The New York herald., 1867-04-13
NEW YORK HERALD SATURDAY, APRIL Is 1sS-rRlrLE SHEET


shs ssr,e foot AZ with him in that respect VIZ ths an
gle excepon that when the President ried the Chief
Justice must preside ~ because ne nay be impeached
out OF ofce then tho ten tusand oicers Of the United
States who are subject 20 impeachment cannot be tried
until they out 6f Office aIso heard with deep
regret remarks which trust will turn out 10 be
hasty and inadyerten that fell from the lips Of
my learned and able friend, who is so
Ss ss Whole "aa 50 % oss %
he said that fthis court In the performance OF It's sworn
duty should proceed under s oath OF office 70 defend
the constitution Of the United States from violation,
even by the hands Of the Presdont the President
would not obey its order, aud that there would be
brought on direct and fearful conflict between the
President and this great tribunal Who has con.ended
more strongly and with mora ability than this very
President Of The limited States n his VARIOUS ~
his Cabinet least portion Of them, for the nsy
OF the decisions of the Supreme Court OF the United
stitutionf who has urged from time 70 time, with
more ability and force than this President the great
are sworn to support the constitution Of the United
sates and that this great tribunal, this arbiter,
was created BY The constitution to avoid Just sych
result my learned brother has referred for the
peaceful and final and ultimate decision q all sooh
questions as this What the President Of the United
States not obey the mandate Of this Court not he
disobeys the mandate OF tue constitution.
The ATTORNEY GESERAL-The gentleman viii allow me
Thomas Jefferson in refusing to obey that subpoena
MIR. WALKER-TLat was not carried out. II did not
become necessary 70 carry II out What the Court
would have done II the necessity had existed Is perfectly
manifest from the opinion Of Chief Justice Marshall
Bd,, although Mr. Jefferson very great and very
country and posterity, yet bieve he used 20 boast
that he was no lawyer and he had no very favorable
s the ss snS Of he
man who presided there-Chief Justice Marshall
during the period when Mr. Jefferson was President OF
the United States His writings full Of letters which
would be well for his reputation had they been expunged
from bis biography. Upon judicial question ike this
the opinion Of Thomas Jefferson with tnose Of Chief
Justice Marshall and Justice Story and the Supreme
Court Of tho United States aud Of Madison as shown IN
the recent publication Of tho fourth volume Of his
writings, carrying out the idea set forth by Hamilton
and Madison and Jay in tho Federaa at the very time
fore the people, setting out plainly before them that the
constitution had created great trbunalthe supreme
Coartfor peaceful declson Of al questions Of oonssi
Of Mr. Madison that whore two laws conflict with each
other the tribunal which s 20 expound and interpret
the law 70 decide which shall prevai that when you
take up act Of Congress page and take The
constitution the other, n the act Of Congress is In
conflict with the prohibitions Of the consultation, that
instrument declares il 70 be utterly null and VOID
Such the opionion OF Jay Of Madison and OF Ham,
ton such was the sense in which the people Of all the
States understood the constitution when 1t Was framed,
as shown by the dcbate such was the opinion Of the
first Congress, composed Of many Of tho men who
had framed the constitution who, in the twenty-hith
section Of the Judiciary ac gave fna jur sdicon
this court in all involving the construction Of the
CONSTITUTION laws or treaties or the United STATES even
appeal from the highest judicial State tribunals
there il anything that is definitely settled for three
fourths Of century, by repeated and manifest decisions
Of this court. the opinions Of the framors o. the
constitution and the great statesmen of the day, s
that this s the tribunal and the only tribunal created
by the constitution whose decision Is final and cepclu-
sive upon the Interpretation Of the constitution If it
were not So well burn up the sonstitulion. II it
is 70 depend upon how Thomas Jefferson Presdes one
day construed it, or how Andrew johnson, Prpsident
shalt consrue II the nox what conflicting interpreta
tion shall be given by the various States Of the Union
M M nclif fIa nraffn h1c So nf thA
essence Of the doct<nc Of nulliacssen and
secession. said that 1t was with great regret
gentleman who is highly respected, but think this
court will the in which hs has INDUCED
similar menace from the Legsature and the High Court
OF Errors and Appeals Of Virginia, unaninaousy set
forth In their opnon when that case brought up
for the final adjudication Of this court The High Court
OF Errors aud Appeals or Virginia declared tnat they
would obey the aAai mandate Of the supreme Court
iha. is msds hsrs. Permit me ne to- 70 read s' sho
that given to that menace bg this court
through Chief Justce Marshall its organ An delivering
is onion 10 the cas-, Of Cohen vs. Virginia Io Whes
toul: "ihe Judiciary cannot as the legislative may,
did measure because IL approaches the confines Of
~. institution We cannot pass IL by secause IL is
.,.i.l With whatever doubts whatever difhcul-
W, may be attended must decide II II II be
/, decline the e.ercse Of jurisdiction which
is given tnan TO usurp that which is mot
.oas utian" That the answer given hy the Court
In day TO tho Of the Legislature or great
Sla.c OF titslua, Then apOWeriu, ana TO the unan.
resolve OF tae High Court OF Errors and Appeals
o. tnat great State, then composed OF tho most
distinguished jurlsis and statesmen who adorned
take Jurisdiction, whatever tho consequence
might be, whoever might menance dssbedieuce
the fundamental law would DO trospass 10 the nonsitu.
ton SO say here. with = full sense Of all the re-
BE- for the expression Of such an opinion sss ihat II
this court shall issue ITS mandate declaring act Of
Congress 70 Be unoonsautions, and rcstrslning the
Drna sAont nfW Was <f The ~~NQ~
0f that act Whoever sa resist that manaao of
next in relation 70 the cases Of Kendall va
Stockton az Peters, 644 Ellis va Earl Grey 6 SrloHs
sacrd ls Howard, 4zi the STATE Of olo ex. rel White
Va Chase, Governor 70 Ohio Reports, 520 Osborne
The Bank Of u States 70 Wheaton 7Os); as ehowing
that no officer s above tho law but that all
amenable and responsible to IT, and concluded rs
ows:-My learned brother has drawn picture Of the
caayncs which would follow II the President OF the
United States should dsobey the mandate OF this court
Let US look at tho calamities that might follow
power which think is granted by the Constitution and
permits these military laws to 90 into eoc what thcnf
According TO the Presidents own opinion the constitu-
tion Of the United States Is subverted and over.
thrown. According TO his opinion q military
dosposm IS erected rpon the ruins Of the consuton
ten States 10 be expelled from the Union ten mil
lions OF people are be deprived OF all The beuefks OF
the constitution deprived Of the right OF trial by jury
cut up into Eve military districts nsead OF ten States
10 be tried out Of their States for Offences unknown and
undcncd, merely at the will Of military oiDcer; d.
prved OF the right Of trial by Jury and time OF pro.
found peace, when Congress Itself admits that there ID
no rebellion Dy its latest acts speaking of lately
in rebellion; deprived Of the right and privilege OF
American citizena So far constitutional liberty
is concerned they might we'll be living under Car
or Sultan upon tho banks CT the Bosphorus or the
Niva as in this free country. Life. liberty and property
may be taken from them without due process OF law
Georgia expressly stipulated that the ordinance or 1857
shouid be extended over the territory Of Mississippi
II they TO so back 10 territorial State let them then
have the right Of trial by jury. and habeas corpus and
all the other privileges secured by that compact This
Court again aud again upheld tho validity or the ordi-
nance of 1881 That ordinance 10 made part the con-
stitution OF Mississippi and Is rclcd and accepted as
part OF IL in the very act OF Congress admitting
Mississippi as State into the Cnlon If they have gone
back 10 territorial privileges only they still en-
titled 10 tho privileges o. Ireemen ia the territory but
thcy are, by direct compact which has the force OF
fundamental Law, entitled TO all the privileges and bene-
fits Of the ordinance OF lTs, Of which they are de-
prved by this Military Reconstruction bill I
want 10 know the subvesion u the constitution of the
United STATES which the President admits is accom-.
pl shed by this act, u the erection Of military desposm
the ruins OF federal constitution are not greater
evils and greater calamiliee than any Of those which