sructon TO the Constitution the treaties anil laws Of
the Uniied ates. What hen 10 be done? If the
decisions OF the state courts should he 1aI, III Con.
stituon apd laws OF the Union might be construed TO
mean one thu in one State, and another thing ano
thtT ste.
An uniformity in their construction would thus be
destroyed. Besides we might, If this the case
get into sertcus conflicts with foreign nations as trea.
iy.mish receive one construction in Pennsylvania an
oihrr ia Virginia and third in New York. Some
common and uniform standard OF construction ABB
soiutely necessary.
To remedy tb.se ODD other nconve nience-, the FIRST
Congress of the United States, compose b. in conside-
rnbe proportion, OF the trainers OF the Constitution
pass-d dee 25h section OF the Judicial of the 81
September 1889.
1t IL ~ the following language:
Sc 70 And be it further enacted, Tba, a final
judgment or decree 10 any suit in the highest court
law equity ui State, in which a decision in suit
could he had where Il drawn IN requisition the
hy OF teay or statute Of, or auth rity exercis.
ed under, the UUiisd States and the DE- cson s az ans
Their validity; where IL drlwo 10 question the va.
hdiiy OF statute Of an authority exerci,ed under
any STA Q, ihs ground Of their being repugnant to
the COn-fUiioO, treaties or laws OF the United States
anl the decision IL in favor OF such their yalidty or
where il drawn IN question the construction Of any
cl,uss OF the Constitution, OF treaty or statute of
commission held I'm Yer, the United States and the
dec ion is against the lille, right, privilege sxemp.
ton, specially set UP claimed by either party under
such clause OF tie said Constitution, treaty, statute or
commission, may he re. examined aud reverted or Of
hrmed in the Supene Court Of the United 3 ates, up
on writ OF error, the citation being signed by the
chief justice jndg", chincellor Of the court render
log or passing The Judgment decree complained Of.
or by justice OF the Supreme Court OF The United
aes ia the same manner, and under the same r.gu
laions, and the writ shall have the same effect az il
the judgment or decree c)mplainsd Of had been rem.
dered pa 'sed in circuit court; aud the proceeding
upon the reversal shall also be the same except that
the Supreme Court instead OF REMINDING the cause
for FINAL decision, before provided, may, At their
discretion, IL the shall have been remand
ed before proceed 10 final decision OF the same, and
award execution But no other shall be assign ID
OF regarded az ground Of reversal IN any such
as Aforesaid than such appears Oh The face OF the
record, and INN daely respects the bsfore entcDet
questions OF validity or construction Of the said Con.
sutioC, r. aies statutes, conrnssons or authorities
10 di.pute"
Tile section embraces three classes Of cases This
fret, bcsl Vbch State court should decide law o,
tfsafv ~ 's U0ed Smts n be void, either Lecsnse
~ volAted to Constitution N Tbs United Sa,es or fol
sny other reason. OUGHT there not IN such =,
De appeal to the Supreme Coud 81 The Unifst
s'a'r'' Without such an appeal. the Generate vein
nght might be obliged 10 behold lie laws add 20