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Updated: May 31, 2025
That is to say, the person buying the goods of a trust may simply refuse to pay for them; and the constitutionality of this legislation has recently been sustained by a divided opinion in the Supreme Court of the United States. The possession or ownership of trust certificates is in some States made criminal.
The whole system was resisted from its inception by many of our ablest statesmen, some of whom doubted its constitutionality and its expediency, while others believed it was in all its branches a flagrant and dangerous infraction of the Constitution.
Some States provide for a jury of eight in criminal cases and for a verdict of three-quarters in civil cases a statute of questionable constitutionality. Very generally throughout the twenty years studied by us, the States have adopted stricter rules for the admission of attorneys at law to practise at the bar.
The work they had in hand to do was for the next fifteen years to be subordinate, so far as this country was concerned, to the solution of the terrible political problems which were first insistent on settlement; yet, as is now apparent, an initial movement was on foot which foreboded a revolution world-wide in its nature, and one in comparison with which the issues of slavery and American constitutionality became practically insignificant, in a word, local and passing incidents.
Johnson's plan of reconstruction, its flawless constitutionality, and so on. But being on the ground, I had before me the exhibition of its practical working, saw the oppression and excesses growing out of it, and in the face of these experiences even Mr. Hendricks's persuasive eloquence was powerless to convince me of its beneficence.
The constitutionality of the law was called into question on the following grounds: That it violated the prohibition against involuntary service; it denied the plaintiff in error the right of due process of law; that by laying a burden on the employee and no equivalent burden on the employer, the law denied to the plaintiff the constitutional right of equal protection of the laws.
"Both the constitutionality and the expediency of the law creating this bank," declared the President, "are well questioned by a large portion of our fellow-citizens; and it must be admitted by all that it has failed in the great end of establishing a uniform and sound currency." The first part of the statement was true, but the second was distinctly unfair.
The mob not only vouchsafed to us the privilege of talking to our friends without interruption, but delegations of their own came behind the scenes, from time to time, to discuss with us the right of free speech and the constitutionality of slavery.
The legislature showed its resentment by a set of resolutions, of which the parts material in this connection read thus: Whereas, John McPherson Berrien, Robert Walker, Young Gresham and Stephen W. Harris, judges of the Superior Court, did, on the 13th day of January, 1815, assemble themselves together in the city of Augusta, pretending to be in legal convention, and assuming to themselves ... the power to determine on the constitutionality of laws passed by the general assembly, and did declare certain acts of the legislature to be unconstitutional and void; and ... the extraordinary power of determining upon the constitutionality of acts of the state legislature, if yielded by the general assembly whilst it is not given by the constitution or laws of the state, would be an abandonment of the dearest rights and liberties of the people, which we, their representatives, are bound to guard and protect inviolate;
Nor can I withhold the remark that its advantages contrasted with a bank of the United States, apart from the fact that a bank was esteemed as obnoxious to the public sentiment as well on the score of expediency as of constitutionality, appeared to me to be striking and obvious.
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