The New York herald., 1867-04-06
WASHINGTON.


twothrds Of Congress sustained by or
S,ats by tho emphatic declaration, in that article
that State, without It's consent shall be deprived OF
its equal suffrage In the Senate.n Our constuiionsl
history shows that, in the absence Of this emphe.,c
clause securing for the right OF equal consant
representation OF each state IN the Senate tho
tuition never would have been adopted Yet tAv power
from he power to amend che constitution oan by the
new doctrine, be exercised by bare majority OF Con-
gress at ITS pleasure. II Congress may declare war
against and thus indefinitely exclude II from the
Unon is OF course the sole judge 81 the necessity OF
tbe ear, and may thus dsfranchise or terrific
Taiize State or dictate the terMs of readmission.
so IL Congress uader tAe authority TO suppress an
,nsurTectou IN State, may as Y punishment OF the
State for the yoil IL sos exclude 1t
ron the Union the object forbidden by the con-
stetion accomplished. A new and most alarming
doctne has lseiy announced that Congress
supreme power that the President and Judiciary are
subordinate to Congress- and that they the sole
ridges IN Che last re- ort of TIE copstutiop Aocornc
doctrine thss constitution should have been CON-
posed OF one sbsr senteree-be IL ordained that all
acts Of Congress are tho supreme law OF the land,
from which thefa no appeal whatever II Is truc that
the constitutoa in its st article declares that all
Legislative power hercn granted shall be vested in
Consres sc congress Then possesses only the legie
tave power not tho executive judicial power, and
only the legislative power therein granted" II s true
that the te IN article OF the consultation confines Con
gress 70 the excrcrsa of the delegated powers. It
Is true that the same instrument declares in
laws Of he which shs be- m.ae n nrsn se
ance thereof - shaa be the supreme law OF the land y
The constitution supreme 80 ssso are tho laws made
stiteon hea yield to the supreme law and such
has been The coe.ine unforsy and unanimously held
by this Court But who is 20 decide whether acts Of
Congress are reylg nant to the constitution
The decision rests, not in Congress- for q possesses
then tribuna for psaccu settlement Of disputed
questions or constitutional law? Can there be
iGrn nn s, Of Inc sonssnat,on tk.oaghoat zee
umpre2 -she third article of constitution,
Organizing Sg the judicial IS a department. distinct
Presdest expressly dcclc7cs that .he judicial power
Of the unated States shall be vested in supreme
EnlsrfD - kR sholt Nas1e AN la..
laws Of the United s,atcs," sc; 40 Controversies
then declares sa. es n all cases. lin Which State
shall party the Supreme Court shall have original
phc than Ihs9 IL Is comprehensive, .all cases" Il
- Imperative, 'shal extend = and such has been
department of the government be overhrown and
Congress to be naugurated the supreme uncontrolled
sn IsG each m State holds 81 s s
and property by the feeble tenure of the egs.
laive will You hold the bonds Of the government
of them by taxation otherwise, and there ap-
peal or redress You hold real estate and deem your
self secure VAIN deiuson Congress-, by an omnipo-
tent power, mag tako it from you. You have the
right to vote; Congress may deprive you OF it.
LIE, liberty and property can only be taken from You
by due process of law Are you dreaming Congress
profound peace 70 military rule and try You for
offences unknown 70 the law What would property be
subject biennial decision OF the ballot box The
Annihilation OF the judiciary, the overthrow of
tbe constitution. What o catastrophe Already the
government Is rocking its base, and II IL should
not be now nrmly upheld always heretofore by
this court we will all soon hook upon the broken
columns and walk amid the moulderne ruins OF the
constitution The destruction Of the constitution! Why,
u is the destruction Of the Union and the government
for s the consultation which made and sustains
the government and the Union. May this great
tribunal raised above all Transient passions and Sec
tional prejudice, now, always heretofore, save
from this dread catasrophe This is emphatcally bill
OF peace 70 prevent multiplicity OF suits and settle
nnaiy and peacefully controversies that otherwise
would be eHdless and fraught with extreme psrl and
Oh alose, asshown by the preceding authorizes, 10
sadBcent ground. for equity juTsdietion.
w. l. SHARKEY,
X. j. WALKER,
Counsel for complainant