Year: 1867

1t IS some time since the following promo.
siLions were framed, and a form of an orioi-
nal bill IN chancery under them devised
The same were also submitted to an eminent
jurist and afterwards communicated to
other persons The propositions are re-
garded as absolutely unanswerable, and as
showing irresistibly the faiiacy Of the nulli-
fieation and Secession theories of the rela-
tions between the States and the general
Government. Very likely the same ideas
have been expressed by others much earlier
IN point Of issue, and much better in point
of form, but possibly the present statement
may not be without utility.


PROPOSITIONS.


l. The supreme power of definition and
Interpretation is vested in the Supreme
Court of the United States.


2. This power IS beyond the reach Of the
legislative and executive departments Of the
Government.


Those departments cannot have autho-
rity to make any conclusive declaration Of
the existence, or any conclusive definition of
the nature or extent of even their own pow
ers; nor any conclusive Interpretation Of
any article, section, sentence or word Of The
Constitution. The Judiciary alone have that
power. Subject thereto, legislative and
executive declarations, definitions and in
terpretations may be made by those depart
ments.


4 AS court of chancery, the Supreme
Court has inherent authority, without anv
legislative action whatsoever, to establish
rules and cause proceedings for the preser-
vation of its own existence and dignity. and
within its original jurisdiction, to devise
and enforce remedies in cases where rirhts
exist and are invaded, and the law has not
provided adequate remedies. The court
cannot create right, but it will not permit
a right to be invaded for want of a remedy.


5. The legislative and executive depart
ments of the Government have as little au-
thority to impose conditions on and restric-
tiOns of the inherent powers of the court, as
they have to invade the powers themselves.


g. OF foreign affairs, the judiciary are in
formed by the foreign department of the
Government; but, of the internal affairs of
the country, they will take cognizauee with
out proof.


Z. The several States NAV maintain origi-
nal bills in chancery in the Supreme Court
of the United States, for a declaration Of
any constitutional right which is invaded or
threatened under color of a denial of It's ex
istence or extent and for such further or
other relief as the nature of the case may
require. A decree declaring and defining
such a right would be binding on all depart
ments and officers Of the Government, iu-
cludIDg the OthceTS OF the army and navy.


Either the powers of the Supreme Court
of the United States have this extent or,
practically, the President and the Congress
are the masters of the Court; and the Court
exercises its supposed powers subject to
such limitations, restrictions, and conditions
as the Executive or the Legislature may see
fit to Impose.


The Court will continue to admit the su-
premacy of the Congress to legislate, and Of
the President to execute but it must yindi-
cate its judicial supremacy or see its powers
usurped The absTrdity of leaving great
constitutional questions to be determined in
the course of private litigation is beyond de-
scription The gigantic war through which
the country has just passed, must mark
new era in its judicial as well as its political
history The Supreme Court of the United
States will come to be egardedathrOughout
the civilized world as the most august and
powerful judicial body ever organized, or as
merely a very high court Of appeals for the
final settlement Of private controversies 1t
must be more than the house of lords, or less.
It may be compelled to undergo the ordeal
of the burning, fiery furnace but if so, may
the Eternal God Of Justice grant it deliv-
erance without the smell Of fire upon its
garments. Z. Z. b.


Chicago, April 4, 1867.