Year: 1870

! tutional law warrant any such hypothesisf May not
! Congress commit an error has it not committed
errors without any such regardlessness And these,
before said are the cases of probable occurrence
| where the judicial power may be and is interposed
wisely and beneacially.


| The second disproof is the naked assertion and as
sumption that even if all these things could be, the
Judiciary is not the body to recfy the misdeeds of
Congress- Why mott The opposite assertion is not
ours but the assertion of the Constitution itself!
| The third ground taken is this


But II the exclusive right in Congress to judge and
determine the consttutonality OF Its acts would be
omnipotenoe what is that higher and more exclusive
the peoples substitute its there
for na supreme and irreversble The Congress are
gress represents the people and the Judges do not
Congress invested with the legislative sovereignty OF
the nation aud the Judges not and, must choose
between legislative competence and judicial omnipo
tence, am Tor that which springs from the fountain OF
OF the people choose in themselves by the
than doubtful title Of their own implication"


As to most of this rhodomontade. again we inter
pose a most decided negation. "The Congress" it is
said " is chosen by the people, and the Judges are
not On the contrary, aver that the Judges are
chosen by the people by fuller, larger more com
prehensive and yet concentrated voice, than is any
member of either House of Congress The repre-
sentative is chosen by the constituency only of the
district which elects him. and whether that district
shall comprehend greater or less number of con-
stituents depends on legislation. The Senator is
chosen by the Legislature of the State he repre-
sents. But the Judges of final resort nominated
by the President who is the representative, not of
any part. but of the whole nation; and in their APP
pointment the Senate the body representing all the
States, must concur by consenting majority, and
legislation affect their choice. As to the rest
of this utterance who does not know that the judi
oio 10 hall tI,a itutio hy ha
same right as is the legislative power; and, as it
only can be. is defined than that large and in
certain respects necessarily underlined and penary
powerf Thus, the revenue power is plenary has
no other bounds than to provide for the common
defense and general welfare of the United States"
and thus the last clause of the seventh section of the
first article of the Constitution is in these words:
"Tomake all laws which shall be necessary and proper
for carrying into execution the foregoing powers,
and all other powers vested by this Constitution in
the Government of the United States, or i'll any de-
partment or officer thereof"


The Senator closes his TRADE with an answer to
the objection, that IF Congress cannot be restrained
by the Judiciary then private rights have no protec
ton" What is his answeri Private rights find
many and as Jealous advocates in the Two Houses of
Congress as can be found elsewhere and are as safe
here from infraction they would be in other
hands, With no disposition to question the integ
rty of either House of Congress- conne ourselves
to saying that this is assertion by man of lit
tie public experience, and may properly be met by
the assertion of aman osas large public experience
that Of any other American citizen living or who has
ever lived We refer to Mr. Madison In the 4fth num-
Der of The Fcdralist, being a vindicatlOn of "the
powers proposed to be vested in the Constitution"
this language is The sober people of America
weary of the uetuatng policy which has directed
the public councils. They have seen. with regret and
with indignation, that suddeu changes and legisla
tive interferences in affecting personal rights
become jobs in the hands of entepriSng and inluen
tal speculators and to the more industrious
and less informed part of the community.
They have seen, too, that one legislative
interference is but the first link of long chain of
repetitions every subsequent interference being
naturally produced by the effects of the preceding"
These facts he states, suggested thorough reform
which will Danish speculations on public measures
inspire general prudence and industry and give q
regular course to the business Of society" What was
the contemplated reform' Not restriction of the
general powers of the Constitution to those in the
Articles Of Confederation as to revenue for the
powers are the same in their extent though widely
different in their operation. Not in an enumera-
ton of all the legislative powers for the very lam
guage of the Constitution was used because such





chimerical' What then must have been the con-
tempIated reformi Must it not have Leen beside
rejecting the limitation in the second article of the
Confederation. of powers expressly" delegaed-the
institution of a corrective, expounding Judicial
power which did not exist under the Confederation


We have traced successvely nearly all the remarks
of the Senator from Missouri this most important
topic in no clement spirit, for we think they are en-
titled to no clemency. This is proved by his remark
two days later: 1T must be understood that there
is Congress of the nation that welded the sorer-
eiqnty of the nation, and whose power could not be
sranged by the Supreme Court nor by any state au-
thority"


Had he been reading the story of LAGOON, or again
with Sindbad met with "a serpent of immeasurable
lengthf Why was he not reminded of the utter
folles of his delecaons by the distinct, discrimina
ting declaration of a much abler Senator, from
glorious, ever-lOyal Vermont:


Though willing to GO as far as the Senator from MIS-
souri, defending the political position OF Congress vet he
power to sit IN judgment upon the laws passed under
the Constitution to beyond what the liberty Of
any people could endure for any great length Of ume


To help out his case, the Senator remarks


From the ttudy OF English law it results in my Judg
ment that tho judicial power, granted by the Consttn
tOn contained authority TO declare an act OF the Ma
tonal legislature, claimed 10 have been passed III
pursuance Of Its powers, VOID for any cause Whatever


What, we ask, must be the sort of judgment that
comes to such result, when it is known to every
stndent of history that the English law could not
possibly have taught any reiatre result whateyerf


"In England the authority OF Parliament Is transcend
ont and has no bounds. a The validity Of an
act OF Parliament caunot be drawn in question by the
Judicial Department" Dallas. S1


To alright the nation with the hObgoblin, the
fearful omnpotence of the judicial power is paraded
before u.s. We ask the Senator these questions
Though occasionally abused by tyrannical excesses
toward individuals, has the judicial power of any
Government ever triumphed over the legislative
poweri and has not the legislative power in many,
oiIhnr rhn1n snnrIf N