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He was considered the most learned and able of all the members of the judiciary, and his decisions were noted as much for their fearlessness as for their wisdom. But what was far more, he enjoyed a reputation for absolute integrity. Until now no breath of slander, no suspicion of corruption, had ever touched him. Even his enemies acknowledged that.
The manufacture and sale of patent medicines were attended with the grossest frauds. After showing at great length the deceptive and dangerous ingredients used in a large number of patent medicines, the Committee on the Judiciary of the House of Representatives went on in its report of February 6, 1849: "The public prints, without exception, published these promises and commendations.
There is a council of seven persons to advise the governor; a secretary of state, and a treasurer, all chosen by joint vote of the two houses at each session, for two years; and an attorney-general for four years, unless for certain reasons the term shall be altered. Judiciary. A supreme court, superior courts, courts of admiralty, and justices' courts.
Had the Constitution in so many words expressly declared that the Federal judiciary should have the power to annul state laws, or had it given this power to some other branch of the Federal government in accordance with some one of the suggestions above mentioned, and had it at the same time expressly withheld from the states the power to negative acts of Congress, there would have been no room for doubt that the general government was the final and exclusive judge in all cases of conflict between Federal and state authority.
Happily for the people of Great Britain, as well as those of the United States, the only mode by which an individual arraigned for a criminal offense before the courts of either can obtain his discharge is by the independent action of the judiciary and by proceedings equally familiar to the courts of both countries.
The Prussian consul at New Bedford in June, 1844, applied to Mr. Justice Story to carry into effect a decision made by him between the captain and crew of the Prussian ship Borussia, but the request was refused on the ground that without previous legislation by Congress the judiciary did not possess the power to give effect to this article of the treaty.
The newspapers will have shown the position of the bill now before the Senate for the repeal of the act of last session establishing a new judiciary system; and that the bill, when on its third reading, was, by the casting vote of the vice-president, referred to a select committee. This day notice has been given that a motion to discharge that committee will be made to-morrow.
The minority of the committee, consisting of James F. Wilson, who was chairman of the Judiciary Committee, Frederick E. Woodbridge, S. S. Marshall, and Charles R. Eldridge, maintained the doctrine that a civil officer under the Constitution of the United States was not liable to impeachment except for the commission of an indictable offence.
The evidence was taken by the Committee on the Judiciary, and it had special reference to the charges that had been made against President Johnson. At that time, the separation between Mr. Stanton and the President had become irreconcilable, but there are no indications of hostility in the answers given by the Secretary.
"Pardon me, my dear Sub-prefect, but you, too, should understand that I really plead your cause as well as my own, when I claim for the provinces, and for all the functions of provincial life, more independence, dignity, and grandeur. In the state to which these functions are reduced at present, the administration and the judiciary are equally stripped of power, prestige, and patronage.
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