The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-15

More Of the Supreme Court In Congress.
Mr.. Drake, of Missouri, is the shallowest Of
the political philosophers who dislike the SUI
preme Court of the United States and the
restraint in which it holds that riotous spirit OF
legislation which prevails in law aking bodies
where one side has an overwhelming majority.
He would like to govern this country by such
assemblies as governed France in the great
Revolution; and when his assembly made
law to cut off the heads of all its political OPP
ponents, then, if any court should interfere
and say you have no right to make such law,
he would answer, ''This is law; we are the
supreme power in making laws, and if you
judges attempt to interfere we will cut off your
heads too" Mr.. Drake admits that he has only
believed this way for two years, but now he
believes this way so strongly that he thinks .
man must be fool to believe any other way.
He thinks, therefore, that he was fool two
years ago. People will only differ with him
as to the time Mr.. Drake puts the case against
the Supreme Court thus:-sDoes the consti-
tuition vest in one body Of men the exclusive
power to make laws for the nation, and at the
same time vest in another body of men the
power to annul them?" To hold that it does
implies, he fancies, "a grave imputation upon
the common sense OF the trainers Of the consti-
tution"-that is, If those old gentlemen really
thought, as Mr.. Drake himself thought until
two years ago, then they also were fools. We
suggest that Drake read the constitution. He
will find some excellent ideas in it but he will
find nothing about body of men empowered
to annul laws. He will find that that body is
a thing somewhat of his own creation. What
he will find also is that the constitution has
made good provision FOR the protection Of per-
sonal rights, and has tablshel court to
try cases when such rights are invaded, whom
the cases arise under the laws of the United
States. In doing this the judges naturally
examine the laws; but even then they never
annul laws, for if they point out that Congress
has somewhere transcribed its power and
assumed an authority over persons or things
that the charter of its existence does not give
it, they only point out that so much of given
statute is not, and never was and never can be
law. The trainers of the constitution seem to
udtC 5uppObCu uhoS oHU bObV oObSiOoo W.
could ever get would still be composed Of
human creatures, and that in virtue of ita
humanity Congress might be liable to error.
They supposed also that the representatives Of
the people would be drawn from all the fields
of national activity, that there would DO mer-
chants, miners, farmers, ship carpenters, shoe
makers, school teachers, bankers, dr0vers,
&C., and that Congress might therefore be an
assembly not learned in the laws. Lest, there
fore, the crude DEGREES OF such a body might
Cypress any man in his rights it was deter
mined that the people should always have an
appeal to given number Of mon who have
made the law the study Of a lifetime. That Is
the way the people view the Supreme Court
and we do not believe that brakes new discoy-
cry will make any other view popular.
New York And NEW JERSEY RIPARIAN
RrsHrs. The New Jersey Central Railroad
will have to walk up to the captains Office at
Albany and settle, or IL win have to haul In
It's horns in the matter Of its extensive struo-
lures on tho Jersey side Of the bay. The
company, on a charter from tho State Of New
Jersey, is operating In the waters of the State
of New York. The jurisdiction OF this State,
y