The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1869-11-07
Independent Judiciary.


the Supreme Court by giving their own Jul
dietary Committee a, revisory Jurisdiction
over its DEGREES. II is true that the DEGREES
to be revised will be for the present limit
ed to those involving the reconstruction
acts, but the same power which asserts
this jurisdiction can assume it over every
case on the docket of the Supreme Court.
In that case the so-called Supreme Court
is in reality merely an inferior court, and
Congress is virtually the Supreme Court
through its Judiciary Committee, or other.
wise, as it may please. . ..1.e
This may be a very good plan, but it is
not the American idea," which contem-
plates "a judiciary strictly independent,
both of the, executive and legislative de-
partments and co. ordinate with them. 1t
may be an Improvement to have the judi
cial department consolidated with the leg
isfative and the executive, also swallowed
up blythe same progressive expansion, a
result which would certainly follow as soon
as Congress would be able to decide judi
cially in all its own contests with the Ex
ecutive for prerogattrt, iili-tssse- must
admit that such an event would radically
change our system of government. The,
fundamental characteristic of our Constitu-
ton, as to its form, is the sub division of
supreme power into three departments,
each of which may be check upon an
other in any effort to aggrandise itself.
The insoience of u usurpation by Con-
gress, such as that proposed, is so glaringly
evident that it would be an insult to ones
readers to suppose any proof of it neces-
sary. The Northern. people, as well as our
own, must be aware that such q course is
nothing but O revolution of the most tho
rough kind. And we hope that the Su
preme Court will not surrender its existepce
without a protest that shall plake a
direct issue upon which the pesple cannot
avoid acting. Let it formally refuse to re-
cognize the appellate Jurisdiction of the
Judiciary Committee, or of Congress itself,
and treat alLsGch pretensions as contempt
of court</Fhe revolution could not then
effect itself by the mere passage of joint
sfesolution-a contest would ensue upon
Which the undivided attention of the whole
coGptry would be at once rixeted, and
which would, produce an agitation that
would not fail to bring forth n full and de-
cisive eSPression of the popular will.
We are \much mistaken if the people
Neven in the most fanatical ATTITUDES of mis-
country, are Milling, in sober earnest, to
see the legislative and judicial functions
-~--t1-s---a IL IlaaAS ha said th9t the body
which made the laws can best expound
their meaning, and the power which can
E3et aside an offensive Jurisprudence by a
new law, might as veil c6ptrol that juris-
prudence at first But it must be remem-
bered that theSupreme Court has iurisdie-
ton of lays which Congress did not and
could not make-the organic law of the
country. Its most important functions is
precisely that of saying wherein the laws
of Congress violate\the Constitution.
Then it is well known that legislative
bodies are constantly changing their con-
stituent parts and, aftefa few months, are
no longer the same bodies that Trained the
laws the meaning of which is in dispute.
1t is we'll to say that the Legislature can
virtually nullify the opinions of a Supreme
Court by the mere passage of law, but
that would have only n future opera
tion----Y Vested rights have accrued I'M
der the first law, as odfous as it
may have been III it's application, and
those rights ought not to be interpreted
according to change of policy onthe part
of the Legislature. Such results may be
changed for the future but are vested rights
for the past.
The people of this country are not yet
prepared for total abrogation of their
original form of government, at least not
without due discussion and reflection, GER
tainly not by quiet aud unnotieed assump-
ton on the part of one branch of the Gov
eminent like that proposed in this case.
THANKsGIvING.-This New England institu-
ton is in imminent danger. A strenuous effort