The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-04-12
CONGRESSIONAL.
On the bill to exempt the Supreme Court judges from GER
tam duties

duties.
Delivered in the Senate, April 9, Is4s.
Mr. FOOTE said /: Until the debate occurred TO which
we have Just listened confess that decidedly ia
yorable to the passage of this bill. But some OBJ
ections TO It's becoming a law have been preferred
which are cogen be resisted; and shall,
y to my first nclnations, vote against IT. The merits
of the bill have been fully debated, that nothing
which could now say would aid the Senate IN coming
to wise decision concerning it. shall, therefore, con-
tent myself with responding to single suggestion which
has Just fallen from the senator from Vermont That gen
teman seems to be particularly Mortified at certain AM
madversons in which honorable senators have lndulged
touching the conduct OF those who preside IN the ou-
preme Court of the Union. He appears TO be OF OPINION
that ought not, under any circumstances, to md
fault with the action of coordinate department OF the
government and especially with the Judicial department
The senator may may not be right IN the general doc
rne which he asserts and yet most evident to me,
that if any OF the three departments OF government
decreed by the constitution TO be separate and ndepen-
dent of each other should be allowed to interfere
action OF another any the exception to the general
rule should be admitted favor, either OF the Legislative
or executive preference to the Judiciary Nor do
imagine that there will be much difference OF opinion
as to the correctness of this proposition among senators
who attach sufficient Importance to the fact that the
Judges OF the Supreme Court are appointed not elected
either by the people otherwise Tor te and only
sponsble to the country through the medium OF mpeach
men-a proceeding long since ascerained to be wholly
inefficient for the purpose OF punlshg an unworthy lu
dcial functionary The occasion is not such as to allow
of my Directing in form to the mode in which the members
of the Supreme Court of the Union appointed to their
high Stations OF 10 their peculiar tenure OF once, which
induced Mr. Jefferson declare this tribunal to be sole
csm in system shall not now undertake to review
the history OF the court for the purpose OF showing how
deadly the tendency OF its decisions has generally been
to what call republican principles. shall contne
my observations single act OF one OF the Judges OF the
Supreme Court OF very recent preparation, which had
hoped would have been long since suitably noticed and
denounced by other member OF this body OF more
weight and influence in the country than myself but
which having heretofore escaped revision here shall
take leave to remark upon Sir, OF the Judges
of the supreme has lately taken it upon himself,
whilst the country engaged in war with neighbor-
ing nation, throw the whole weight OF his personal
character and official influence against his own govern
ment and in favor of the public enemy He has declared
the with Mexico UNJUST cruel, and unchrstan. He
done he has undertaken to dictate to Congress
the legislation proper be adopted in relation TO this
and has recommended measures such as would have dis
graced the nation and which true friend to his country in
either house of Congress could ever have sanctioned he
has urged that supplies should be granted for the support
| of our army in Mexico-that authority should be
given to Congress for the issuance OF treasury notes.
that the government might be compelled, If the war
should be continued to resort to the most grinding taxa
ton and thus, by the influence OF serious suffering upon
our people, to cOnsran them to demand OF the President
the recall Of brave troops from Mexico and the ter
mnaton of the without such indemnity for the past
and security for the future can alone secure the national
honor Sir have words strong enough to express the
contempt which feel for such sentiments as this judicial
iunctonary has dared to know not which most to
condemn the unpatriotc views which he has promuged
or his unblushing audacy in attempting TO dictate to
Congress the proper to be pursued at this
delicate and difficult uncture OF affairs 1t is certain
that he has been guilty OF high offence against public
decencytha he has expressed sentiments which if act
ed out would consign him the scaffod traitor to
his countrythat he has soiled, and deeply soed the
pure ermine of Justice with which he stands invested
that he has shown himself anything but true American
in heart and wretched devoee to faction its worst
and most accursed form will not say that his conduct
has been precisely bad that OF the notorious Ar
mold but do say that public councils have been
profaned by insidous harangues that Lucus Catalne
himself would have been ashamed to pronounce and
even the high tribunal where Marshall was once seen
10 preside with majestic dignity which acknowledged
| ofpifxy 1yifh war
has been dscredited by presidency seeking official
that neither gentleman nor patriot can consent hereafter
be elevated to the nobest and most sacred office in the
republic, without feeling that he dsgraced even by the
| attempt to advance him