The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-04-02
WHAT COURTS DECIDE.

Counsel in presenting to the courts call attention
to the questions raised by the record and ask their opn
ion uron them Sometimes the judges pass upon all the
questions raised and at others only upon Of
them II almost daily that the consider and
deliver opinions upon all the important questions raised
and sometimes they determine points not discussed by
counsel upon either side Courts exercise their judgments
upon this sabj,ct well upon Others When judges
discuss questions not before them, and not raised in
the record, what they thus declare is called obter
deum, and is never treated by the court bind
ing esteemed by the bar authority Blu. the claims
OF a party may he disposed Of upon several grounds
each Of which may be based upon undoubed legal
truths l, belongs to the court 10 determine for itself
how many grounds it will consider and pass upon in de-
lyering its judgment. In it may be wise and
best for the parties well the public deliver its opn-
ions upon each prominent point while in others it might
be well to cou6ue them to The of Marbury Us
Madison decided by Chief Justice Marshall soon after
Jefferson into office. John Adams had with the as
sut of tie Senate appointed Marbury justice of the
peace for this District and his commission was made
duly signed and sealed and in the Department of State
when Mr. Adams retired from Office Mr.. Madison, Sec
rotary of State refused 10 deliver it 10 Mr. Marbury
whereupon The latter applied TO the Supreme Court
for mandamus to compel delivery. Mr. Madison
acted under the direction OF President Jefersou. The
powers and duties of the President and Secretary
Of State and the rights of the appoinee of the former
President ably and fully discussed well that Of
the jurisdiction of the court to award the writ prayed
for In elaborate opinion of r'yfour pages the Chief
Justice declared that when the commission signed and
sealed and lodged in the Department of State Mr. Marbuy
in fact justice of the peace, and lawfully entitled
10 he nd ut Mr. Mad IN bov.
delivered to him. and also that he entitled to hold
the commission for Eve years. and that during that time he
was no, removable by the Presidents in word the
grounds presented by Mr. Marbury coucse condemnatoy
of the course pursued by Mr. jefferson and his Secretary
State substantially affirmed by the Chief Justice
Bot the mandamus was refused upon the ground that
the court had jurisdiction in such The court
held that the statute which, b its terms authorized them
to graft it unconstitutional aud therefore void This
part of the opinion is limited to few pages I the opin
ion of the court delivered by Chief Justice Marshall in
this case authorized by the of judicial proceed
ing is clear tina, the court in Dred SCOTS case
authorized to express their opinions upon the questions
deliberately discussed by the counsel both Sides We
think valid be assigned why the majority Of
the court might not much ground 10 their opinions
the minority did 10 their dssen They had much right
TO speak Automatically the Others bad to do negative
ly They had much right express their opinions upon
the points raised counsel had to discuss them Marbury
and Madison the only where the Supreme Court
have given opinions upon points not absolutely necessary
to dispose Of the case There to be
with in the reports Ahumber OF such instances are
found in the California land cases. and among others
Colonel Frtmouts Msrposs case well in Ritohies
This also true in the great telegraph Of 0Reill
Morse and 10 Dayrs Harshorne decided tho last
We state unhesa,ngy that the Of the in the
bred Scott fully sustained by precedens
as well in the Supreme in many other courts The
camor Of the tlsckrepublican press against the court
is wholly based upon false assumption of the law
and prcceden's and besides this the precise position
occupied by the several members Of the court on the
ton OF jurisdiction canno; be understood until aer the
publication of their opinions Some Of them we under
stand held that the plea to the jurisdiction too late
aud thus regarded the merits OF the fairly opened
For augh koow, amsjority of the court held But
whether they did not it well for the public good
and perfectly legitimate in law and practice 70. the
oy Of tie court 10 discuss thoroughly the questions pro
rented To have had the asonngs and conclusions Of the
minority judges before the people, and 10 have confined the