The Continental Monthly, Vol. 4, No. 2, August, 1863: Devoted to Literature and National PolicyVarious
History
The Continental Monthly, Vol. 4, No. 2, August, 1863: Devoted to Literature and National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
In conformity with this recommendation of the Governor, the Legislature
passed a series of resolutions declaring that 'the Legislature is the
exclusive judge of the objects for which money shall be raised and
appropriated by its authority,' &c.; that the Legislature has no right
to 'levy or appropriate money for the purpose of executing the object of
a law, by them deemed repugnant to, or unauthorized by the
Constitution;' that the 'Supplemental (Union Bank) Bill is
unconstitutional;' that 'the bonds delivered by said bank, and by it
sold to Nicholas Biddle on the 18th August, 1838, are not binding upon
the State,' &c. (Acts of 1842, ch. 127.) But, unfortunately for these
positions, the Constitution of the State had deprived the Legislature of
all 'judicial power;' it had vested this power exclusively in 'the
courts;' it had, in the very case of all bonds of the State, required
and commanded the Legislature to designate the _courts_ in which such
cases should be decided; it had, by the act of 1833, passed in obedience
to the imperative mandate of the Constitution, referred all such cases
to the decision of the Court of Chancery, with appeal to the High Court
of Errors and Appeals; it had made their decision conclusive; it had
already appropriated the money, to pay _all such decrees_, and made it
the _duty_ of the Governor to command the Auditor to draw his warrant on
the Treasurer for payment: this was the constitution of the law when
these bonds were issued and sold in 1838--such was the _contract_ of the
State, in regard to which the Federal Constitution declares, 'no State
shall pass any law impairing the obligation of contracts'--which clause
has been uniformly held by all the Federal as well as State Courts, to
apply to contracts of a State--and yet, in flagrant defiance of the
highest duties and the most sacred obligations, the Legislature passed
these resolutions, to nullify the anticipated decisions of the court. We
have seen, however, that this executive and legislative usurpation
was ineffectual. The court stood firm, not a single judge
wavered, and, by a unanimous decree, reversed the legislative and
executive repudiation--vindicated the majesty of the law and the
Constitution--upheld the sacred cause of truth and justice--resisted the
popular frenzy, and defied the unprincipled demagogues by whom the
people of the State had been deceived and deluded. It was a noble
spectacle, when those three upright and fearless Judges, Sharkey,
Turner, and Trotter, entered the temple of justice, and declared to the
people, by whose ballots they were chosen, that the State was bound to
pay these bonds, and decreed accordingly. The same sublime scene was
reenacted by a similar decree, in a suit against the State, on one of
these bonds, by the same court, in 1853, then composed of different
judges--Smith, Yerger, and Fisher. And not one judge or chancellor of
the State ever wavered. Amid all this heaven-daring iniquity, thank
Public-domain text, read in full here on John Shaqi.
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