914 Slide – American State Trials 1918 Volume X Leo Frank Document

874 X. AMERICAN STATE TRIALS.

of the United States, and they decided that the statute was
not unconstitutional, and their decision was acquiesced in.

I have seen a report of a case (Kamper v. Hawkins) de-
cided in 1793, in the general court of this commonwealth, re-
specting the constitutionality of a law which gave the dis-
triet courts a power of granting injunctions in certain cases,
in which case the judges of the general court (four to one)
determined that the law was unconstitutional and void. On
yesterday I saw the record of another case, in the Court of
Appeals of this commonwealth (in 1788), on which it appears
that the general assembly passed ‘‘An act to establish dis-
trict courts,” and the judges (ten being present), adjudged
‘that the Constitution and the said act were in opposition,
and could not exist together, and that the court ought not to
do anything officially in the exeeution of an act, which ap-
peared to be contrary to the spirit of the Constitution.””? I
also observed, that the then governor, Mr. Edmund Randolph,
immediately on this decision called the general assembly by
proclamation; and I have been informed that they altered
the law according to the opinion of the court.

From these two decisions, in the two highest courts of
justice in this state, I may fairly conclude, that, at that
period, it was thought that the courts of justice were the
proper judicature to determine the constitutionality of the
laws of this commonwealth, It is now contended, that the
constitutionality of the laws of Congress should be submitted
to the decision of a petit jury. May I ask, whence this
ehange of opinion? I declare that the doctrine is entirely
novel to me, and that I never heard of it before my arrival
in this city, It appears to me to be not only new, but very
absurd and dangerous, in direct opposition to, and a breach
of the Constitution. And I wish thosa who maintain this
doctrine, and have sworn to support the Constitution, con-
scientiously to reconsider their opinions with a calm and de-
liberate temper, and with minds disposed to find the truth,
and to alter their opinion if convinced of their error.

It must be evident, that decisions in the district or circuit