Page:The Supreme Court in United States History vol 1.djvu/99

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THE FIRST COURT AND THE CIRCUITS
73

and expressed the hope that they might hold unconstitutional other Federal legislation:

A correspondent remarks that the late decision of the Judges of the United States in the Circuit Court of Pennsylvania, declaring an act of the present session of Congress, unconstitutional, must be matter of high gratification to every republican and friend of liberty; since it assures the people of ample protection to their constitutional rights and privileges against any attempt of Legislative or Executive oppression. And whilst we view the exercise of this noble prerogative of the Judges in the hands of such able, wise and independent men as compose the present Judiciary of the United States, it affords a just hope that not only future encroachments will be prevented, but also that any existing law of Congress which may be supposed to trench upon the constitutional rights of individuals or of States, will, at convenient seasons, undergo a revision; particularly that for establishing a National Bank; which being an incorporation and exclusive charter of privileges, violative, as it is conceived, of the independent rights and sovereignty of the States, is deemed by many of the enlightened citizens of America to be repugnant to the spirit, meaning and letter of the Constitution, and is regarded as a mere State engine of ministerial contrivance, on the pretence to aid fiscal operations, but in reality, to introduce placemen, pensioners, corruption, venality and intrigue into Congress; of the happy effects of which let those who see, speak.

The General Advertiser, owned in Philadelphia by Benjamin F. Bache and strongly hostile to the Federal Party, said:

Never was the word "impeachment" so hackneyed, as it has been since the spirited sentence passed by our Judges on an unconstitutional law. The high-fliers in and out of Congress, and the very humblest of their humble retainers, talk of nothing but impeachment! impeachment! impeachment! As if, forsooth. Congress were wrapped up in the cloak of the infallibility which has been torn from the shoulders of the Pope; and that it was damnable heresy