The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1857-12-03


a domestic bearing. are usually settled by
the Legislature, and the result declared by
the enactment Of law. But the intsrpre-
tation and construction Of this law, whatev.
er he its subject matter, the force and eject
TO be given to il. its validity or invalidity
under the Constitution, are always and ex-
clnsivsly, questions for the Judiciary. And
herein lies the great glory and strength Of
our political system. The Judiciary has a.
ways been regarded as the real bulwsrk Of
our liberties and institutions. And wo be-
tide him by whom the authority Of our Ju-
dietary shall DO abridged or impaired. And
yet. If we are TO believe Mr.. BgSroS
Congress may pass laws which the Supreme
Court has no power to interpret and construe
when judicially brought before it. We ap-
prchend that more mon-trous or dangerous
heresy has never been promulgated by dis
singuished American, relative to our politi-
cal Constitution, since its adoption, than the
above.
n the above doctrine is novel and start
ling, the next dctum contained in the same
quotations. that the SuI rene Court Of the
United States is confined to the interpreta-
ton Of phrases, is ~ ridiculous Is every tyre
knows il to he untrue. Courts are not only
to interpret, that is, determine the meaning
Of laws, but to construe them, that IL, say
what force, effect and application they shall
have, or whether they shall have any force
or effect, and to declare them absolutely void
If. in the opinion Of such Court. they con-
fict with the organic law Of the State, that
s,with the Constitution. These powers Of the
Courts are well established. and concern all
legislative ensctments, and are familiar to
every one.
The truth is, the compromise act was and
could he nothing more than an act Of Con.
gress, and as such, il was not only compe.
tent for, but the duty Of the Supreme Court,
If this act was drawn in question before il,
10 interpret and construe the act. or 10 de
clare It utterly void, il in the opinion Of the
Court. the act conHicted with the Coastitu-
ton. or Congress had exceeded its powers
in passing the act, just a the Court would
do in the case Of any other acts which should
be drawn in question before il. There is
not respectable lawyer in the whole coun-
try that has disputed, Or will dispute, the
above proposition. Indeed, we do not re-
member that any respectable authority has
ever before questioned the power of the su-
prone Court, to pass upon the validity and
cons,itutiona,iy Of the Missouri Compro
mi.e act, should it come fairly before the
Court. 1t has been zcalousy contended
that the question Of the constitutionalIty OF
tina, act Was not " fairly" before the Court,
in the DREp SCorr Case. II that be So. II
follows. of course, that the decision OF the
Court, in tina, case, so far as il relates to the
Missouri COMPROMISE, is mere obdU data,
and entitled to no binding force ~ authori-
ty, but only to such weight and conslera.
ton rs the reasons and arguments it con-
tains Justly demand tor it, We are not COM
planning OF those who entertain the above
views. Their assumption being correct, their
conclusion Is necessary sequence. Bat wedo
wish, moet emphatically, to protest against
the dangerous AMI novel heresy. that the Su.
premc Court had no power to pass upon the
con4ti,u.ional'y Of the Missouri Compro-
mise act, even if i, were fairly before that
body or that any snactments If Congress,
when properly drawn inqaes,ion before that
Coar,, arc co, liable TO b, subjected to lAe
test of the Constitution, 10y tina, body.
/, such a doctrine shall ever gain foot
iug in our political system. then indeed will
the skin labor aud wisdom OF our forefa,h.
or. in founding our government, and tramisg
our Constitution. have come to naught.--
The power authority and check which the
Judiciary possesses over the other branchs
Of government, make the Judiciary the
sl-rc, anchor @. our whele system Diminish
its weight, impair lts torce and efficacy AMI
the SAFETY Of every PAR, Of the system is en-
iangrred.
Nr. Jrstvs {. R,NssN. Der Of the
gentleman who would oa - CO.. Go,erlUr
OF Minnesota. Tor some purpose which a.
doubtless understands hetter than We has
hrn busy circulating during some days
back. in a very confidential way. the state
meut that GOV. GoRNAS ia pccunjarily inter
estcd IN the Plo>EER AND pyvoyRAr In
asmuyh a. the statement j. utterly untrue
we arr forySd 10 the eonvictiua that ML
JySrr> 4. R,v>Ey has acquired ps4shLf