Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1868-01-23

had disgraced humanity when it dar-
ed to mouth from its high seat of JUS
tice the horrible blasphemy that there
were human beings, either in this land
or in any land, whose rights white
men were not bound to respect.
Mr.. Marshall reminded the gentle
man that the Supreme Court had new
er said such a thing.
Mr.. Pruyn, of New York, also de-
sired to make a remark in that con-
nectiOn.
Mr. Bingham, not yielding the floor,
said he understood very well the point
which gentleman would makey He
DID not say that the Court held that
doctrine. lie had only said that it
mouthed that horrid blasphemy. He
knew that il was no decision
Mr. Robinson, rising TO question of
order, made the point that it was not
in order for the gentleman from Ohio
TO make such a charge against CO
ordinate branch Of the government
The Speaker overruled the point Of
order holding that he could not declare
out Of order an attack on another de-
partment of the government when
made in parliamentary language.
Mr. Robinson, of New York, made
the further point Of order, that gen
tleman standing around Mr. Bingham
should be made to take their seats.
The Speaker sustained that point
of order and requested the gentlemen
to resume their seats.
Mr. Bingham went on to say that
from that decision of the Supreme
Court Of the United States an appeal
had been taken to the public opinion
of the country.
1t would not do for any men vino
ever read the Constitution Of this
country, TO rise in his place here and
say that the Congress of the United
States could not reduce that tribunal
TO a single person, or TO three persons
II the number Of judges was fixed at
three, of whom two would be ma
iority, would /. not require these two
10 concur in any decision What OBJ
lection was there to this lawg The
gentleman from Illinois would have TO
find some other objection than his dd-
cdptddum statement that it was a vio-
lation of the Constitution, when he
had called that gentleman's attention
to the fact that in the First Congress
the Judiciary law of SO was passed. un-
der which no judgement could be pro-
nounced upon any question whatever
without the occurrence of two.thirds.
Mr. Marshall, Of Illinois, inquired
whether the Court had not been so or.
ganized that it required the same mum.
ber of Judges to declare a law valid.
Mr. Bingham admitted that it did
Mr. Marshall held therefore that
there was no analogy between the two
cases
Mr. Wilson, OF Iowa, moved the
previous question, stating that he
would not do so except for the order
Of the House making a special order
for to morrow Of the bill reported from
the Reconstruction Committee.
The previous question was seconded
and the main question ordered.
Mr. Wilson, of Iowa, being entitled
TO an hour TO close the debate, yielded
twenty minutes of hls time 10
Mr. Woodward, of Pennsylvania,
who declared himself opposed to both
the bills Of the Reconstruction Com
mittee and that ofthe Judiciary Com
mittee, because he believed them to be
unconstitutional. Congress had no
more right to dieato to the Supreme
Court howit should decide questions,
than the Supreme Court had to dictate
TO Congress. The Supreme Court was
coordinate branch of the govern
ment, and its decisions were TO be
made under the the principles Of the
common law by simple majority.
Mr.. Boutwell,, Of Massachusetts,, in
quired whether il was not within the
power Of Congress to change the COM
mon law by a statute law
Mr.. Woodward admitted that it was
if the matter were one with which the
Legislative power had any thing to DO.
Another objection to the bill was that
it would be found impractible in oper-
alton
Mr.. Hubbard, of Connecticut, hav.
ing had five minutes time allowed him
by Mr.. Wilson, opposed the bill, de-
claring that IL was usurpation on
the part Of Congress, Unless the three
coordinate branches Of I'll he govern.
ment could be held together the Con
stitution of the country would no
longer exist. The Supreme Court
was not the creature of Congress, but
was created by tho same power that
had created Congress. Both came
from one parent, and when one child
sought to slay the other it was guilty
Of the same crime of which Cain was
guilty in the older world He denied
that Congress had any more right to
pass this law than it bad TO declare
that the verdict Of a jury should not
be unanimous.
1t was perfectly well known that
this law was intended TO reach a par
ticular case, and the House was called
upon TO vote on it in hot, indecent,
indeoorous haste. 1t was urged be.
cause there was a rumor that a large
majority Of the Judges of the Supreme
Court were adverse 20 a particular
measure on which Congress seemed
determined 10 hang its political life, il
was, therefore, proposed to muzzle
the Supreme Court.
Mr.. Wilson, OF Iowa, closed the de-
bate, He believed that the first section
of the bill had not been challenged by
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