Inquiry Into the Origin and Course of Political Parties in the United StatesVan Buren, Martin
History
Inquiry Into the Origin and Course of Political Parties in the United States
Van Buren, Martin
Political parties -- United States
If this statement is not in all respects true, then I do injustice to
the Chief Justice and his associates, and the inferences I draw from it
are to be turned not only from them but against myself. But if the
matter, as described by the Chief Justice himself, stood in every
respect as I have here narrated, then I insist--and I cannot, I am very
sure, deceive myself in believing that every ingenuous mind, whatever
may be its political bias, will concur with me in the position--that the
course pursued by the Chief Justice and sanctioned by his associates
was exceptionable in the highest degree. With the Constitution before
them, it was entirely clear at the first introduction of the matter that
they had no original jurisdiction of the subject, and could not, under
any state of facts, comply with the application of the relator. The
course should therefore have been, and doubtless under ordinary
circumstances would have been, to direct the relator's counsel to
confine their argument to that preliminary point and at its close, with
the want of jurisdiction as apparent to the court as it proved to be, to
have discharged the rule. But if the court had for any reason thought it
desirable to hear the whole case, the same course should have been
pursued when it came to their decision, and the merits of the case
should have been left unacted upon. No end could be answered by an
unauthorized decision on the merits, other than to show to the inferior
tribunals what the Supreme Court would do if the case was brought before
it on appeal; and that was the design attributed to the Chief Justice by
Mr. Jefferson and severely reprobated. Such is not the way in which it
is admissible for superior tribunals to treat such subjects; but if it
could in any case be deemed excusable, it could never be so on an _ex
parte_ hearing. For myself I cannot, with equal and great respect for
the principal actors, help regarding the proceedings, from the granting
of the rule to show cause to the final decision, as exhibiting a
culpable want of courtesy on the part of one of the three great
departments of the Federal Government toward a coördinate member, at
least equal in dignity and power, greatly aggravated by the political
relations in which the President and the Chief Justice stood toward each
other, and by the temper of the times in which they occurred.
Public-domain text, read in full here on John Shaqi.
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