North Branch democrat. [volume] (Tunkhannock, Pa.) 1854-1867, 1867-01-30
Power of Che Supreme Court,

Radical party toward the Supreme Court
of the United States, By introducing bill
in the National House of Representatives
to regulate the practice and define the pow
ers of that court in certain cases arising un-
der the Constitution and laws of tie Uni
ted States. This bill provides in all cases
of writs Of error from and appeals to the
!: Supreme Court of the United States, where
in is questioned the validity of any statute
or other authority of the United States, or
the construction of any clause of the Con-
: stituton or any authority exercised nnder
any State on the ground of repugnancy to
the Constitution or laws of the United
States, the hearing shall be had only before
a full bench of the judges of such court !:
and no judgment rendered or decree given
against the validity of any statute, or any
authority exercised bv the United States,
unless with the concurrence OF all the judg-
es of such court.
This bill, if passed into a law, would vir-
tually prevent the action of the Supreme
Court on all the cases stated The intent
of the measure is to declare that ma lori
ty of the court shall not be competent to
pronounce a decision. but that all the judg-
es must agr'e. And this principle is to
apply to cases which from their very nature
are likely to divide the court and none
other. The Supreme Court may, bv ma
jority vote, decide all issues which do net
affect the powers of Congress and the con
structon of the Constitution but when
cases c' this character arc brought before
that tribunal, then ful. bench mGst be
present, and all must agree as to the mean
ing and interrst Of statute, the authority
of the United States, or the proper con-
struction of that part of the Constitution
bearing upon the question under consider
alton. The old principle, that majority
of the court is competent to declare the law
is to be uprooted, although it has the sane
tiun of ages, and the assent and support of
the most eminent lawyers, iurists. and
statesmen of the civilized world, and new
method ofarriving at judicial conclusion
is to be instituted in its place.
And why this change Just as the time
when stability in the civil authority OF the
nation, end in III" construction and interp-
rotation Of the Constitution, is so desirable
Congress is wildly rushing on in the path
wav Of political madness and partisan fury
The people are excited by constant ap-
peals TO their passions and infamed by the
acts ofinterestrd and unscrupulous dema-
=, gogues. A war between the sections has
just ended, and the parties to the strife
have not yet forgotten the scenes enacted
in that contest. All these circumstances
make it necessary that the laws shonld be
, expounhed bv calm, wise, and upright men.
Congress restricted to its legal and constr
tutiona duties; the States upheld in their
. proper rights, and constitutional liberty
guaranteed to all the people. Congress,
under the whip and spur OF ambitious poll
tirians NAV pass laws of sectional and
unjust character, affecting, not alone the
political but the social and business rights
| of the people Of a portion of the Union.-
r They may burden particular class with
taxes unknown to the Constitution. or de.
! prive them of all participation in the affairs
of the nation. In short, they may enslave
a portion of the citizens of United States,
. and whrr' Is redress TO be obtained if not
before that tribunal, which is supposed to
. sit in serene repose ABOVE the storms of
p ,ssion which disturb the ration and be-
cloud the Judgments of men, and to dispense
Justice in such a manner as will secure the
rights of all p?
The tim" for the change, as well as the
particular class Of decision to be affected by
, it, show the meaning and minus of the
whole movement. The Radical party are
determined that the Legislative branch of
= the government shall be paramount in the
A nation. that Congress shall rxpound enfnrce,
interpret, as well AS pass the laws. Hav-
ing a majority in the Northern States, they
deny representation 10 the Southern States,
and propose to reduce them to the cond-
a ton of Territories. This action being di-
{ rectlv in antagoLiSm to the Constitution,
the Legislation to effect it is necessarily un-
constitutional. Some of the acts Of the
E power have already been dashed to pieces
by the Iron logic OF the Su~remL Court
, aAd hence the fear entertained by The Rad
! icals that their whole schtme will br pros
tratrd by the same body, unless its power
. is curtalIed by prompt action on the part
: of congress. There is no time to be lost
, Cases are constantly arising in which the
powers of Congress ..re called in question,
and decision may be reached which wod
place an obstacle in the way of the revolu-
tionists IN Congress that could be removed
only by more fragrant and ndefrnsible leg
islation than that which now di>graces the
>taute books If the nation. This fear
f moved Mr.. w. to action, and explains the
meaning Of the bill IN one aspect. The
Supr .me Court is to be shorn of its power
in certain cases before the country is taught
by that body how the Constitution and the
rights of the people are being tramped un-
der foot by partisan minority in Congress.
The class of cases to which the new prin-
{ cipe is to be applied, also illustrates the
meaning of the movement iuaugurated by
Mr.. Williams. The concurrence of all
the indueS' Is TO be- necessar1 In all sscaSes