Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
History
Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
The most signal service rendered by Mr. Buchanan in the 21st Congress,
as Chairman of the Judiciary Committee, was in a minority report made by
him on the 24th of January, 1831, upon a proposition to repeal the
twenty-fifth section of the judiciary act of 1789, which gave the
Supreme Court appellate jurisdiction, by writ of error to the State
courts, in cases where the Constitution, treaties, and laws of the
United States are drawn in question. A resolution to inquire into the
expediency of repealing this great organic law having been referred to
the committee, a majority of the committee made an elaborate report in
favor of the repeal, through Mr. Smith of South Carolina, accompanied by
a bill to effect the repeal. Mr. Buchanan’s counter-report, which had
the concurrence of two other members, caused the rejection of the bill,
by a vote of 138 to 51. I know of few constitutional discussions which
evince a more thorough knowledge or more accurate views of the nature of
our mixed system of Government than this report from the pen of Mr.
Buchanan. If it be said that the argument is now familiar to us, or that
it could have been drawn from various sources, let it be observed that
this document shows that Mr. Buchanan was, at this comparatively early
period of his life, a well-instructed constitutional jurist; and that
while no one could originate at that day any novel views of this
important subject, it was no small merit to be able to set forth clearly
and cogently the whole substance of such a topic. I think no apology is
needed for the insertion here of this valuable paper. It may be prefaced
by an extract from a letter of Mr. Buchanan’s youngest brother, George
W. Buchanan, which shows how it was received by the public in
Pennsylvania:
PITTSBURGH, February 4, 1831.
...... I have read with the highest degree of satisfaction your able
report from the minority of the Judiciary Committee. That document will
identify your name with the most important constitutional question which
has been presented to the consideration of Congress for many years. It
was looked for with much anxiety, and is now spoken of by politicians of
every party as a lucid and powerful appeal to the patriotism of
Congress. If the question was to be started, I am sincerely glad that it
has arisen while you occupied the chair of the Judiciary Committee......
HOUSE OF REPRESENTATIVES, January 24, 1831.
Public-domain text, read in full here on John Shaqi.
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