In one circuit, the judges thinking it improper to act under this
statute in their judicial capacity, for the reason above-named,
consented from charitable motives to serve as “commissioners.”[27]
In the Pennsylvania circuit, the three judges wrote, in a letter to the
President, that “on a late painful occasion” they had held the law
invalid; and they now stated the matter to him, as being the person
charged with the duty of “taking care that the laws be faithfully
executed.” They assured him that while this judicial action of
disregarding an act of Congress had been necessary, it was far from
pleasant.
The judges of another circuit, before which no case had come, wrote a
similar letter to the President, declaring their reasons for thinking
the law invalid.
In this same year, 1792, the Pennsylvania case came regularly up to the
Supreme Court, and was argued there.[28] This might have produced a
decision, but none was ever given; and in the next year a change in the
statute provided relief for the pension claimants in another way.
It is to be remarked, then, that this matter resulted in no decision by
the Supreme Court of the United States on the question of the
constitutionality of the pension act; it produced only a decision at one
of the circuits, and informal expressions of opinion from most of the
judges.
These non-judicial communications of opinion to the President seem, as
has been said, to have proceeded on the theory of furnishing information
to one whose official duty it was to see that the fundamental law was
faithfully carried out; just as “Councils of Revision,” established by
the constitutions of Pennsylvania and Vermont, were to report
periodically as to infractions of the constitution.
Public-domain text, read in full here on John Shaqi.
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