Year: 1868

ed to him to-day as If the country was
in the midst of a revolution.


Tho House had before it to-day a
proposition of a most extraordinary
character. 1t was proposed by one
act TO strip ten States of the little
authority left to them; to deprive the
Executive of its power, and now it WAS
proposed by this act virtually 10 rob
the Court in rendering this decision OF
Congress, which should be the highest
court of the nation. and in which there
were over hundred and sixty lawyers.


Mr.. Marshall declared that Of all the
revolutionary measures brought before
the last and present Congress, tending
to subvert and destroy the institutions
of the country, this was one of the
very gravest 1t was not only stri-
king a blow at, but subverting one OF
the coordinate branches of the gov
ernment. 1t had been theory of the
government that it was a government
of checks and balances, and that there
was no arbitrary power that could put
its foot upon the people and upon
other coordinate branches Of the gov
ernment.


1t was the assertion of an abso-
lutism which the people would repudi-
ate, unless they were willing to be
deprived of their liberties, and TO have
the institutions of their fathers tram
pied under foot. A more enormous
proposition had never been brought
before any deliberative body. The
very bringing forward Of such meas
ure was a plea Of guilty on the part Of
the majority in Congress, and q con
fession that its acts were unconstitu-
tional, and that, therefore, they were
unwilling to have them brought before
the great judicial tribunal Of the coun-
try. There was no power under the
Federal Constitution TO pass such a
law. 1t was a most palpable and
manifest usurpation, and il was not
safe for any party TO come forward
TO trample in the dust thGt great tri-
bunal, which had established such a
reputation under the lead Of the great
men who had presided in that body.


There was a reverence .or that tri-
bunal, for its justice, its learning, its
conservatism, its ability, its adherence
to the great principles Of the govern
ment, which would not permit any
Congress to trample on and crush il
out of existence for partisan purposes.
He appealed TO gentlemen not TO at
tempt 10 place their unhallowed feet
on the Supreme Court, an institution
which was deemed so important for
the preservation Of the checks and
balances of the government, and 50
absolutely necessary for the protection
of the rights Of citizens. If this law
was passed there would not be one of
the guards of the Constitution worth
one cent to the citizen.


Mr.. Bingham, of Ohio, desired TO
know whether the gentleman from l.
linois was not aware of the fact that
the bill reported from the Judiciary
Committee proposed no more than
was required by the original Judiciary
act of 1889, under the administration
Of Washington?


Mr. Marshall was not aware of the
fact and desired Mr.. Bingham TO read
the section of the law that he referred
to.


Mr.. Bingham read from the Judici-
ary act of 1889 the section declaring
that the Supreme Court of the United
States shall consist of Chief Justice,
and four Associate Justice, and four
Of whom shall constitute a quorum.


He argued that when all the mem
bers were present it would require
four to concur in a decision, which
would be two-thirds.


Mr.. Marshall declared that he had
great respect for the abilities of the
distinguished gentleman from Ohio,
but the claim he had now put forward
was one Of the most palpable and
shameful lodges ever attempted to be
imposed upon the House He was
astonished that that gentleman should
attempt to palm off the idea that there
was any analogy between the act of
1889 and the measure before the
House.


Mr.. Spalding, of Ohio, supported
the bill as reported from the judiciary
Committee. If he were qualified To
hold a seat on the bench Of the Su.
preme Court, and if he had that hon.
or, nothing would crafty him more
than the passage by Congress of this
measure. lie did not believe that one
Judge of that high tribunal would OBJ.
ject TO it. 1t relieved the Court OF
very great responsibility, aud itmade
the decision more satisfactory TO those
whom the decision affected. He OBJ
iected, however, TO the amendment
requiring that each justice should as.
sent TO the decision.


Mr.. Wilson, OF Iowa, moved to add
to the amendment reported from the
committee a proviso that, if any cir
cult or district court of the United
States should adiudge any act Of
Congress TO be unconstitutional or in.
valid, the Judgment, before any furth.
er proceeding were had upon it, shall
certified up to the Supreme Court Of
the United States, and shall be con
sidered therein, and if on considera-
ton thereof two-thirds Of the members
Of the Supreme Court shall not affirm
the judgment below, the Same shall
be declared and held reversed.


Mr.. Bingham said he would have
preferred the discussion to have been
carried on in a spirit different from
the partisan spirit exhibited bv the