New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1841-08-24


anarchy instead of government and order in the former
you have government of blaceter prescription and judi
cal presumption utterly independent OF popular control ia
neither case constitutional Republic.
The Supreme Court Is the ultimate legal arbiier IN all
of disputed constituonay this certain. is legal
inalbily grows the necessity the there
be tribunal to determine what and what
constitutional and therefore legally binding. Every good
citizen bound obey the laws tina; Court inerprets
them But he bound coincide in such interpretation
Must he hiak the supreme Court right Is the accident
that Judge dies in 1910 instead cf l8 that his place
is supplied by Peter V Daniel instead Chapman JOHN
settle important poin. the Political
ton OF the Constitution for ever Just contrary what it
otherwise would have been The prominent States
man pronounces Bank constitutional in 1880 and uncon-
stutonsl in 1870 Shall the accident OF hi. being calcd
decide Judge rather than the other of these Pc
RODS settle what the President citizen believe
be the interpretation The -uppositon is mon>rous.
Congress. passes law the President approves it, and the
Supreme Court pronounces constitutional As good ct
zen all obey it, and President Tyler must enforce IT,
no matter what are our individual opinions because
trary would DESTROY all security all uniformity in the
operation OF the laws render the President Dictator and
the laws the mere puppets OF his will He enforce
law while exists though in his individual opinion be
clearly uncons,utional though he may have pro-
nounced in returning the bill with objections but should
sxpre and Congress attempt to e-enac H. he may properly
say-nay he is bound .ay"l cannot approve this bill
believe it unconstituiiona-n matter if all the Courts in
the world said otherwise.
If our friend do recognize any distinction between the
President acting a. mere Marshall Sheriff in enforcing
the laws and the same officer examining bill which has
passed Congre. TO determine whether he ought approve
or return IT, We differ radically We certainly do differ
to the extent and the in which Judicial decisions
affect the Constitution. 4. citizen. shall always
srec and conform every decision o the Supreme Court
but as voter thinker or, if called act legislator
we could never consent to take the Constitution at second
bsri OVERLAND and encrrsted with Judicial decisions. We
should look it. meaning in its provisions and accept other
mems opinions Judicial critical merely lights aid
in understanding the but in standing between
our reason and tho itself.
The Constitution that " the Supreme Court shaHhd
jurisdiction in all arising under it, &c. Let us stick
10 the letter. Our friend other which to him
mean the same they enlarge the scope.
Let US illustrate ,ont Suppose Congress in 1888
had passed law eyyng for four years Direct Poll Tax of
One Dollar head on every person the Union. Mr. Tyler
in Congress and protests that this law Clearly unconst
,uonathe Constitution prescribing that NIL shall be
levied in the ratio of Representation Federal Numbers
But he is ouvoed the Court sustans the law, and during
its existence he chosen President What shall he do
He must clearly enforce the law spite of his opinions
Bat the law expires, and Congress reenacts it, What now
he obliged to sign Is hi, conviction stied by
the decision of the Court Not judgment he may
now properly say, Gentlemen, your bill is in my opinion
unconstitutional, and return it unsigned
As to publishing Judge Marsha's Opinion wish we
had room for il, but how does it bear this question
Our correspondent thinks good National Bank Constitu
onal and desirable; do The point of difference is
he right of Mr. Tyler to think otherwise and upon
his conviction notwithstanding the decision of the Court
and this point is not touched by Judge Marshall.
We are crowdisg space and must leave unanswered
our friends deductions from the constitutional provisions he
has quoted His ascertain that the President is part of
the legislative power carry rather technical
cav than substantial asseveraon, in viSw of Art Sec
Of the Constitution. So his illustration of the substantial
ientity of Bank of Discounts with Of Exchanges strikes
us rs taking very and unfair view OF the subject
We need National Bank. all say not to lend money
where State Banks vii! but give us Uniform Cur
rency and cheap cQualizcd Exchanges. If we bad in
mis- CITY which would buy collect all good drafts
'"''
rayae at distance for per cent or less sell drafts ut
fair rates. and give which would pass
current in any part of TIE country could Go yer
weul What more would we want? Now the President
argues that the power ordinary Discount necessary
10 such Bank as the country needs while the power Of
buying and selling exchange mane'tly il. He may be
wrong in this; bet our friend. argument does touch
his position only goes show that the Inhibition of Dis
counts might be evaded We could better decide that
p,int after seeing the bill passed
And now if our friend desires upou crusade
against the Veto Power exists, with him.
heart and hand. Il is anomaly in sy.,e-antrepub-
can savorng of desposm and extremely liable TO acci-
dents and abuses We should rejoice 10 ii so amended
that whenever majority all the Members elected each
House shall pass bill which the President has disaprroyed
shall nevertheless law We amendment
of the Cons iluon this effect he renaousy urged
and speedily adopted.
Mr. the suboined from