Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-01-14

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than these? By what other meth
oil than by comparing the law with
the Constitution, and then reasoning
as to the object, intent and effect Of
each, could the court arrive at a cor
rect conclusion?
Let us follow up the Senator. He
says: ''The Congress may pass and
the President may approve a bill,
after a full and able discussion in both
Houses of its cOnstitutionality, or it
may be passed by a twO-thirds vote
over the Presidents veto, and yet the
law be held unconstitutional by five
of the nine judges, whose opinion,
shaped by their order in a judgment
entry, strikes it down. -Four of the
court one way, four the other way,
and the ninthman, possibly the weak
est of all, sits umpire over the exer-
else of the nations sovereignty by its
Congress, and as his opinion is pro or
con, arrests or permits to proceed"
The Senator's remedy is TO take from
the Supreme Court the powerto make
decisions, and vest it in Congress.
Let US see how it would work in
Congress. Congress, as every one
knows, is composed of all sorts of
men, of every profession; lawyers,
doctors, merchants, farmers, horse
traders, pedlers, shoemakers, soap
makers, tailors, tanners, and some Of
/ no trade whatever. Jacks at all,
good at nOne." Let US suppose a
great constitutional question such as
the legal tender bill before them; that
it has passed the Senate by one vote,
and that the House consists of two
hundred and forty-One members. The
question is up for final decision. One
hundred and twenty for, one hundred
and twenty against, and the fate Of
the bill is made to depend upon the
vote of one man, and that man is a
sOapbOiler, who knows all about
grease, but never looked into a law
book, read a decision, or the COnstitu-
ton; who, in fact, is very ignorant,
50 ignorant that if all he knew was
written and printed, it would not
make n page Of a small primer;
whereas, if all he did not kHOW could
be printed, it would make the largest
book ever seen by mortal eyes. And
yet that mans vote, the weakest man
in Congress, " sits umpire" in deter
mining one Of the gravest and greatest
constitutional questions ever intro
duced before any tribunal.
To this complexion must come at
last the Senator's programme?
We wish in stating this case not to
be understood as rejecting on men Of
any trade or profession. Our object
is 70 point out the absurdity of the
Senator's doctrines.
Not content with the prepOsterOus
claim for Congress to expound laws,
the Senator claims that Congress
the sovereignty Of the nation.
To strengthen this position, he
makes the following quotations from
BLACKSTONE: Sovereignty and
legislature are convertible terms"
Again:
An act Of Parliament is the exercise
the highest authority that this king
acknowledges upon earth"
This description" the Senator says,
% applies to an act of Congress in relation
20 any subject over which the Constitu-
ion gives it legislative power. In that
field its acts are as 0aHjPoteat as those Of
Parliament over any subject"
This sounds like a very pompous
.DretensiOn and grating to American
ears. The restraining words, "orer
chich the Constitution giCes 10 leqjslQ-
ire Po5cer," is q monstrous getting
Town stairs, ",if not into the cellar; \
he play Of &" OtheIlo without Des-
IemOHaj a big door without a house
it.
Congressman are but the agents of
he people. As the people cannot in
'ropria pers0Hcg meet to transact their
business, they depute their agents, 5
With strict letters Of instruction. l
Thus far shalt thou go, and no far
her" Every legislative body over
which the Constitution gives it "leg-
power" may claim to be like ,
wise as OmnipOtent as the British ,
Parliament. Indeed, every consta-
DE, for the purpose of serving writs D.,
ind collecting money, to the extent of
lis power is also OHaHipoie7t.
Omnipotence is not in u vocabu-
airy, nor in u Government like that
# Great Britain. The Government :
# Great Britain is a hereditary mon :
irchy. In the language Of Lord COKE, =
he King is Priacipaa3 ct fais, the be ,
and end. Sir WILLIAM q
BLACKSTONE, from whose writings
he Senator draws his maxims, as
RIDES to the King ubiquity and i'm
mortality; that law, justice, Offices, I
lOnOr, all flow from him; that the {
Parliament, Church, army, {
highways, laws, peace, are, by I
-irtue of his prerogative, his. c
The Parliament in part Of its COM
position is hereditary. The Constitu- :
ion of Great Britain is composed of
Inwritten laws and maxims. Their :
Charta, Bill Of Rights, etc, are
.ulwarks to protect the people against
he prerogative of the Crown. They
lain they can dc as they phase, and
re OBRipOtent. The people are di-
ided into castes-earls, dukes, lords,
cunts, barons, common people and
eggars.
The Government Of the United
is modelled after no other.
t is sal geRerjS. The trainers of
he Constitution and those who p
it, were wise, prac ticaI, /
earned men, deeply versed in the his c
Dry Of all governments. When they
ndertOOk the task Of forming a gov q
rnment, they may be said to have
TODD on an apex, from which they p
Ouid look down upon the history of =