The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-01-14

Seemed TO him 10 be most Revolutionary and most dan
gerous ana that the people could nos possibly CONSIDER
Mr. srALDmo, (rsp) Of Ohio, supported the bill
| ported from the Judiciary Committee Some twelve
the bill drafted by tho gentleman from Pennsylvania
| mr. Williams), and which had been offered as an
amendment The had struck him as ono bene-
cial to the whole country; but no had then objected,
nc did. TO the universally OF the measure, TO its
requiring every member OF the Supreme Court 70 concur
q judgment impairiug act OF Congress. he had
suggested then that concurrence OF twothrds only
should be required He was in favor OF that because
was analogous to the requirement. OF the constitution
that by the President should not be oyorruled
by less than two-hrds OF both houses Had Congress
the right under the constitution TO provide that 10 ad.
Indicating Constitutional questions two thirds OF the
Judges should unite decision before an act should DO
pronounced unconstitutional II not, then the action
Of Congress In passing this bill would DO futile because
that same tribunal would pass upon It, After some re-
Election and investigation OF the subject he claimed that
Congress had tho right and that the right
had appertaned to Congress- ever since II bad
attempted TO- legislate on the subject. Congress
most clearly had the constitutional right to provide
by law what number OF Judges It should take to
pronounce Judgment on any act OF Congress.
supreme Court aud if no had that honor nothing would
crafty him than the passage by Congress Of this
measure He did not believe that any Judges Of that
high tribunal would objec4o It, relieved the Court
Of very great responsibility, and made the decision
more satisfactory to those whom the decision affected.
He objected, however to the amendment requiring that
each Justice should assent the decision; that
requiring too much II would not do to assume that
the bench OF Judges was perfect any than Con.
gress He granted that there was less likelihood OF their
giving 10 passion and caprice, as they were elected
for their wisdom and experience aud supposed ability
but the best Of men might aud there might be found
one man perverse enough TO withhold his assent from
proposition which even he might deem correct Ho
would vote for the amendment Of the committee requir
ing Of two thirds Of the Judges declare
an act Of Congress unconstitutional
MIR. WILSON moved 70 add to the amendment reported
from the committee prov that II circuit dis.
rct court OF tho United States should adudzs act Of
Congress 10 be unconstitutional Invalid, the Judgment
before any further proceedings had upon shall be
titled 10 the Supreme Court Of the United Sates and
thereof two-thrds OF all the members OF the Supreme
Court shall not affirm the judgment below the same shall
| be declared and held reversed.
Mr. BINGHAM said would have preferred the discus
sion to have been carried In spirit different IRON
the partisan spirit exhibited by The gentleman from lii
nois (Mr Marshalll That gentleman should not have
assumed in advance for himself party he repre-
scented that they were the only guardians Of the const
the by which that gentleman assumed to pronounce
judgment upon the majority in Congress- in the name Of
| an the people OF the United states ne would ten
| spoke for themselves and by themselves, ana
that from their judgment there appeal either
to tho Congress or 10 the courta He would take leave
further to remind him. when he undertook to lecture
the majority the House about the sancty Of the SUI
preme Court Of the United Statos, that
chaon ged before the American people until 1t dared to
descend from lis high place in The discussion and dec
questions political with which it had no more right TO
deal tnan had the Court OF St. Petersburg. The gentle
man seemed to assume that there were tribunals In The
country superior 10 the people, who created them Did
he the high Of The nineteenth century dare to
assert that the servant greater than his 0rdY He
would tell the gentleman that There tribunal be-
fore which the Supreme Court compelled answer,
and had been compelled TO in inc OF
1885, 1857 aud 1885, 1t would be sad day for Ameri-
institutions and for the sacred Of republican
governments any tribunal in this land created by the
will Of the people ABOVE and superior to the
peoples power That court he repeated had dsgraced
not only itself as tribunal Of justice but 1t had dis
graced humanity when u dared to mouth from its high
seat of justice the horrible blasphemy
human beings, either In this land In any land, whose
rights white mon were not bound to respect
Mr.. AARsHALL reminded tho gentleman that the
Supreme Court had never said such thing.
Mr. PRUYr desired also TO make remark in that
connection
Mr. BINGHAM, not yielding the floor, said he under
stood very we'll tho point which gent emen would make.
He did not say that the court hed that docne he had
ouly said thai IL mouthed that horrible blasphemy. He
knew II no decision.
Nj. ROBINSON, rising TO question Of order, made the
OHIO to make such charge against coordinate branch
The spEAKEa ovsrrulsd the point OF order holding
that he could not declare out OF order an attack on
another department OF the government when made In
parliamentary language
gentlemen standing round Mr.. bingham should be made
TO take their seats
Quested the gentlemen 70 resume their seats.
Mr. BINGHAM went on 70 that from tho decision OF
the Supreme Court OF the United States appeal HAD
been taken to the public opinion Of the country. The
people had moved man, from the furthost East,
gates Of the morning 70 tho furthess West where the
citizens Of the republic kept watch at tho going down OF
the sun; and the people had pronounced is
csion-such condemnation had
before been pronounced the face OF the earth,
one or two centuries ago when the brave English
pie compelled that judicial Jenrss who boosted
his three hundred judicial MURDERS to besear his lace
with lampback. and 70 call upon the train bands Of
London ,runde him through the streets Of London,
and hide him behind the walls Of the tower him
from the outraged and indignant cousceuccs OF English
men. Tho American people, by their silent majesty, by
tho omnpotent OF the ballot had just
ouch condemnation on the American Jeffries. That
daNro md ria 1nfa In fbt
country hereafter to DO respected II would not
for any who road the constitution Of his
of the United Staios could not reduce that tribunal
70 snelo person, or to three persons. II
whom two would bs . majority, would it no.
require those to in any decision2 What
Illinois would have to md some other objection than
his dd captdndum statements that It violation Of
the constitution. Whom he had called that gcntieman's
attention 10 the fact that in the first Congress the
dietary law Of 1859 passed, under no judg-
mont could DO pronounced upon question Whatever
without the concurrence OF tw0-thirds, that GENTLE
man had ventured TO say dodge. He tMr
Binghaml did not intend II as dodge. He intended TO
DO understood sayin just what he did say that WASH
ingon associates had passed law declaring that
judgment OF tho Supreme Court could he
witnout the assent OF two thirds OF its members
Mr. MARSHALL inquired whether the Court had not
been so organized that Il required tho number Of
judges 70 declare u law vaiidy
Ma. BINGHAM admitted that u did
Mr. MARSHALL held, therefore, that there was no
logy between tue two cases.
contended that he had very strong Tor tho
passage OF this act He would not stop ask attention
TO the terrible consequences which followed In the
OF that lawess announcement to which he had pre-.
vously referred But be desired this bill passed ia
view o. tho questions that were pressing on tue country
every moment There werS goltlemcn OF high
cal and political Influence in th. country who held
that tho very fundamental law Itself could not be
changed BY the people without the OF the rebel
states This showed the importance which attached 10
the pres mt issae and he for one trusted tha tho
would DO speedily He was ready to take it TO the
country, hsn the battle on Il at the polls aud ready
abide By the results. The proclamation Of the gentle
man from Illinois orr Marsha had icrrors for him
That gentleman was no moro prophet OF God and the
people than any othor OF his stature tLaughter)
The people alone could decide this question: TO the
people he would appeal
Mr.. WILSON, OF Iowa, moved tho previous question:
stating that ne would do exccpt the order OF
tho House making special order FOR Of
bill report ii from the Reconstruction Committee
Ins previous question was seconded and the main
question ordered
Dir, WILSON Of Iowa, being entitled 20 hour close
tho debate, yielded twenty minutes OF his time 90
Mr.. WOODWARD, tdem.) Of Pa who declared himself