Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-11-17
TUESDAY. NOVEMBER II. 1891
the Future Of This Country.

We have had occasion TO say that the
free institutions OF our country are now
or are still crystallizing into the form which
Il may be assumed they viii finally take
upon themselves when the several depart
ments OF the Federal Government shall
have had pointed out TO them tho respec-
tive spheres In which they are to move.
But who is to draw the line and say 70 any
one department, Thus far shalt thou come
and no fsrther7 There may be strain
mon our government when the effort to
keep each department confined 70 its
legitimate duties and its own province Is
formally made; but it is work which can
not be avoided, 30 far as We can see. 1t
may be postponed; but it must be done.
The Government is more than q hun
bred years old. and yet there are now
pending ID the Supreme Court OF the
United States three or more cases in
yolying questions which ought TO have
been settled in the Federal Constitution
itself.
One oil. these questions is involved in the
SlrwARp case. For the United States
Government, as represented by the Ad-
ministration, it is oontended that the
question is o political one. and that the
decision Of Congress and the Executive is
conclusive and binding upon every citi-
zen. whyl Because in deciding or de-
termining that political question tho Exc
cutiye is discharging bis official functions,
and he whilst discharging these official
functions Is not an inferior tribunal whose
decision may be reversed by the Supreme
Court. And yet that court was at that
very moment holding its restraining
hand upon the Executive and Legis-
lative departments OF the Govern
ment. IL would seem, therefore, that
that tribunal is to decide for it
self whether il will assume jurisdiction in
the SAYwARD case and pass upon the official
political acts of the coordinate depart
ments Of the Government. II the Supreme
Court decides that IL has jurisdiction, 1t
has jurisdiction. If it decides thai it has
not JURISDICTION. 1t has not jurisdiction. 1t
is not worth while to argue question of
at sort. 1t is just as plain as the noon
DAY sun that the Executive and the LegiO-
Iative departments of the Government are
dominated by the Judicial. And vet If the
two departments thus arraigned at the bar
of athlrd choose to disobey or disregard the
mandates of the last-mentloned depart
ment, there would be no way Of enforcing
its judgments. so far as we can see. Gould
there be more important question:
Again: There are cases pending in the
Supreme Court of the United States which
involve the question whether that tribunal
has the right to go behind the records Of
Congress to ascertain whether bill be-
came q law II due form. There is also
case pending involving the constitution
atty of the new rule under which Speaker
REED during the last Congress counted o
quorum az present in the House of Repre-
sentatives whenever he chose 10 do so,
although call of the roll had just dis
closed the absence of quorum. We may
say as TO these cases. as well as in reference
to the SAYwARp case, that IL the Supreme
Court has theright to decide upon the con-
tentions involved in them IL Is superior TO
the other two departments. Far be ii from
ne TO contend that the rule Is constitutional
which empowers the Speaker to count
quorum as present when roll-call has just
disclosed the absence of quorum. All
that we maintain in this connection ia that
tho records of the two houses Of Congress
ought, like the records of the Supreme
Court OF the United States and those OF all
other codrts, to impart absolute verify.
Why may not the President OF Congress
overhaul the records of the Supreme
Court and decide that that court did not
proceed according to the Constitution and
the laws when it decided certain cases
Nay, Why may they not decide that the
Supreme Court has exceeded it's powers in
assuming jurisdiction in such and such
oasesp
There are other important cases pending
in the Supreme Court of the United States
which involve the foundation principles of
the republic. The McKIsLEY tariff bill is
to be- passed upon by that court. The
right OF Congress TO depute its legislative
functions to the President is to be decided.
No session of the Supreme Court more
important than the current one has ever
been held. Upon the decision of the ques-
tons we have mentioned and others will
depend the future of this country. Our
boasted free institutions are still upon
trial. We are inclined TO think that though
the Supreme Court is a Republican tri-
bunal. its decisions in the cases we have
referred to will be entitled to high respect.
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