Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1868-01-24
conrres. and the supreme Court.

The Senate recently passed bill deter
mining how many of the judges Of the Su-
preme court should be present to make
quorum. This bill the House amended
by adding that not less than two thirds Of
the members Of the court should be compe-
tent to declare a law of Congress Unconstitu-
tional. and passed it by vote Of ll6 ayes to
80 noes-the noes being all from democrats.
Forthwith there arises a howl from all those
who wish for return TO power Of the old
slavery sustaining party-and from those
who if they do not admit to others or to
themselves a positive sympathy with the aid
ers and abettors Of the rebellion, persistently
find fault in some form with almost every
measure which the majority Of Congress
adopts to restore the rebel States to a condi-
ton of peace and order on a basis which
shall ensure the loyal portion of their peo-
pie protection from outrage and oppression
from their enemies.
The cry is, that the 81 radicals are invad-
ing the sanctity of the iudiciary-taking
away the constitutional privileges Of the SUI
preme containing to break down the SUI
preme Court for fear the court viii break
down Congress, &c.
Now it is worth while to remind those
who might otherwise be disturbed by this
outcry-that there is not a word in the Con
stitution of the United States which implies
that the Judges Of the Supreme Court are
to have at all times, or at any time, exclu-
sivc of the laws of the Land. the power to
determine for themselves how many of them
must concur to make a decision valid. Con-
trariwise the constitution says in express terms
that the jurisdiction of that court shall be
- ,riih Such exceptions and under Suca rCglt'a-
nons as Congress shall mafe." Congress
has heretofore passed laws for the regulation
of the Supreme Court, and has right to do
it, and ought to do it whenever the welfne
of the body polite makes it necessary.
But say the howlers, Congress makes this
two thirds regulation to meet a particular
case and because it fears that bare MAORI
tv of the court will decide their acts uncon-
stitutional No doubt that Is SO; and a
very good reason it is for their so doing. The
sudden enactment of law because without
it some great wrong is liable to happen and
that Immediately, is frequent occurrence in
all legislative bodies 1t may be of
no great consequence to the public
safety whether a majority or any great
er number Of the court decide that a patent
case shall result in favor of the plaintiff or
the defendant whether a collector has fol-
lowed the law or not in making an importer
pay duties on a certain lot Of goods; and so
of other minor and personal matters but it
is of immense consequence, when, after such
n bloody and costly rebellion as the nation
has had to combat, Congress is obliged, from
the necessities of the case in order to ensure
life and liberty to many millions Of people,
to enact laws of a political character 1--WE
do not mean of party character) that it
shall not be in the power of a bare majority
of the Supreme Court-a court made up of
men who are as liable to be affected by old
political party opinions as the members of
Congress are-to throw the entire country
into confusion by multiplying, 50 far as a court
decision can do it, all the congressional Ia
Dor of years. Congress is the sole legisla-
tive body of the nation. 1t is made up of the |
representatives of the people, and all the
questions which are under consideration for
the reconstruction of the rebel States, it is
the proper, and far more fitting body to de-
eide, than any five men of the Supreme
Court would be. Congress has perfect
right then to enact that it shall require two
thirds, or any other number of the Supreme
Court, to agree, before theyshall have power to
declare an act of Congress unconstitutional.