Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-01-06

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fo De unconsti tutfanal In the
Oh the Federal Constitution the
IzL tenure Of the Federal judges was
attacked BY the opponents Of centrali-
xation as dangerous to liberty even be-
yond the method Of their appointment.
Edmnnd Randclp, Of Virginia, suggest
ed taking from the President the pow
er Of nominating to the Judiciary of
f1ces, and limiting and defining the
judicial power. George Mason stat
ed az one Of his objections to the Con-
stitution that 1.-The judiciary of the
United States is SO constructed and ex-
tended as to absorb and destroy the
judiciaries of the several States; there
ty rendering laws as odious, intricate
and expensive, and justice as attain
able by great part Of the community
as in England; and enabling the rich
to Cypress and ruin the poor" Mr..
jefferson in 1922, only four years be-
fore his death, wrote to VIM. T. Barry:
I'VE already see the power, installed
for life, responsible to no authority,
flor impeachment is not even scare
crow,) advancing with noiseless, and
steady pace to the great object of con-
soiidation. The foundations are a.
ready deeply laid by their decisions for
| the annihilation Of constitutional State
rights, and the removal of everyteheck,
every counterpoise, to the ingtifing
lpower Of which themselves are to make
sovereign part. If ever this vast
country is brought under single gov
eminent, it will be one Of the most ex-
tensive corruption, Indifferent and in
capable of a wholesome care over so
wide spread of surface. This will not
be borne, and you will have to choose
between
| Reformation and Revolution
! If / know the spirit of this country, the
one or the other is inevitable. Before
the canker is become inveterate. be-
fore the venom has reached so much
OF the body polite as to get beyond
control, remedy should be applied. Let
the future appointment of judges be
| for four or six years and renewable by
| the President and Senate. This Will
bring their conduct at regular periods
under revision and probation, and may
| keep them in equipoise between the
general and special government. we
have erred in this point by copying Eng
land, where certainly it is good thing
i to have the judges independent OF the
King. But we have omitted to copy
their caution also, which makes Judge
removable on the address of both legis-
! Tive houses. That there should be
public functionaries independent Of the
nation. whatever may be their demerit,
/ is a solecism in republic of the first
order of absurdity and inconsistency.
Some justification Of the apparently
radical view held by these Virginians
as to the Federal judiciary is found in
its decisions. The assumption to itself
by the Supreme Court Of the right to
| act as ultimate arbiter of constitution
al Interpretation in the case of Mar
| bury VS. Madison was yiolatiye Of all
experience in the knowledge of men
trained under the English system of jur
! isprudence, for it involved the idea
| that mere court possessed the high
prerogatiye of Setting aside law en-
acted by the legislature and approved by
the executive The doctrine of "sov-
ereign power" enunciated by the Court
i in the Legal Tender Cases was char
aeterized by Mr.. Justice Field in his
dissenting opinion in these cases as one
which would, "if carried to its legiti-
mate conclusion, change the whole ma
| ture of our constitution and break
down the barriers which separate a
government of limited power from one
Of unlimited power"
A contemporary historian has said
Holding to a division of American
history into the periods of a struggle
Of factions from 1779 to 1916, strug-
gle of sections from 1920 to 1860, and a
struggle of classes since 1870, we shall
see that the Supreme Court has in ev-
cry instance thrown it's influence
! Against Popular Rights.
In the first era the Supreme Court was
SO violently Federal and partisan that
| two CT the judges were impeached for
packing juries. In the second era the
| Supreme Court decided that the black
man had no rights as citizen that a
white man was bound to consider. In
the thirdera the Supreme Court has al
ready cast its wavering voice in the
social struggle for the wealthy class"
Whatever may be thought of the gen.
eralization last stated in such broad
and emphatic terms, it cannot be gain
said that the Federal Court of last re-
SORT hs not considered, as did the Able
Sieyes, that constitutions could be
made in closet and fitted like
coat to the back" The unwritten Con-
stitution of the United States. which