Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-02-12
Written for the Spirit of JcfTerson.J
The Supreme Court.

EnSnshmen.s 5tAno the same man who lnva>
riabIy insist, that, owing to the Thames va
ter, which by the way, is the flthicst water
iu Christendom, Barclay and Perkins porter,
is the ne pt'.s ultra of beverages, will also
say, that the House of Commons can make
no mistakes. In both instances, John Bull
is pretty near fright. London porter is unde-
niably admirable; and an act of the London
parliament, whether it be the result Of wis
dom, prudence and patriotism, or passion,
prejudice or caprice, is an exercise of the
highest authority which the kingdom ac-
knofledg ges,a poh earth, catfnet be questioned
in court Of justice, and therefore, being its
own criterion of what is right, cannot Of
course be wrong.
The English principle of parliamentary
omnipotence is not recognized, and is not law.
in the United States The constitution, the
product of the wisdom, foresight and patri-
otism of the Fathers of the Republic; the
constitution, the act of the people speaking
in their original character, is the supreme
law of the land. With it, in the first place,
every law must conform. 1t is not only the
right but the duty of courts of justice to see
that every law is in conformity with the con-
stitution. And the law pronounced by them
not to be So whether it is passed by State
Legislature, OF the Congress of the United
clude," SAYS Chancellor Kent, ''that the courts
Of justice must obey the acquisitions Of an
act of the Legislature, when it appears by
them to have been passed in violation of the
constitution, would be to contend that the law
was superior to the constitution, and that the
judges had no right TO look into it, and re-
gard it as paramount law. 1t would be rem
derlng the power of the agent greater than
that of the principal" Ia fact the powers
of the legislature are limited by constitu~
ton. "But, to use the words of the Chief
Justice of the Supreme Court in the case of
NnrGurg and 1Hutiison, 'but to what purpose
is that limitation, if those limits may at anv
time be passed" Aud again, "If the con-
stitutiOn does not control any legislative act
repugnant to it, then the Legislature may alter
the constitution by. an ordinary act" And
again, ''lt is the province and duty of the
Judicial department to say what the law is"
This doctrine of judicial, constitutional
supremacy is not only sound being in accord
ance with the letter and spirit of the Consti-
tuition itself, and of the niaturest and wisest
interpretations of it, but it is a doctrine me-
cessary to the integrity of our institutions and
the liberty of the people, and ought to pre-
vail, cy en- if it did not However varied and
great the powers of Congress may be, enter
ing into and influencing not only the affairs
Of the nation at large, but the nlinutest de-
tails of individual life, they still cmanatc
from, and are dependent onto great ex-
tent-popuIar passion and prejudice. 1t is
we'll thereiore,-as God knows, the unhappy
times in which we live prove,-that the con
stit"tionality of its acts, should pass through
cruciblc no loss severe, than that of the
Supreme Court. And before they become
binding on either the consciences or conduct
of citizens, be pronounced constitutional by
body, venerable from years, wise from Learn
ing and experience, and placed by virtue of
its position, beyond the reach Of executive
congressional or popular influence.
AS we just now intimatcd, the circumstan-
ces of the times give peculiar importance and
interest to the question of constitutional SUI
premacy, and the jurisdiction of the Supreme
Court. We do not mean to discuss, it is not
necessary foc the purposes Of these remarks
to discuss, in legal or constitutional light
the attorneys test oath, or the right of attor-
neys, in common with men Of other callngs,
to be permitted to practice and earn their
bread-now that the war is over. What we
desire to call particular attention to, howev.
err Is the fact, that the Supreme Court hav-
ing decided that those oaths are unconstitu-
tIonal, and therefore absolutely null and void,
and that the attorneys who, otherwise quail
ned, were unable to take it, might practice,
the dominant ma jority in Congress have nro-
posed resolution (Which has since become
taw , peremptorily prohibiting such persons
from practIclng, thus passing the domain
which limits their Jurisdiction, attempting to
regulate the qualifications of officers in a de-
partmcnt of government over which they have
no control, overriding the solemn decision of
the Supreme Court, trampling on the Con-
stltut'on, and asserting in its length and
breadth and depth, a doctrine never before
tolerated in the United States, namely, that
OF parliamentary Omni potency.
We remember having heard of the doc
trlne, that for the purpose of preserving the
Constitution, the Constitution might be vio-
lated. And of a "war necessity" which gave
the same right. These doctrines were Con-
stitutional flowers which boomed in the gar
den of the White House, during the Tar-
We thought at the time, we confess, that they
were not flowers but weeds Yet the war
was pending, and both governments, it may
now be admitted, were ottcntimcs driven to
exceptional cxPcdients to effect their pur-
poses. But it cannot be said, that there is
any such necessity" now. The war is over.
Peace has been proclaimed. Those lately in
arms against the government have been in
vited to return to their allegiance and tho
pursuance OF their various peaceful avoca-
tIons' and with an aiacrity as crcditable to
them as it ought to be gratifying to the we'll
wlshers OF the Union, they have accepted the
invitation: There being no longer occasion
tor 1t, military, to great extent, is at an end.
and civil law once more exerts her peace,
tul sway over the land. Whence, therefore,
the necessity of the congressional resolution
claw we can hardly bring ourselves to call it)
to which we have referred, and If the kindred
measures me- PASSED each day by Congress!
w hence Why simply to crafty the unap
Peased hatred OF Northern fanatics to the
South, aud the friends of the South.
1t is beneath the dignity of the press to
notice save with cnntemnt 4or IL -. - i