Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1852-09-25

Die in question given reason Tor The decision.
OfcourSc, sir, when the controversy is III any
manner connected with n law oil Congress or oil
State Legislature, this ill be taken into CONSIDER
alton by the court, every other matter would De,
which would maze it proper to decide the dispute
i'll one way or the other. Not that the court mas
any particular right topronounce authoratlvelynPr
on the validity of the law, and thus so fepcai OF
mn Ike it void, but because it is their duty TO decide
a controversy they think just and equitable
Their opinion of the validity or the nvalldity OF Il
law is no part of their decisions it is only the reason
that led them toit.
Some gentleman, however, seem 10 suppose that
one of the objects of the establishment oil the SUI
premc Court. was to decide upon the constitution
alty of acts of Congress, aud the, rights OF the
States, and every department OF the government.
Sir, whenever such questions are connected Win
any controversy which is brought before them Tor
adjustment is nquestionably their privilege, or
rather their duty to inquire how lar they ought 10
influence their decision of the case. But this OBJ,
legation equally belongs to every other tribunal
whose duty it may be todecide cause. The CIR
cult courts of the United State, the various courts
in the different States and the justices of the
peace, have net only rs much right, but are us
much bound TO decide upon the consututionali'y
of the acts of Congress the supreme Court oil ie
United States. Nay, sir, the Court oil queen
Bench, i'll England, has precisely the same priViie
pcs 10 determine upon the validity of an act oil our
Congress the supreme Court oil the Clnled
States; and ever acontloyerSy should occur theIe
involving all act of Congress, that court would oe
rs much bound to consider and determine upon It's
;on,l;t,, ~, o,r o,vu s,,prcme Court would
coi'S'''"''o''''i''y 10 '"i Wv -
Mr.. STEVENS, of Pennsylvania. Do 1 under
stand the gentleman 10 assert that if question nrls-
ES,and +be court there wuuld not be bound to
compare that law with the Constitution, and decide
whether il coniicted with the Constitution or not
Mr.. AllLLS0N. On the. contrary l say exactly
ny Nj SiTEvpNc 7 rstoud Won 10 deny that
:, 49, ,,,r.,no Court has tbr mower
''S A. xiii CON g, far from it. | saw that the
,,nrnme' Cour, has the power that the courts of
Wilma have the newer, that the courts of Penn
svly,uio have tb, mower and that the courts of
| = ,,,J h.o tha nn,,.ar say there is no cxcIl-
,r;,.;Is,ra Granted ia the supreme Court to de-
t,,i,, Hs,int;ona, oursto:,s and the. ex, rcjst:
- oi o,,,.r :. !, r,ar,. incident in their decision
| r. r., - ~; ,,,,,,ar must he exrrciseL by
Vi, ~ -, An,,;c, in Great Britain and in
| L.at,,t -. Ill &c l,y th. snpreme Court
| :WJn,,n,.nr ,o,, o,, called unon to determine a
,isn,,. ,n,, m,s, decide that DISPUTE upon all the
.,,, IL at ,nne,r IN II, inst For this reason Il
ah ON ,,ry ,,vo Inc riub, in a criminal cas,.
ja.! =. VI. =, ocms;,nt;on,1;tv Of acts of Con-
and smgls. arbitrator has the same power.
~, M. sunnose Thai n claim should be made under
nm act of CONGRESS imposing penalty, and granting
ono holfor tie who'll, of il to the in(onncr. The
Dar.;.. ,,ra. n, 1s,h,nit The cas- to an arbra-
;nr Sir ttot Arbitrator is as much bound to con
Sir,ha cnnsi;tut;ou,i;,v of the act of Congress,
| NJ ,rh;ch ,L,t urnolty is claimed as the SUI
| -, C,,,,rt would he
,.,, thcn VIII Inc idea that the DEGREES OF the
Cur, ,r.. ti smnrem,. laws of the land:
r not tI,I court was drsiynea to be tribunal by
tI,,. ,,.rs reserved 6v the States or srn III
.J ~ CONGRESS. wrr,. to be iimlly asccrtaimcd-
NJ, ,crnn. nj t,,,. ..uDr,re Court ouerate upon
hIs h,, III. n,rIirs hrfnre them: anil vet sir /
~ 80, ,,,,,y.r. th,i COM. of The iu,iscs of that
| ,,,,I hat
| nam az a good iuIy, TO extend his lursdcton''-
i,:yc claimed authority to iuvalidalc acts OF Con-
grcSs AMI of the State Legislatures, anu perhaps
even fancy t at it is their prcrogatve to do So.--
| One of these Judges III expressing his views upon
the Passenger cases. decided not lcng since, says, i'll
| the tone and language of Sir Oraclc:
Il think it obligatory upon this court when there
is doubt OF the uuc0nSil.utionality OF law, that
its Judgment should be- in favor OF It's validity
| srh. court means TO deride: |. That the acts OF
| Naw NorE and Massachusetts imnosing n tax upon
passengers, &C., are unconstitutional and void
| Sounding pilraseolosy, truly; but then it comes
from a co ordinate branch Of the Government who
was n Justice of the peace III Virginia. daughter;
and that respectable ordinate branch the Gov
rnucnt was in the habit of 'dccding' certain acts
lof Congress to be unconstitutional and void when
ever they came up before him. myself have ar
,ucd before him questions involving the constitn
,ionalty of acts of COngress--thoSe, for instance
(which vested justices oil the peace III Virginia VIII
portion OF the criminal jurisdiction OF inc oHilec
Staes-and that very worthy anu 'espec.hpie GO
ordinate branch oil Inc uoVefiiicil. INV ~.
cided thai ms act OF congress was "'ie'''''''u
iomai. a,,.;a :, o,r ,o,,;s
WOW, SIT, arc We II. t'lc ~ .i So g., no, o
latiTe inhccns' /" be arrested py 'lc lear liia gu
Y, u Co,,t5 And are we r.
",,T'. no, Sr,n,. nnvry has bc,n granted tc
his co,,,t hrcoms il Ink been named the suprc,
r r,r"
,,o ,,,an,;,n Of N.
But SIT let me now can le at'emlioit .. .i's
House 10 me dcclSon OF me cou.. itSeia II, 5i''
Wheeling bridge case, OF rainier 70 .'e op,iilo" ne