New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-04-18
NH. CONKLING,s SPEECH.

We publish TO day the speech of Roscoe Conk
Ting OF the Oneida District, in the House of Repre-
sentAtives upon the subject of the encroachmenfs
of the Federal Judiciary upon the Legislative and
Executive departments of the Government Mr.
ConklDg subjects this grave question to one Of the
most thorough and exhaustive examinations which
have been applied to it either in or out of Congress.
The tone of the speech is calm and considerate its
language is temperate and lucid; but its doctrines
are radical, going to the very root of the cOntro-
versy, and espousiDg the popular side with rare
holiness, and defending it with remarkable vigor.
The argument is original, showing patient thought
and careful Tesearch; while the rhetorical garb in
which il is clothed is tasteful in selection and grace
full and felicitous in arrangement.
Doubtless the occasional assumption by the Su-
preme Court Of arbitrarily determining upon the
validity of acts of Congress- and more particularly,
the disposition it has recently manifested to miDgle
in ard authOritatiyey decide mere political contro
versies is arrestng the attention of oil friends Of
popular institutions and inspiring them with feel
ing of intense anxiety as to the ultimate tendency
of this unseemy, not to say despOtc, ntermeddling
Of the Court with matters lyirg beyond the circle
of its duties. No one can read Mr.. CoDkliDg's
speech without feeling that is high time to inquire
whether our fathers, in framing the Constitution,
intended to clothe half a dozen mild old men,
sitting in diIly-igbted basement room Of the
National Capitol, with the power to set utterly at
naught, by their mere fiat, the most deliberate acts
of the legislative department Of the Government,
and to determine by the bare nod Of their heads
what civil institutions and policies it shall and shall
not establish or inbiOt in the Territories of the
Union. This problem Mr. G.. discusses with all the
caution and calmness that ts vast Importance de-
MINDS. The logical structure and frame. work of
the argument and the vein of philOsophic reflection
that permeates it, challenge the perusal Of all men
who care TO understand, ard will pause to consider
the novel nature Of our Federal system, aud the
precise mode in which its Executive, Legislative
and Judicial functions are distributed, and the
exact boundaries assigned to each. Reasoning
both upon principle ard authority, he arrives at the
following conclusions in regard to the respective
powers Of Congress and the Court:
l. That the Judgments of the Supreme Court are
binding only upon inferior courts aud parties lit-
CANT So long as the Court adheres to its decision
upon any constitutional question, acts of Congress
repusnant thereto will be imperative just so far as
hsy depend upon the Court for their execution, aud
no further.
III. That its decisions are not obligatory upon
Congress- in any sense, but, Ike other argu-
ments are addressed to the discretion of that body
And, whenever deciion is, in the opinion of Con-
gess, subyersiye of the rights and Liberties of the
people, or is otherwise hurtfaly erroneous, it is not
only the right, but the solemn duty of Congress,
persistently TO disregard it.
The country viii thank Mr.. Conkling for this
timely discussion, and for the ability with which IL
ia conducted. lie has mooted the test question of
the times. Shall the Court, through its few and
aged ministers, by false CLOSES of the Constitu-
ton, install Chattel Slavery as the prepondera.bg
and omnipresent institution of the Republic; or.
shall the People, through their representatives in
Congress, and In accordance with the interpreta-
tons Of the fathers, use their own Constitution in
" securing the blessings of Liberty to themselves