The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-01-23

The Bill 10 Regulate tho Practice and De-
fine the Powers of the Supreme Court.
Since the day when Chief Justice fancy, in
pronouncing the decision OF the Supreme
Court of the United States in the bred Scott
case, declared that negro under the federal
constitution "has no rights which white man
is bound to respect" that court has been
and remorseless instrument Of the Southern
pro-slavery oligarchy. In the recent decisions
of this court we see that this old leaven OF
slavery still leavens the whole lump by a
majority of one, and that without reconstruc-
ton Of the tribunal or timely law of Con-
gress defining its powers and limitations. we
must prepare for some other and holder deci-
sions, involving a justification of secession and
rebellion as constitutional rights and the con-
demnation Of the war for the Union as an inva-
sion of State sovereignty and a blunder and
failure.
In this exigency Mr.. Williams, ofPennsylvania,
on Monday last came to the rescue in the House
of Representatives with bill which, we think,
neatly covers the necessities of the situation.
1t is ga bill to regulate the practice and define
the powers of the Supreme Court" 1t pro-
vides that 'all cases Of writs Of error from and
appeals to the Supreme Court Of the United
States wherein is drawn in question the valid
ity of any statute or other authority Of tho
United States, or the construction of any clause
Of the constitution, or the validity OF a statute
Of or an authority exercised under any State on
the ground of repugnancy to the constitution
or laws Of the United States, the hearing shall
only be had before full bench of the judges
Of such court, and no judgment shall be rem
dered or decision given against the validity Of
any statute or any authority exercised by the
United States unless with the concurrence OF
all the judges of such court"
On the motion for the suspension of the
rules for the introduction Of this bill the vote
Of the House stood 107 to 80, strict party
vote, excepting Mr. Raymond, haifand-half,
who voted this time with the democrats, in
the minority. The bill was then referred to
the Judiciary Committee, and we presume
that it will soon be reported back sub
IL
a law. The authority of Congress in
this direction is ample and clear. The consti-
tuition says that "the judicial power of the
United States shall be vested in one Supreme
Court and in such inferior courts as the Con-
gress may from time to time ordain and estab-
all 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" &C., and that Gin ell cases
affecting ambassadors, other public ministers
and consuls, and those in which State shall
be party, the Supreme Court shall have origi-
nal jurisdiction. In all other cases before
mentioned the Supreme Court shall have ap
pellate jurisdiction, both as to law and fact,
with such exceptions and under such regula-
tions as the Congress shall make"
The remedy contemplated-the conversion
of the court to the Issues Of the war and the
ultimatum Of the loyal States-can be reached
in providing as proposed, that mo Judgment
shall be rendered or decision given against The
validity of any statute or any authority exer-
cised by the United States, unless with the
concurrence of all the judges Of the court"
This bill, then, if passed into law, will prac-
tically relieve the Supreme Court Of any fur
ther interference with Congress in this bust
ness OF Southern reconstruction, and it may
thus operate in q remarkable change Of South
ern sentiment; for 1t appears that the main
reliance of the intractable ruling classes Of the
South now is in this Supreme Court, as it is
now divided, five judges in their favor against
four, and as its decisions upon all questions
are now made, by bare majority.
II begins TO be apparent, therefore, that, ac-
cording to the constitution, The issues decided
by the war will be established under the will
of the people and the authority Of Congress
over the rebellious States. and that all impede
ments blocking the way win be removed, in
GLIDING the present majority rule of The Sa-
preme Court and hostile Executive. Nor are
these things the mere expedients of a party
for party purposes. They are the demands Of
n great revolution which cannot be resisted,
but which must run its course. Starting with
this revolution from Fort Sumter We expect
to follow it to its legitimate aud crowning re-
suits.