The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-14

grants 70 the United States liable to punishment by
after their arrival whereby their labor shall be
psaged iol Term OF years or contracts with them
states engaging their labor at less than the custo-
mary rate Tor the same kind OF labor In the most
favored parts OF the United saes also oil contracts
not made directly with the immigrants themselves.
IL Is MADE the duty OF saperntendents OF immigra-
ton ana omcers Of the customs report or prevent
RETIRING JUDGES OF THE SUPREME COURT.
MI UAkrESrER introduced bill providing that
| OF the United States to his satisfaction that any
.uogo Vi Tue supreme Court OF the United states
SUBSEQUENT 70 his appointments or confirmation, be
considered totally aud permanently incapable OF
performing we duties OF his ONCE, the President
Shall accept the resignation TO the Secretary or the
Treasury, ana thereafter such judge shall receive
the same salary during his natural lie that he
by law entitled 70 receive ut the time OF his resig
nation.
AMENDMENT TO THE GEORGIA RECONSTRUCTION BILL
Mr. MORTON, trep OF Ind. by unanimous consent
tne admission OF the State conditional upon the
adoption Of the fifteenth amendment
| BILLS INTR0DUCED.
MI. SCOTT rep OF Pa introduced bill TO extend
the time Tor presenting claims Tor additional Doun-
Also bill TO declare forfeited to the United States
certain lands granted TO aid the construction OF rail-
other purposes, which WAS referred to the Committee
! on Public Lands.
| Mr.. CARPENTER submitted the following
Resolved That the opinion Of The thirty gun
boats purchased for 10 the United States
behalf Of the Of spen to be employed against
ro the United states durn: tho continuance OF that rebel
Tne resolution was laid on the table ny request OF
M. CARrENTER, who gave notice that he would call
Mr.. TRUABULI, from the Committee on the Judi
ciaTy, reported with an amendment the Dill TO re-
| llcve members OF Congress from importantly and
10 preserve the independence OF the departments
| OF the government. The bill amended prohibits
recommendations to Oiice by members OF Congress
| and appointments IN accordance Herewith under
penalty OF misdemeanOr punishable by fine not
exceeding one thousand dollars. The clause allow
Ing such recommendations In response to written
request from heads OF departments is stricken out.
/ JURISDICTION OF THE SUPREME COURT.
n S sn e and se se
jurisdiction and powers OF the courts OF the United
The bill prohibits any court created by an net of
Congress, or Judge thereof from holding any act Of
Congress Invalid Ior any supposed repugnancy be.
States for any supposed want OF authority in the
constitution for the same and also requires that tho
appellate Jurisdiction OF The Supreme Court OF the
Unlled States shall not De construed to authorize
| that court In any case now pending, or hereafter
brought before IT, to affirm any Judgment order or
| decree OF inferior court which shall appear to
have been based upon any such holding; nor shan
| any justice Of said Supreme Court furtherance OF
tile exercise OF SAID appellate jurisdiction make any
order based upon any such holding by him or by the
| said Supreme Court
Mr.. DRAKE addressed the Senate at length In sup
port OF the bill He said, IN considering the subject
| the query had been suggested TO his mind whether
| the constitution, while leaving in one body OF men
l
| had. at the same time, given TO another body OF
| men the power OF annulling those laws. 10 answer
claimed 1t should be answered. presented 30 grave
! an imput4tion upon the legal acuinen and common
sense or the trainers OF the constitution that he had
been led to an examination Of the whole subject.
His final Judgment that the constitution
| did not contain single word: which right
| fully considered, justified Affirmative answer.
| If the national government the only one
| known to us there would be no difficulty in con-
sid6rng the question on purely national principles;
L rlIQ
example Of the State judciaries 10 declaring uncon
stitutionai the acts OF state Legislatures. This ex
ample had been copied by the federal judiciary IN
passing judgment upon acts OF Congress. 1t seemed
difficult of comprehension to some that that which
might be proper In the decision Of State courts to
| the laws OF the States might not be proper when
applied to the federal courts; but there was wide
e aw vben ,he Was
framed Q7S7l was the same now as then, and was
| incapable Of enlargement or dinnution by act OF
Congress or by any paactlce since then however
| long continued The constitution OF many OF the
| States being comparatively Of recent date, the
judicial power In any OF them might be taken
TO include ali that had been accorded to 1t prior to
| the adoption Of the state constitution. Prior to
stitutionality Of an act OF Congress was unknown
In the federal courts II this claim OF the federal
Judiciary was esta9s s then veto power more
| not bill, but law-was created. This power
a 5s a q g,
| must be warranted BY the constitution, and II not
granted there its exercise can only be regarded as
an usurpaton which no sincerity OF Judicial con-
| vIction In its favor could uphold and
which could derive no rignliul force be
! Of Congress. Ii the exercise Of this power
had been tolerated because OF misinter-
probation OF tue constitution or want Of
Consideration Of the subject. and consequently
had been exercised for years was no less the duty
OF Congress 70 apply the remedy than would be
for the first time. slxty-slx years ago the Supreme
Court OF the United States, under head of Chief Jus
tee Marshall, Without having heard any arguments
on the question, asserted IL right to hold an act OF
Congress Unconstitutional and from that day to this
| had passed into professional dogma mat such
right existed, which dogma had been
| accepted without Investigation or question.
Inc o egs n nad NOT o auesS %
gress until the Speaker denied ITS truth IN February.
The was one which urgently needed attention,
because OF late years the supreme Court mad been
bese by parties to declare nun and void important
acts OF Congress- among others those in which Con-
grcss had exercised the power OF declaring tax on
cotton grown in this country OF taxing STATE banks,
OF dsposing OF military lands and OF declaring mll
claim Of the Judiciary was acceded to wheno would
1t endf Eacn successful effort to overthrow Con-
| gressiona action would lead to Others, until the
judiciary would loom up as the great central power
| OF the government IL was the purpose OF the DILL to
the OF this threatened evil place Con.
gress where the constitution placed 1t, above and
not Delow the judiciary. IL was not the object
take from the court any constitutional right, for
vent i from passing the limits OF It's richtful autho
rty under the constitution 1t was not intended TO
assa the court but 70 shield the representatives OF
tine people In their legislation from unauthorized
| judicial interference. The power OF Congress to
press this bill was beyond dispute 1t applied first
TO courts created by acts OF Congress- and secondly
TO the Supreme Court in the exercise Of Its appellate
jurlsdcGisn. The only question was whether It
ought to be passed, and TINS brought up the ques-
ton OF the right OF the judiciary to declare act
Of Congress void. II that right was given BY the
stltution It could not be disturbed but II not posses
sed under that instrument 1t should not be exercised
The SPEAKER argued that the question was one
whlcn closely touched the national sovereignty. In
| government like our own the people could not
WELD TINS sovereignty directly, but exercised It
| through delegated powers Hence our three depart
ments OF government Among these three there
must In the nature OF things be one superior In law
and in fact to the otherone having power to give
l law TO the others and not accountable TO them.
Therefore we might characterize the Congress as
the place wherein that arbitratng power, which IN
al republics must reside somewhere, is entrusted
with limitations be sure, but within the bounds