The New York herald., 1871-12-16
Effect Of the Fourteenth A Ame end
ment and the Judiciary
Act OF 1867.
The Supreme Court to Review the Decisions Of
tho State Courts Upon State Legislation.
Retirement Of the Judges at Seventy Years d
Age and the New Regime-Vastly Increased
Business Of tho Court-5rief Argu-
ments, Short Opinions and Long
Sessions-A 'Naw Departure"

WASHINGTON, Dec. IL, 1871.
The Supreme Court OF the United States COM
menced the regular term for 1871 on Monday, the
4th inst. with docket OF Unprecedented lengts
and importanCe-a result Of the late war, from
which springs immense numbers OF revenue mlii-
tary, Eavy and pension cases. incaculably increas-
ing the business Of tile federal courts and multiply
ing tneir duties. Besides these. the land grant
and patent cases brought TO adjust titles In tho
Western States. constitute o sufncient number ol
themselves to form respectable docket. Nearly
all the titles In the newer States rest patents Of
the United States whose validity and terms are
determnable by the courts OF the general govern
ment and which will require generations to dispose
OF. The Supreme Court therefore, always power
ful tribunal, from the occurrences or tho war ana
the rapidly progressing development OF the country
attendant upon the result OF the strife. has beoqps
far more general and potential In Its authority
than ever before Ten cases now come to
this Court where few years ago one came
But superadded to all this IS another source or ap
pellate jurisdiction more prolific probably In tts
production OF cases here in the future OF the coun-
try than all the other together, and that u
the second section OF the Judiciary act OF 1907 the
object Of which Is just beginning to appear as the
cases coming here In pursuance OF tS provisions arc
reached on the docket BY the presence OF this
class OF cases it Is discovered that certain e.
under it is to give this Court the power to control
the State judiciary and TO expound state legislator
on nearly every subject and certainly on question:
never before considered renewable mere; and 1t y
strongly suspected that 10 accomplish this end was
the secret purpose OF those originating the mea-
sures and that they are put steps OF an insidious
series toward the ultimate Capitalization Of the gov
ernment by means OF constitutional and legislative
enactment undiscerned by the people until analy
c0nsummated.
The amendment declares that 'no State snax
make or enforce any law which shall abridge the
privileges or immunlties OF citizens Of the United
States and the second section or the Judiciary aot
(enacted Just after the adoption Of the amendments
provides an appeal to the Supreme Court from the
highest courts OF the States in any case where any
privilege or immunity Is claimed under the c0nsst'
tuition and the decision is against the privilege OF
immanity." so that in any suit brought in any
State, under any STATE law. the party has only 70
plead, whether truly or untruly. that his prvcges
or immunites" as citizen OF the United states are
'anrldged" by the statute OF the slate and he can
have an appeal to the Supreme Court OF the United
States the decision OF the State Court Is adverse u
his plea, and the federal Court determines whethes
the citizen Is oppressed by tho laws OF his own
State or whether III any manner his privileges &c,
are 'aordged;n and thus the State Judiciary ceasea
to nave final jurisdiction under the local cOnsttu.
ton and laws. and the judicial power OF the state
has ceased to exist exist US tribunal independ-
sathoFy sat s sSSs Of State sGdsss n
some form the natural rights OF the ctt
zen; ana whenever this occurs, as 1t must In almost
every instance OF the exercise OF State authority.
or OF prosecution or suit under State law, tns fed
clslon II the pr5stliute, who walks by night the
gambler, who inveigles and destroys the youths Qf
choose TO oonsitier their rights to do any Of those
things "aDridged" by the exercise OF state author
have n Sppes To sn m Of the Is
States to adudicate and determine the question for
sc6 Tn OF a s @ rs
supreme Court VIII lay down the law for all the
people as citizens Of the United states no Longer
Court shall by chance concur In the decision
O the state courts and all the consequences attend
ant upon a composite form Of government will fol-
low. Tne laws throughout the country Will become
Will no longer be ut variance, because the final
termination OF all issues OF importance VIII be had
enough, therefore 10 turn the States OF the Union
over to tue actual government q the federal Ex-
ecutive and federal law after they mad been de-
anu remedies
are concerted, and that their effect was preo0n-
ccived and predetermined Dy the masters Of the
States have become already unprecedented; and Il
was unquesti0naDy the crowning act OF this policy
ciary retired the Judges o this Court upon iul pay
OF seventy years OF age. in this way the Polk Tyler
and Bucna1an nan Judges must soon 80. and their
views are In harmony with the theory underlying
all this LEGISLATION and who Will affirm the
extraordinary urisiicti0n taken from the State tri-
blnas and bestowed upon this Court say the elder
judges must 60, because by the decisions sucn
pnraseOOgy IN all acts the term "mayn Is construed
as MANDATORY, anu judlciay interpreted means
"must." Hence, these Judges .may' not only re.
tire at seventy years OF age, but they must retire.
With the Court thus reconstructed and the Executive
In possession OF It's present powers the government
ceases to be federal ana composite In its charac-
ter. State rights nave vanished and the central
power Is direct, supreme and final.
Jurisdiction would so crowd % the docket OF lne So,
preme Court that its judges could no longer have
me udaes M o. sns gc safo or score or
business OF the Circuit Courts and leave the Supreme
70 s n a. s yes aaS se
with their docket, increasing as It Is ut an amazing
The Judges themselves appear to understand the
vastly augmented sphere or their powers and work,
and six OF them have come to reside at the capital
including Justices Miller, Field, Strong and Bradley,
four OF the youngest as well as four OF the very
ablest on the Bench. Justice DAVIS, the only re-
and mind, does not reside here but in Cnicago lor
whose relief he recently gave one quarters salary
opinions are always read with admiration for their
saIns ns s Ncs HjnsN ssNi Es@sa esapSsea sa
judge Nelson, now near s!sNy, yAo mas not s.,d sp
peaea IN his rs sea Gs a r, only scys awa d
by way OF cxpeditng business the Court has
adopted sthe hour rule" IN tue argument OIL causes
Formerly each counsel was allowed two hours, but
under ''lhe new Departure the spirit 0l progress
relgns, and short arguments ana short opinions,
too It Is said are TO prevail. Indeed under the
press of business imposed by the new order OF
things the Court will not have lime to write lengthy
Oplnlons nor mas 1t In the past lndulged In Such.
except perhaps In the case OF Mr.. Justice Cllforu,
who Is thought by many to be rather tedious In
some OF MS productions IL Is greatly 20 be hoped.
as the entire Bar unite IN saying that In the deci.
sion OF all question OF fact the Court win refrain
from writing opinions altogether; for although they
are bound to re-examlne such cases. wnen properly
brought before them, and mus. announce the judg-
ment OF the Court on them, certainly they are not
under any obigafion to deliver opinions IN sucn in-
stances any more Than where divided Court
announced they are bound to go into long nara
tive OF wDat the TWO sides thought or said In con-
ference bL0 or To write uplntOns on hOkn