Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-04-13

States and the general Government
Very likely the same ideas have been ex.
pressed by others much earlier in point
Of issue, aud much better in point OF
form, but possibly the present statement
may net be without utility.
PROPOSITIONS.
|. The supreme power of definition
and Interpretation is vested in the Su-
preme Court of the United States.
2. This power is beyond the reach OF
the legislative and executive departments
Of the Government
3. Those departments cannot have au-
thority to make any conclusive declara-
tion Of the existence, or any conclusive
definition of the nature or extent Of even
their own powers nor any conclusive
Interpretation of any article, section,
sentence or word of the Constitution.
The judiciary alone have that power
Subject thereto, legislative and execu-
tive declarations, definitions and inter-
pretations may be made by those depart
ments. E
a. Asa court of chancery, the Supreme
Court has inherent authority, without
any legislative action whatsoever, TO es-
tabhsh rules aud cause proceedings for
the preservation Of its own existence and
dignity, and, within its original jurisdic-
ton, to deUise and enforce remedies in
cases where rights exist and are invaded,
and the law has not provided adequate
remedies. The court cannot create a
right, but it will not permit a right to be
invaded for want of remedy.
5. The legislative and executive de-
partments of the Government have as
little authority to impose conditions on
and restrictions of the inherent powers
of the court, as they have to invade the
powers themselves.
6. OF foreign affairs, the Judiciary are
informed by the foreign department Of
the Government but, of the internal af-
fairs of the country, they will take cog
nizance without proof,
T. The several States may maintain
original bills in chancery 10 the Supreme
Court of the United States, for declar-
alton ofany constitutional right which is
invaded or threatened under color of
denial of its existence or extent, and for
such further or other relief as the nature
of the case may require. A decree de-
claring and defining such right would
be binding ON all departments and Off
GERS of the GoverRment, including the
officers of the army and navy.
Either the powers of the Supreme
Court of the United States have this ex-
tent, or, practically, the President and
the Congress are the masters of the
Court; and the Court exercises its sup
posed powers subject to such limitations,
restrictions, and conditions as the Exec
utive or the Legislature, may see fit to
impose -r-
The Court will continue to admit the
supremacy of the Congress to legislate,
and of the President to execute; but it
must vindicate its judicial supremacy or
see its powers usurped. The absurdity
of leaving great constitutional questions
to be determined in the course of pri-
vate litigation is beyond description. The
gigantic war through which the country
has Just passed, must mark new era in
its judicial as well as its political history.
The Supreme Court of the United States
will come to be regarded throughout the
civilized world as the mosk august and
powerful judicial body ever organized,
or as merely very high court of appeals
for the final settlement of private con-
troversies.' 1t must be more than the
house of lords, or less 1t may be COM
PEELED to undergo the ordeal of the burn
ing, fiery furnace; but, if so, may the
Eternal God of Justice grant it delv
erance without the smell of fire upon its
garments. c. C. B.
Chicago April 4. 1867.