New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-02-08
tuition. Nevertheless the Judiciary has

Constitution. Nevertheless the Judiciary has
properly no supervisory power over Congress.
Both derive their authority from the Constitu-
ton and neither ~ subordinate 10 tho other.
While law is not contested, while no case
involving It IA before tho Court, there il nothing
TO warrant Interference Congress may pass fiji
! ~ unconstitutional acts and every one Of them
lies utterly beyond the reach Of the Supreme
Court, I'll for the determination Of some judicial
controversy it becomes necessary to decide that
the statute is, or is not, constitutional.
II follows from this exposition-and it is also
a maxim of law-that an act Of Congress is pro-
sumed TO be constitutional until the Supreme
Court has judioially declared that it is unconsti
tutional. Whoever disobeys an act Of Congress,
does it at his peril. All Prescriptions are
against him. 1t is the duty Of the Executive to
enforce the laws, and it is not his duty to wait
before enforcing them till some case has arisen
which may give the Supreme Court an opportu-
nifty Of expressing its opinion concerning them
There are hundreds of laws to-day on the statute
book which have never been, and which never
will be, pronounced constitutional by the ST.
preme Court, or by any other tribunal. Yet no.
body thinks Of refusing to obey them.
Nothing, then, could be more absurd or more
unconstitutional than the proposition that The
President and Governor Seymour should be-
come parties 10 u fictitious case in or
der to procure the opinion Of the Su-
preme Court upon the Enrolment Act.
The Court could not entertain such case. 1t
has repeatedly declared that it will pass upon
no questions except such as are necessary TO de-
termino cases regularly presented for adjudlca-
ton. 1t has more than once stricken cases from
its docket on the suspicion that they were made
up by agreement. If it goes beyond its proper
jurisdiction, aud pronounces upon statutes
which it il not necessary to consider in order TO
decide "A pending cause, such opinions are not
law, ore not conclusive upon inferior tribunals,
and are not entitled to respect. Witness the
contempt with which the Dred Scott case has
been received by the country. That was not in
any proper sense a judicial decision, but is
mass of obiter diota throughout, and the opinions
are the opinions of Roger b. fancy, not Of the
Supreme Court. We want no more such. We
have a respect ior this tribunal so profound that
We do not desire that it should usurp functions
which do not belong 10 IT,
As for the Enrolment act, we have no doubt
Of its constitutionalify, and no doubt that the
Supreme Court would Affirm it. The act has
again and again been declared constitutional by
courts Of inferior jursdiciion-by both State and
United States tribunals. Very recently the
Supreme Court OF Pennsylvania, in u decision
which is q monument of learning and ability,
has affirmed il validity. The Court Of Appeals
in this State would certainly pronounce SINH
| lar decision-and We may remark in passing that
the Judgment of that Court would be sufficient
TO control the Official action Of Governor Sey-
mour. But there il no reason for anticipating
or acoelerating the decision Of this OF Of any
other tribunal. The Enrolment act il TO be
regarded for the present as law, essential to
the welfare of the country and the suppression
Of the Rebellion, and therefore to be promptly
enforced By the Executive.
We have no apprehensiOns that any such
proposition as is suggested will be considered
at Washington. What We deem mis-
chicyous and desire to counteract by this
plain statement Of very familiar principles
is Tie persistent effort to undermine
the public respect for law by disseminating the
opinion that oil laws depend on the Courts
for their validity, and that until u law is
declared constitutional by the Supreme Court
of the United States 1t is at the option Of each
individual TO render or withhold obedience to it.
In the ordinary course Of judicial administration
il must be years before an act of Congress can
come before that Court Are We meanwhile to
have On angry discussion, suspension of ODE
dience, and perhaps an armed resistance to it,
enforcement No loyal man will advocate such
an anarchy as that, yet it would be tho ineyita-
bic result Of the general adoption Of the views
which are urged in many Democratic journals
against the execution Of the Enrolment act.
We exhort all good citizens to turn from such
oounsels; TO recognize the legislation Of Con-
gress as constitutional until it il declared other
wise, and to render cheerful obedience TO the
Law regardless Of doubts as to its eIpediency
or iis consututionaty.
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