Page:United States Reports, Volume 2.djvu/417

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HE Attorney General having moved for information, relative to the system of practice by which the Attornies [sic] and Counsellors of this court shall regulate themselves, and of The Circuit court for the district of Pennsylvania, (consisting of, and , Justices, and , District Judge) made the following representation, in a letter jointly addressed to the President of the United States, on the 18th of April, 1792.

“To you it officially belongs to “take care that the laws” of the United States “be faithfully executed.” Before you, therefore, we think it our duty to lay the sentiments, which, on a late painful occasion, governed us with regard to an act passed by the legislature of the union.

“The people of the United States have vested in Congress all legislative powers “granted in the constitution.”

“They have vested in one Supreme court, and in such inferior courts as the Congress shall establish, “the judicial power of the United States.”

“It is worthy of remark, that in Congress the whole legislative power of the United States is not vested. An important part of that power was exercised by the people themselves, when they “ordained and established the Constitution.”

“This Constitution is “the Supreme Law of the Land.” This supreme law “all judicial officers of the United States are bound, by oath or affirmation, to support.”

“It is a principle important to freedom, that in government, the judicial should be distinct from, and independent of, the legislative department. To this important principle the people of the United States, in forming their Constitution, have manifested the highest regard.

“They have placed their judicial power not in Congress, but in “courts.” They have ordained that the “Judges of those courts shall hold their offices during good behaviour,” and that “during their continuance in office, their salaries shall not be diminished.”

“Congress have lately passed an act, to regulate, among other things, “the claims to invalid pensions.”

“Upon due consideration, we have been unanimously of opinion, that, under this act, the Circuit court held for the Pennsylvania district could not proceed;

“1st. Because the business directed by this act is not of a judicial nature. It forms no part of the power vested by the Constitution in the courts of the United States; the Circuit court must, consequently, have proceeded without constitutional authority.

“2d. Because, if, upon that business, the court had proceeded, its judgements (for its opinions are its judgments) might, under the same act, have been revised and controuled by the legislature, and by an officer in the executive department. Such revision and controul we deemed radically inconsistent with the independence of that judicial power which is vested in the courts; and, consequently, with that  the