Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1847-04-02

Wy u z ilo Ohh NdlGAe "a . AiOot VI OIlGT .
persons, there is no court that has power 10
defeat the intent Of the Legislature. when
coucled in such evident and express words.
as leave no doubt whether it was the intent
Of the Legislature or not.''
Chancellor Kent. also, of New York. the
highest living authority, though citinp and
prdising the few old cases which sustain \
different doctrine, concludes with blackstone.
thus -
at is a principle in the English law. that
an act OF Parliament, delivered in clear and
lntelllglble terms, cannot be questioned. or
its authority controlled in any court Of Inns.
tice. When it is said in the books that a
statute contrary to natural equality and reason
or repugnant or Impossible to be performed.
Is VOID the cases are understood 10 mean thai
the courts are to give the statute a reasonable
construction. They VIII not readily presume,
out of respect and duty to the ~lawniver, that
any very unjust or absurd consequence was
within the contemplation Of the law. But if
u should happen 10 be too papaJe in lis Girec-
ton TO admit IF 6st en-. construction, there is
no doubt in lie EngAah lar, as 10 The binding
efficacy IF The statute. The will Of the Legis-
ldture is the supreme law of The land, aud
demands perfect obedience. '-kent's Comm.
1. AL.
Locke lays down the same principle sub
stantiafly when lie says - In all cases while
the Government subsists, the Lcgi>Ac'lre must (
be supreme. When that transgresses its
bounds, the right Of revolution begins" And
Paley also: l
There necessarily exists in every Govern |,
ment a power, from which tie Constitution l
has pro0ided no a2peqA, absolute, omnipotent, {,
uncomfortable, arbitrary, d~espotic. Fhis per- 4
son or assembly is The suFrt me power Of the
State = = = the Legislature of the State" Ct
Nor. g. Pol. Phil. Oh. 6.
Says the United States Circuit Court: til
ave cannot declare a legislative act void
because it conflicts with our opinions Of poll oil
cy, expediency, or justice. Sc
The remedy for unwise or oppressive leg ac
iSlation, within constitutional bounds, is by I'M
an appeal 10 the justice and patriotism Of The III
representatives Of The people. If this fails, pa
the people in their sovereign capacity can cor a
rect the evil; but courts cannot assume their tel
rights.
y = y Iu
Tint would submit laws to a test as falli- ia
bic and uncertain as all rules must be, which Ed
have not their source 10 some certain and rIs
definite standard, which varies neither with Is
circumstances or opinions. = =
There is no paramount and supreme law anc
which defines the law Of nature, or settles sib
these great principles Of legislation, which lis
are said by lawyers to control State Legis- stit
In the exercise Of the powers con- cot
on them by The people in the Consti- of
ant
If 1t is once admitted that there exists in lhi
Court a power to declare IA Stale law tisI
void, which conflicts with no Constitutional nit
1t we assume the right to annul tai
them for their supposed injustice, or oppres- the
sive operation, we become the makers and da
not the expounders Of Constitutions. Our tn,
opinions will not be a Judgment on what was 10
the pre-existing law OF the case, but on what as
1t is after we shall have so amended and mod bi
flied it as to meet our ideas Of justice, policy. no
and wise Legislation, by a direct usurpation w
of legislative powers, and a fragrant violation
OF the duty enjoined on US by the Judiciary CI
Baldwin {. C. X. "A. re
Mr.. Justice Iredell, of the Supreme Court
of the United States says: til
"Some speculative iurists have held that W
a legislative act against natural Justice must, =,
in itself, be void, bat ! cannot think that un- Il
der such a Government, Gas that of England,) an
any court Of Justice would possess power TO so
declare it So" OF
After quoting Blackstone TO sustain that = ~
position, he adds: q
"Ifany act Of Congress violates Constitu- m
tlonal provisions, ii is void X n n If, II
on the other hand, the Legislature of the I'm n,
ion, OF any member Of the Union, shall pass r,
a law within the general scope of their Con- n
stitutIonal power, the courts cannot pronounce n
1t TO be void merely because it is, in their NJ
Judgment, contrary to the principles of mtur- ri
al justice. The IDEAS Of natural justice are
regulated by no fixed standard; the ablest u
and Purest men have differed upon the sub =
ject.-3 Dallas Rep. 399. "
If the Legislature should pass a law in !;
plain, unequivocal and explicit terms, within u;
the scope OF their Constitutions powers, | ~
know Of no authority in this Government 10 "a.
pronounce such an act void, merely because, y.
in the opinion Of the Judicial tribunals, it was oS
contrary to the principles Of natural Justice. ",
For this would be vesting in the court lalitu- -,
dinarian powers which might be abused, and -
would necessarily lead to collision between
the legislative and Judicial departments, dan te
gerous to the well-beiug of society, or at u
least, not in harmony with the structure of
our ideas OF natural government. Justice is ia
regulated by no certain or fixed standard, so Il
that the ablest and pureSt minds might some C
times differ with respect TO il. = = Neces- i
sity dispenses with general principles. The II
Legislatures must be the Judges when that t
necessity exists.-2 Rawle (Pennsyivania) I
Reports, 374.
The Supreme Court of the United States I
affirm the same doctrine, in a sentence which i
Mr.. Spooner makes the cornerstone of his
book E
"Where rights are inffinged, where funda- =
mental principles are overthrown, where The
general system of the law is departed from, Y
the Legislative intention must be expressed +
with IRRESISTIBLE CLEARNEss, 10 induce a n
Court of Justice to suppose a design TO effect +
such Objects (United States rs. Fisher ct h
al. . Cranch, 1907 G
"This language of the Supreme Court, ii
(says Mr.. Spooner,) admits, LIST. that the pre-. s.
s~srvation of mems rights is the vital princi-