The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1869-12-21
DCSNOilin. The Judiciary.

DcSPOiiins The judiciary.
The first day OF the present session Of
Go igrc WAS signaIizcd by the intro
dnction Of two bills to cripple the Uni
ted States Courts.
DRAKE, Of Missouri, before the scs
sion was an hour old, introduced bill
providing,
That no court created by an act OF
Congress, or judgc thereof, shall have
power in any case to adjuage or hold
any act or joint resolution of Congress
invalid for any suppose! rep"gndncy
bet~cc0 such oct or .joiat resolution aRd
the constitution IF the CMtcd StafeS or
for any supposed want of authority in
said constitution for the same nor shall
the appellate jurisdiction of the Supreme
Court of the United States I've construed
to authorize that court in any case now
pending or hereafter brought before it to
affirm any order, Judgment or decree of
any inferior United Estates court or OF
any State court which shall appear to
have beer based upon any such adjudg-
ing or holding, hut every such order,
Judgment or decree shall for that cause
be reversed, vacated and annulicd."
Later in the day Mr.. SUMNER vented
his spite against the Supreme Court by
presenting a bill, afterward amended by
Mr. TRUMBULL, 81 as to provide, that
tie Supreme Court shall have
no jurisdiction Of political subjects. de
claring the reconstruction acts political
and further providing that Congress
shall decide what acts are and what art
not political in their character.
These bills belong to a class which a!
good citizens should condemn. They
have no claims to ttc approval of any
hody, except what they deserve for thC
aid they may give to the more ultr;
wing of Il political party.
1t is not probable that the authors o
these bills will have the rashness to claim
that the people generally want sucl
measures, or would be benefited by
them. Such bills are never brought
fairly before Congress, and there fully
discussed, and then disposed of accord
inc to their merits. They are taker
charge of by secret caucus, which a
an agreed upon time, launches them upor
one branch, and rushes them through
both under the party lash.
Mr.. DRAKE's object is scarcely dis
guiscd. The plain English Of his bill i:
just this:
Congress has passed laws which the
Courts must believe to be unconstitu
tional. But we will compel the Courts
to enforce these unconstitutional laws
whatever may become OF their oaths and
their consciences. Wherever decision
of these Courts is based upon the ere
pugnancc' of any law to the Constitu
ton, the Supreme Court shall set it aside
without the slightest regard to the mer
its or dement's Of such decision in otheI
words, the Supreme Court shall stoop tc
the dirty duplicity of appearing to affirm
the constitutionality of these laws, know
inc at the same time that they are ere
pugnant' to the Constitution.
Mr.. SUMMERS bill is merely the coun
terpart of DRAKE's: the one is aimed a
the inferior Courts, and the other at thu
Supreme Court.
Mr.. SUMNER virtually says; If certain
of our partisan laws ever come before
the Supreme Court, that body, not being
composed of reckless fanatics, must pro
nounce them unconstitutional and void
But, /, the Senator from Massachusetts
happen to know of few cases about t.
be brought into that Court which in
wolves this very question of constitu
tionality. We arc not quite done witt
those laws yet; Therefore: l will lop of
jurisdiction enough from the Supreme
Court to save our nugatory laws unit
they have fulfilled their purposes.
There is no pretense that eXperienc
has suggested the prcpriety of prunin!
the jurisdiction of our Federal Courts
no pretense that the perfection of on
political system demands the Gripping O
one of our great Federal trinity. The onl.
pretext for such measures is, that the.
may exc out the life of a failing politi
cal party.
Military necessity as plea for sue
legislation was wretchcd enough; bu
''party necessity" is ap!ea to be despise(
1t is dcrogatory to our character as
nation, and disgraceful to any part
which upholds it.