The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-01-18

POWERS OF THE SUPREME COURT.
In the House of Representatives at Wash
ington on Monday last
MIR. Wilson, oil Iowa, under suspension OF
the rules (yeas lis, nays 81, reported, from
the Committee on the J-idciary, the Senate
bill making five Judges quorum OF the Su-
preme Court, with an amendment declaring
that no act Of Congress shall lie declared un-
constitutional except by concurrence OF two
thirds OF the members OF the court.
Mr.. WILLIAMS, OF Pennsylvania, offered an
amendment providing that in all cases where
the validity Of an act of Congress Is brought
into question the case shall be heard before
full bench of the Supreme Court, and no ]udg.
ment of the unconstitutionallty OF the acG OF
Congress shall be made except by concur
renee Of all the Judges. MIR. Williams sald ne
was not prepared to speak upon his amend
ment to-day, but he submitted it FOR tue ac-
tion of the House, and would ask permission
to print such remarks as he proposed TO make
mon the subject. He had hoped that the sub
iect would have been postponed. 1t could have
worked no wrong, for the court in the mean
time could not have made more than one or
two decisions.
Mr.. LAWRENCE, Of Ohio, said the amendment
did not seem to be as strong as bill that had
some time ago passed.
Mr.. WILLIAMS said that was the very reason
why the whole subject should be very carefully
considered. But such law should be passed
or the Supreme Court might overturn some Oh
the laws which had been passed by Congress-,
and which were believed 10 be clearly advan-
tapeous TO the best interests Of the country.
Mr.. PRuYN, Of New York, depre Gated hasty
action upon 30 momentous subject as thus.
It seemed to HIM sometimes that he was IN the
midst Of a revolutionary body, because not
satisfied Of relieving the President OF power. 1t
was now proposed to encroech upon the
powers Of the Supreme Court. The law seemed
To be framed to anticipate some expected de-
cisiou. and therefore well might MIR. Williams
hesitate before he made the avowal to the
country by saying that some Legislation might
be enacted il postponement TOOK place, ano
vet to declare that they could not pass on but
one act. He was not prepared to discuss shls
very important measure, and he hoped IL
would yet be ,os tponed...
MIR. MARSH ,Ll, of Illinois, also deprecated
the hasty legislation that had too often pre-
vailed here. It was this system OF hasty ac1on
that placed the House in bad position oelOre
the country. In the Senate no such rules pre-,
vailed, and important measures were discussed
at length; but in this House it was different,
and the country, therefore, never had an op-
portunity to get proper information from the
speeches Of the members OF the House. ne
was not fully prepared to discuss this very Inn,
portant question, but he must say that OF all
the revolutionary measures intended to subvert
and destroy the institutions of this country,
this one was one Of the very gravest; for it was
direct blow at coordinate branch OF the
government. It had been the great pride OF
our people and Of our government that 1t In
cluded no arbitrary power, but that eacn CO.
ordinate branch acted within its own sphere
within the constitution, and there was no de.
priyation under this system Of the rights Of
the people, but all were fully protected. This
action which is now proposed to the House Is
despotic in it's character, and is contrary to the
spirit and theory Of our government II tine
Senate and House Of Representatives can over,
ride the judgments of the Supreme Court ana
of coordinate branch Of the government,
then this country has become despotlc pow
er, not of one man, but an oligarchy and des-
potism Of the very worst description. Inc
people of this country will and must repudlate
all such legislation as this, unless they are VII.
ling to see the institutions and constitution OF
their fathers trampled under foot. The con-
stitution prescrlbes three coordinate powers
in this governrnent-the Legislative, executive
and judicial-and it is the province OF the lat
ter to decide all questions brought to their no
tice, under the constitution and In constltu-
ttonM manner.
A proposition more enormous than TINT con-
tanned in the pending bill was never submitted
to deliberative body for its action; and the
fact that the proposition is made ls plea OF
guilty on the part Of the majority OF the House.
It is confession and an acknowledged that
gentlemen who voted tor the Reconstruction
acts and others did 80 knowing them to be un-
constitutional, and that they fear reversal OF
their action OH account OF its unconstltutlon-
atty, The federal courts are provided for by
the federal constitution, and their powers are
defined. Wheo conflict arises In relation to
the construction OF law, the constitution ls
taken as the supreme law OF the land, s.nd the
Supreme Court must interpret that consttu-
ton.
But the real intention of this act is to take
the power from the Supreme Court to lnvestl-
gate under the constitution, and to declare,
yirtuslly, that that high tribunal must decide
in favor Of the acts of Congress. The bill is Q
palpable usurpation Of the powers delegated
to the Supreme Court by the Constitution OF
the United States, and he would say 70 gentle
men here that it was not safe Tor any party TO
trample upon the rights OF that great tribunal
tribunal that has established so great repu-
tation. There is among the people Of this
land reverence for the Supreme Court which
viii not permit tho court to be trampled down
or the constitution TO be trampled out OF exls-
tence. This bill is virtually trampllng that
court out Of existence. Its effect ls to crush
it out of existence. It says, in effect, that con.
gressional enactments are the supreme Law OF
the land; and this is the veriest assertion OF
absolutisn, and he appealed to gentlemen not
unhallowed feet. II you pass this law, then
there is no guard thrown over the legislation
Of Congress, and the privileges Of the people
are worthless if q Congress can be got together
30 besotted and prejudiced and blinded by par
tisan malice and folly as to pass an enactment
similar to this.
MT. BNaHAM, of Ohio, asked MIR. Marshall
whether the bill Of Mr.. Wilson did any more
or less than the act Of 1889, which, under the
administration Of Washington, prescribed
what number should constitute quorum OF
the Supreme Court. The Supreme Court VAS
then composed Of five members, and the act
referred 10 prescribed that four judges should
constitute quorum. This bill was simply
relteration OF that doctrine 1t affected no
right ,of the Supreme Court, but that very
statute properly construed required concur
renee OF two-thirds of the members.
MIR. MARSHALL replied that he had greet re-
spect for the gentleman (A1r. Bingham), but
this was one Of the most palpable and mani
fest lodges to prop up q bad cause that he had
ever witnessed. If he had not go much re-
spect for his friend, he would say it was one Of
the most shameful lodges that could be re-
sorted to. The act quoted had no bearing
whatever upon the proposed legislation Of
Congress. There was no analogy between the
two cases, aud he was surprised that an
attempt should be made to palm it off as an
analogous case. The masses OF the people
would hardly endorse that view of the act, nor
would they endorse such legislation as is now
proposed.
No matter what members Of this House may
think, the people differ much as to the amount
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