The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1851-10-11
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eThs fsl.suiar Il g sstsset ftsas III Speech
Of Jv1es Masshsii, Ia ths House Of k~pfe.snts
slives y The United States. In In eass II Sea'
sshss Robbins. In the yeas l79e fss
The gsntlsssaa ftvm New tosh had ss'ea
on ~ srrond s~etioa Of the third assicie OF the
Constitution. which ensna~rstss me rases 70
which the Judicial rpsrev Of the United STATES
extends, a. expressly including that now, unde'
consideration Before he Examined that ssv-
ton II would rot Be Improper 70 notfe a very
material uiastaiement 81 u made IN She feso'!'
tions offered BY the gentleman from New ORR.
rs the constitution, the judx'si power Of tue
United 6sstcs, IA rxle.dsd 70 al rssssssn 'sr
on eyvisy asi.ing under the Constitution 'a~s
and treaties Of the Cr,fsj Sistes: bat !h~ RS
olutioas declare the judicial power 70 extend to
~ qve,sioms arising under the Constitution,
treaties. and laws of the Tinted Sfssss. The
difference between the Constitution And The
,s.olusion. MA material and apparent. A eas
in law OF equity Mas . term veil understood,
and Of limiied s,gnihcAtion. 1t was con''o-
y~r.y between parties, which had taken shap'
for judicial decision. II the judicial power ss-
tended 20 every question under the constitution
il would involve Almost every subject prop
=, 70, leeisiativs discussion snd decision;
II 10 every question under the laws and treaties
Of the Tinted stsies, II would involve almost
every sublec, on whch the executive could act
The division Of power which the gentleman had
stated could exist no longer, ard The other Dr.
pastment. would be sxaIiorsd "p " The ypd'e-
sry But 1t was sppafen that the resolutions
had essentially misrvpressn'ed the Constitution.
lie did not charge the gentleman rom Nep
York with intentional misrepresentation he
would not Aiis,bnie 10 him sush m a''ifee IN
spy case, much less in case where detection
xn. 40 easy and 40 certain. Yet this sub~tan-
tisl d~pustuss from ,ls~ Constitution, in Fe-olu-
lion. rffrciing substantially 10 rcciir Il, was not
las, worthy Of remark for being unntcntional
1, msni,..ied the course Of reasoning by which
the gentleman had himself bseu mi-ltd. and his
Judgment BETRAYED into the opinions those fr--
oiui,ons expressed.
Ily extending the judicial power to all eases ="
isr and equity, the constitution had never been
understood to confer on the department any 20
I,i,cai pousv mhaierc. To come within this
description, . question must assume hgai
firm Tor forensic litigation and judicial decision.
There must br psrtiss 10 conn into court, who
can be ysaeh,d BY us p~tc,'s and hound ny ~
,o~,y; whose rights admit Of ultimate dcc'-'an
by tribunal 10 which they ar bound TO submit
A cAss in ls~ o. equity proper Judicial d-cs.
ion may ari~~ under treaty. where the r,gMC
ind. tAuais acquired OF secured by aireA'y n'e
10 b~ asserted " defended in court a. under
the fourth OF .is,h article II the treaty 81 peace
with Great Dyifsin, or under those ARTICLES "
our late treaties with France, kussn, and other
ns,ions, wh,eh secure TO the SUBJECTS ot those
nations their property within the United Ntob' !
A T. h,..k ..N ,,f Iii