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Updated: May 9, 2025
Against us are the executive; the judiciary; two out of three branches of the legislature; all the officers of the government; all who want to be officers; all timid men who prefer the calm of despotism to the boisterous sea of liberty; British merchants, and Americans trading on British capital; speculators and holders in the banks and public funds, a contrivance invented for the purposes of corruption, and for assimilating us in all things to the rotten as well as the sound parts of the British model.
But this was only the prelude to the real struggle. The nomination was referred to the Committee on the Judiciary, of which Senator Edmunds, of Vermont, was chairman. The latter was very much out of humor with the President, because he had fully expected that Judge Phelps, of his own State, was to receive the honor, and he did not take it kindly that the appointment should go to Illinois.
Last winter the party made the first aggressive move towards forcing the Judiciary Committee of the Assembly to report on the bill to give women votes by constitutional amendment. They succeeded in getting a motion made for the discharge of the committee, sixteen legislators voting for the women.
The members of the Judiciary Committee wore fresh waistcoats, pinks in their buttonholes, and a genial air and had not the least idea of granting the suffragists anything except a benignant hearing. The report of "ought not to pass" was a foregone conclusion.
It was a constant regret to Jefferson to the end of his life that the corrective measures taken by him and his party against the national courts had not included an amendment changing the life tenure of the judges to a definite period of years. The idea of a permanent Judiciary had been one of the results of the political struggle with Great Britain preceding the Revolution.
The secretary of state, attorney-general, and prosecutors of the pleas, are appointed by the governor and senate, for five years. Judiciary. A court of errors and appeals; a court of chancery; a prerogative court; a supreme court; circuit courts; and inferior courts. The court of errors and appeals consists of the chancellor, the justice of the supreme court, and six judges, or a majority of them.
Further, it is a maxim of the judiciary, from the beginning and now, that no statute should be refused effect unless clearly contrary to some provision of the constitution, unless the conflict is evident beyond a reasonable doubt. This is a maxim, a canon of interpretation, that courts always have in mind and apply in considering the question of the constitutionality of a statute.
Webster, believed on his oath and his honor an oath that was sacred and an honor that was stainless that the President had a lawful and Constitutional right to remove Mr. Stanton at the time and in the manner he did. Mr. Trumbull, whose legal ability had been attested by his assignment to the chairmanship of the Judiciary Committee, believed with Mr. Fessenden, as did Mr.
No subject can be more important than that of the judiciary, which you have again recommended to our consideration, and it shall receive our early and deliberate attention.
Their effect and object are to take away, from one, rights, property, and franchises, and to grant them to another. This is not the exercise of a legislative power. To justify the taking away of vested rights there must be a forfeiture, to adjudge upon and declare which is the proper province of the judiciary. Attainder and confiscation are acts of sovereign power, not acts of legislation.
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