New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-01-14


ported from the Judiciary Committee. onG ~ inoni
drafted by the gentleman from Pennsylvania Wiliam,
and which had been offered as an I u.
country he had then objected as he now qua to the
universally Of that measure 10 s Iei.uii"x 49, G I'M
pairing OF Congress He had snggesteu ,eh ta.
concurrence OF twothlrds ony snou Ne s ~ The re
In favor Of that because II was Analogous 10 ne re-
qurements OF the Constitution that veto oy ,ne Ies
dent should not be oyerrnea ny rSht under the Const
tuition to provide that in adudicaIng I "a M
cison before an ACT should be pronounced unconsttu
tional II then the action of Congress an passing tn5
pass upon it, After some reflection and investigation OF
The subject he claimed that Congress had the right ana
the right had appeItaned Congress ever since III ha
attempted 10 legislate on the subject COnglesa most
clearly had the constitutional rsht 10 Sond o taI
to pronounce Judgment on any act OF Congress s
II he were qualified 10 hold seat on the Deneh oil lhe
Supreme Court, and If he had that honor noIng woua
crafty him than the passage by congress Vi ,Is
tribunal would object 10 II. IL iseNed mem ora sati
great responsibility, and made the decision more sat
factory those whom the decision Affected lie ooeceu
however to the amendment requiring that eac J'tee
should assent TO the decsion that was ieqm5lng 'o
Judges was perfect any than Congress He granted
that there was less likelihood OF their giving way to pas
and experience and supposed ability but the best OF men
might err and there might be man found pervefse
even he might deem correct. lie would vote for tne
amendment of the committee requiring concurrence oi
constitutional 49,, 49,. ,,ord
Mr.. WILSON rep Iowa. moved TO add to the amend.
ment reported the Committee, pfOVlso tlat a}
Circuit District Court of the United states shonu az
Judge any act of Congress to be VI had
upon it, shall be certified up 10 the supreme Sot o; 'no
Consideration thereof twothirds OF all the members OF
the Supreme Court shall not affirm the Judgment pcio"'
the same shall he declared and held reversed. a.. ,i
Mr. BINGHAM said he would have preferred the uls,
have been carried on IN Split dlef frnn G
the partisan spirit exhibited by the gentien I p
nois mir MarshaD. That gentleman should not nave as
sumed in advance for himself and The parry me G rop
sened that they were the only guardians Oh e The
tuition and the peoples rights. Nor dld ne fecogao a
title by which that gentleman assumed 10 o., a1e Of
ali The people Of the United states lie would tell tna
sS3s and by themselves and hat from their judgment
there lay no appeal either TO the congress or 70
him when he undertook TO lecture the majority
The United States that never was challenged before
the American people until 1t dared to descend rom 7
high place in the discussion anu of nueops poea
with which il had right 70 deal than had tc
snmo that there were Tribunals the country
the people, who created them a Ne ~ sorvnt Was
OF e Hyl non Els 5fd He would ten the gentleman
that there was tribunal neiU,e and had been
compelled 10 answer in the years OF grace 1906 1891 anu
1859 It would be saG 1sy tor rennScan eoyem
ment il any tribunal IN this land created by the VIII OF
Tha Court he sepeated had s graced not only itself as
tribunal Of Justice but II had disgTaced humanity when
bic basphemy that there human beings, either IN
this land amy land, whose rights white men were not
Mr. MARSHAL reminded the gentleman that the SUI
preme Court had never said such thing
SIR PRUYN desired also 10 make remark In that con
neetiOn. ....;,,....,. A.. 49,, 10 ,ndor.
stood very wen the point which gentlemen would mahe
He did not say that the court held that doctrine; ne ad
only said that it mouthed that holid blasphemy' lie
knew that II no decision. ,
Mr. ROBINSON, rising to a question Of order, made
point that il not In order Tor me gentleman io
olro "A
The SPEAKTR oyerruled the point Of order. holding
that he could declare ont Of order an attack on
another department OF the Government when made III
Mr. R0B1Nso% made the further point OF order that
the gentlemen standing around Mr. Bingham should DC
The sPEAKER sustained that point Of order, and re
quesed the gentlemen 10 resume thelr seats ,,..
OF the Supreme OF the United states appeal had
been taken TO the public opinion OF ne eoshtI! me
where me citizens Of the ~, RePa9s feP T' e S te
the sum and the people had o
az rad never before been face OF the
earth one or two centuries ago when the etaNe
Who be aetdd his go judicial murders, 10 be-
the train bands OF london to trundle HIM
through the streete Of London 81" d., htS al,'
ragged and indignant conscienees OF Epgshinen: INC
Agoa pS%ef Of e ballot hsd Gst sne
a condemnation on the American Jenies. mat decree
hereafter TO be respected IL would not 90 of any
man who read the Constitution OF bis country 10 rise
his place here aud say that the Congress Of the United
States could not reduce that tribunal 10 single person,
or three persons IL the number o Judges was hNcd
peone those TWO TO concur i'm any decsoni What obee.
ton there TO this law The gentleman from Illinois
andD statement that 4 was violation Of the Consttl'
ton When he had called that gen'lemans attention to
was passed, under which no Judgment could he pro-
nOunced upon any question Whatever without the concur
NJ IL.
it dodge. lie fNr Bingham ala not intend II ~
dodge lie intended TO be understood In saying just
what be did say, that Washington and his associates had
passed law declaring that 10 Judgment oi the supreme
Court could be pronounced witbout the assent Of two
Mr.. MARsHALI Inquired whether tho coor, had not
been organized that II required the same number OF
Judges 70 declare a law valid
Mr.. BINGHAM admitted that It did.
alcgy 5eiseea me two two cases
Mr.. BINGHAM went Oh 10 contend that there and
conended that he had strong reason for The pas
sage OF the act He would not stop to ask attention to
that awess announcement TO which he had previously
referred But he desired this bill passed in view of the
nent There were gentlemen Of high soeiel and 20 ea
influence in the country VINO he b e ' h Wy dndh
without the assent ~ the Rebel States This showed the
ior one trusted that the issue would be made speedily.
on il az the polls and ready to abide the results The
proclamation of the gentleman from Illinois (Nr. Mar
shalD had terrors for him. That gentleman was no
man OF his stature Laughterl Tho people could
decide this question and to the people he would appeal
Mr. WILSON rep. Iowa. moved the previous question,
stating that he would not do except for the order Of
the House making special order for tomorrow Of the
bin reported from the Reconstruction Committee.
The previous question was seconded, and the main
question ordered.
Mr. WILSON, being entitled to hour to close tho
debate, yielded 20 minutes Of his time TO Mr.. WOOD
WARD Dem, Pa, who declared himself opposed TO
both the bills-that OF the Reconstruction Committee and
that OF the Judiciary Committee, because he believed
them TO be Unconstitutional. Congress had no more
right TO dictate the Supreme Court how IL should de
eide questions than Supreme Court had TO dictate TO
Congress. The Supreme a coordinate branch
OF the Government and Its decisions to be made