The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1867-01-11
c.urre.. Con.rruinx the Constitution

Fiat Ersneh-JacOb Berger.
Ss..at BraEel-J. Il. sheppard.
Cougres. Con.truing the Constitution
Il j, now tolerably well settled that
C.yrr,>. considers itself the Govern
m,r, of the United States. 1t is true
that contrary impression has long had
= vague sort of existence in the minds
of some old fashioned people, but such
view l. vigorously ignored by orr Rep
rrsclta.lycs. is an idea totally incOn-
si>.cu; with the progressive spirit of
tie age. Ii is equally true that accord
il. TO the Constitution two 9TH
,r branches share with Congress
the power of the Government, but, As
the Pittsburg Commercial gravely re-
marks, "the people of the United States
have, in some matters, got ahead Of
;l-ir old Constitution" At least that
portion of the people Of the United
S,atesr who do the law-making for the
nation have got ahead" of the old in
strumcut. considerably, and one of the
leading ideas peculiar to their advanced
position Is that the Legislative Depart
ucat j. the life and soul Of the Govern
u,f.t. while the Executive and Judicial
Irar,lcs are entirely without force or
power in themselves, and are to be con-
sGered as merely ornamental and use
le,, appendages of our system.
!, was IT one time believed by some
crcdulous persons that Congress would
not monopohze entirely the authority
Of the Government, but that the Judici-
ary would be permitted 10 exercise some
Of those functions, which according 10
a sillv tradition were declared to have
belonged toit. This belief is now ex-
}lodcd. / joint resolution, offered by
NJ. kAs-sS, of Iowa, and passed IN the
House Of Representatives on Tuesday,
completely dispels the idea that Con-
srcss Will permit the Courts to have
suy voice in the construction of the
Constitution or the Interpretation OF
the laws. This is a duty which our
gray. la-v-givcrs reserve unto them
selves. The resolution in question de-
clares that the true intent and meaning
Of the thirteenth amendment to the
Constitution of the United States was
ito prohibit slavery or involuntary
scryitude forever, in all forms, except
in the direct execution Of sentence
imposing definite penalty according
TO law, which penalty cannot, without
a violation of the Constitution, impose
anv other .Scrvitude than that of
Imprisonment, or other restraint OF free
dom. under immediate control of officers
Ofthe law, and according to the usual
course thereof, to the exclusion of all
unofficial control of the person so held
in servitnde, and that all orders, judg-
ments. or dCcrecs, authorizing or direct
ing the sale into servitude of any per-
son within the United States shall be
held to be in violation of the thirteenth
constitutional. amendment, and there.
fore void - a '-+7@'
If Congress have power TO pas:
resolutions explaining and constituting
the Constitution of the United States
we do not see the necessity of Judi
ciary. There will be none; and in making
useless the Courts Of Justice, Congress
is merely completing that process of
consolidation which il began when il
first eDcroached upon the Constitutional
powers of the Executive. Heretofore
it has been thought that the Constitu.
ton intended the Supreme Court 10 be
"the interpreter of the meaning and
the final judge of all questions arising
under that instrument" 1t declares
in section second of article third, that
"the judicial power shall extend to al
cases in law and equity arising
under this Constitution, the laws
Of The United States and treaties
made, or which shall be made,
under their authority. ''-' TO contro-
versies to which the United States shall
be party" As we'll as to some other
cases referred to in the above section,
but not pertinent in this connection.
But this idea that to the Supreme Court
alone, belongs the duty of explaining
aud applying the principles of the Con-
stitution, is now completely set aside.
Congress calmly appropriates the prerog-
atives of the Judiciary, and the Con-
stitntion upon whose permanence the
very continuance of the Government
depends viii be found to have new
intent and meaning, and 70 receive a
different construction as often as q new