Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1869-12-24
Senator Brake, @agremc aoar. gal.

Senator brakes bill to deprive the Su-
prcme Cour; Of the right of deciding upon
the c0ustitutilnality of acts Of Congress is
certainly very grave proposition. 1t pro-
poses to reverse the whole practice of tie
Government in regard 60 the relation he
tween it, Judicial and legislative branches
1t throws off all Judicial restraints upon the
action Of Congress. and grants to its laws
an exemption from the review Of any
higher body. Congress is to be made the
final interpreter Of the Constitution in all
political questions. The bill proposes in
short to deprive the supreme Court of one Of
its most important pIerogatives.
We need not say that this Is a scheme which
deserves the most careful consideration. The
consequences of adopting it are too momentous
to be overlooked, even though It's constitution
ality were fully assured At present We will
discuss neither Its justice nor It's expediency.
But this may be said, that the author Of the
bill in his speech on Monday failed to com
prehend the fall significance Of the question
His main argument was woeiully weak lie
maintained that the Constitution did not
give the Supreme Court the right to review
the laws Of Congress Yet he introduces a
bill to take away that right; thus proposing
to deprive the Judiciary Of something which .
it never possessed. This appears to be a
serious flaw in his argument; though it may
not affect the main question.
Senator Edmunds of Vermont briefly re-
piled to Mr.. Drake. ihe correspondent Of
the New York Iimes saws that " Mr.. Ed
munds, in two or three dozen sentences.
seemed to express the views of the majority
Of the Senate On THE novel question. which,
as Mr.. Drake observed, was presented Tor the
first time. The Vermont Senator went into
no elaborate argument, but when he sat
DOWN the impression appeared to be that he
had swept away all Mr.. brakes theories g"
We cannot do better than to give the telo-
graphic abstract of our Senator's remarks:
Mr.. EimuGds remarked that he had been irri-
ated by some proceedings called judicial. which r
lsd taken place, and others supposed to be i'm u
ending; but he had been laugh; 10 sunpose
here was wide difference between congress IN
iertaSing TO assert its right TO judge Of what its
lohlcal action should be aud its right 20 declare il
tself the sole Judge Of the constitutionalty IN al
asses affecting the private rights of its own ac- -
ion. The the ry of all constitutional govern :
MT he had ,sal s1a 81. 81,
elves we're not always TO be trusted. and that \
onstitutions were framed for the purpose of nre-
enting the people themselves from interfering
nth what on the whoewas thought safest The a,
Constitution said that all JUDICIAL questions Ia
hould De determined by the Judiciary; that all
o.itlcal powers should he vested IN another "
ranch, and all executive power in third And D.
also declares that the Constitution and The ~
Tvs made IN pursuance Of it (that Is the lsn o.
uige} shall be the supreme law Of the land -
ow are not the Courts 10 determine what the /"
w was, as between parties before the Courts, ~
uot, then he failed TO discern the meaning of !"
lie Constitution; and did not all history demon te
rate that The greatest safeguard OF liberty and IN
rVate rights was found, not in the legislative L"
ranch Of the Government, but in its f.nda- pl
entail law, which secured those private rights mi
administered by an independent and fearless
ldiciary. There was the security of mo-
ess III society, aud the anchor which held to- =.
;her the wishes ofal good men. Though willing ~
20 as far as the Senator from Missouri in de- no
nding the political position Of Congress, We, an
thought to declare that the tribunals of The I'm
untry had no power to sit in Judgment upon
e laws passed under the Constitution. was Ia 10
beyond what the liberty Of any people would tel
auire, or the liberty Of any people could en- In,
re for any great length Of time