Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-04-01

legislature
The anarchic tendency of such legislation appears the
strikingly from considerations like the following
1t is the constitutional function of the Judiciary review
the acts of the Legislature, and to decide their con-
stuonality No principle is better settled than this
The State courts have acted from the very origin Of
Government and for digest Of the earliest decisions
this point refer the reader to the first volume of
Kents Commentaries on American Law, where he will
find the principle itself most luminously stated and de-
Tended by the combined force of logic and established pre-
cedents But in the matter of Gov DORIS "rehabilita
on" is the Legislature which not only usurps the
function Of the Judiciary but exactly inyerts the cons
utional relation Of the departments and to
review the acts of the Judiciary not in the only way it
could egmatey do So by impeachng its functionaries
for malfeasance in Office but by annulling its edicts
Now, if the Legislature is competent to act thus with re-
gard to criminal Decree it is equally competent to re-
wise and revoke civil Judgment. 1t may reverse and
annul the decision Of the Court in regard to Judgment
of debt conveyance Of property. Nay more, if it
direct the clerk Of the court to annu the decision Of
the court ee it has been made then it may interfere to
prevent decision before it has been fnade.* The whole
power judicial and legislative, according to this doctrine
of the Rhode Island Democracy ceners in the General
Assembly.
1t is another principle Of established authority that
the power which makes is the power to construe the
law and far has this principle been extended and SO
jealousy has it been guarded that oil declaratory acts
that is acts intended declare what the law meant be-
fore passedhave been decided to be of mo binding
weight with the courts The Legislature has power,
in passing law to determine how it shall be interpreted
by the Judiciary But it is the doctrine Of the Rhode
Island Democracy that the Legislature may not only de-
the Interpretation of its own laws but may "revers
repeal annu and declare in all respects as lift had never
been rendered. whatever decree Of the Supreme Court
it may please to revise even though it be shown that
that decision according to Interpretation OF the
law which the Legislature itself cannot mpusn Is
| not this to reduce anarchy to system? ...s
We should not perhaps conclude the present article
without noticing the attempted justification of this out
rage the part Of its perpetrators. We find the follow
ing in the Neu York Euenng Post, extracted from the
Providence Herald and POST and which in the judgment
of the rst-named Journal makes out ga pretty clear
! CASE in favor of the Rhode Island Solons:
"The Assembly, having pardoning power expressly
conferred by the Constitution is obliged to look for it
among powers previously exercised and not prohibited
and is found in the painest words in the charter of
Charles H. p. 4, digest. The charter authorizes the
Assembly to ORDER direct and authorize the imposing
OF lawful and reasonable fines, mucts, imprisonments
and executing other punishments, pecunary and corpo
rail- upon offenders and delinquents according to the
of other corporations within this our kingdom OF
England, and again to alter revoke, annul or pardon
imprsonments sentences judgments, and COMBINATIONS
sshan be thought fit
"The Constitution now in force in Rhode Island con-
| tains the following clause: u@... .. Il.
"The General Assembly shall continue to exercise the
powers they heretofore exercised unless prohibited
in this constitution. Art w, sec. TO- ~ g.. ..
So far from making pretty clear case in favor
of the Rhode Island Assembly it that these
quotations make out clear against it for ex-
aminng the old colonial charter of Charles IL we find
that does expressly cede to the Governor and Com
pany all powers legislative, executive and judicial the
King merely reserying himself pledge of his
reignty, render of the fifth part of ell the gold and
silver found in the colony But the present Constitution
Of Rhode Island is founded on the republican principle of
the distribution of the three powers and such usurpa
ton of judicial functions that involved in the reversal
by the General Assembly Of the findings Of the Courts is
clearly prohibited by the existing relations between these
two branches Of the Government But fthis apology
were valid what would it proves Nothing than thai
anarchy had been made organic and normal in the inst
buttons of Rhode Island 1t would prove that according
to her very Constitution the only law in that State is thu
will of the majority for the time being and that her only
panaects arc the DEGREES of her General Assembly
interpreted and enforced by its despotic authority
but the Supreme Court of the United States
ago decided the very question involved in the recent out
rage of the General Assembly of Rhode Island upon The
l
which will be found in VOL 8, p. sos, Dallas Reports:
"In August, 1885, the Supreme Court of Judicature
rendered udgmentAa gainst the defendant, Col Oney,
| the collector OF the port of Providence.
"0lney brought writ of error to remove the cause
into the Supreme Court of the United States the
structon of statute of the United States being involved
in the decision; and question was whether the Su-
preme Court, whose judgment the writ of error was
brought the General Assembly, was the highest court
of law equity of the State of Rhode Island in which
decision in the suit could be had This question first
argued by order Of the Court determine first whether
they had Jurisdiction
| "Chef Justice ELLSWORTH delivered the unanimous
| decision Of the Court. .....
"' We clearly Of opinion that the Supreme Cort Of Rhode
Island ,chose judgment this rr Of error rs brought, Is The
highest court of ap Of that STATE, fo the meaning OF the
25 section Of the judicial The General assembly may
| set aside, BUT THEY COULD NOT MAKE A DEcIsIos
The judicial here referred to the act passed by
Congress 1889 establishing judicial courts of the Uni
ted States under the Constitution The 18th section is
the one establishing the tribunal in each State, whence
decisions should up the Supreme Court for re-
examination reversal or afrmanoe, writ of error.
| The Legislature of Tennessee once assumed this
power interrupt the proceedings of the Supreme Court
in the case of the State Fleming, but the Court very
properly ruled the decree of the Legislature to be ucon
sttutional and void.-Sce Humphreys Rep. and Kent
! Commentaries, vol. J. p. 496.
COMPLIMENT TO LIEUT.. MAURY.