Legislation: Federal Courts Act, 1789 (Passed)

[wxtransit]

Mr. Speaker,

I submit a petition to override the decision of the honorable member from New York City and Westchester's decision on the three-fourths amendment. As demonstrated by the resolve of not only the government, but also the Leader of the Opposition and a member of the honorable member from New York City and Westchester's own party, the National Assembly save for one would like to see this bill passed with this amendment added as a check for the people.

Mr. Speaker, I implore you to not allow the decision of one singular Deputy to nullify the unified decision of the rest of the Assembly, or we shall resort to such a tyrannical nature as of a monarchy. You must allow this amendment to be passed, or at least open a vote on the amendment, as it is clearly the will of the people to do so.

I yield the remainder of my time.

[_]

Mr. Speaker,

I concur with the Gentleman from Charlottesville and will support his petition to override the Gentleman from New York City & Westchester's opposition to the 3/4ths Amendment.  This situation is actually a perfect example of why this amendment should be added.   A clear majority of this Assembly is in support of the amendment, yet a single member is trying to oppose it's addition to the bill, the very same situation this amendment would be able to prevent.

I strongly urge my fellow deputies to join myself and the Gentleman from Charlottesville in overriding the decision on the amendment, and allowing the people to have a check on the Courts.

I yield.

[Unconditional Surrender Truman]

Mr. Speaker,

I concur with the opinion expressed by the gentleman from Charlottesville. There can be no liberty where the rule of law is not greater than the power of any man, and the rule of law shall rise or fall on the independence of the judiciary. The survival of our federal Union likewise requires that any dispute which may arise between the several States, or between the States and the federal power, be resolved according to the cool dictates of reason. The establishment of a federal Judiciary is, therefore, a welcome and expedient measure. It must also be observed, that no institution, however venerable, may be above the censure of the people. An unimpeachable court is as dangerous to the liberty of Americans as an unimpeachable king, and a despotism of the bench is no more desirable than a despotism of the throne. I therefore praise the goodly compromise offered by the gentleman from Charlottesville, to pass this legislation with amendment providing for the National Assembly to overturn rulings of the High Constitutional Court by a 3/4 majority of its members.

I vote that the Federal Courts Bill be passed, with the amendment proposed by Mr. Madison, and urge my fellow Whigs to follow so.

I yield my time to the chair.

[Lumine]

Debate having been closed, the Speaker call for a vote on the Madison Amendment. By a vote of 56 to 9, the Amendment passed.

National Assembly Vote:

Moving into the final vote, the result was 55 in favor, 7 opposed, three abstentions.

Senate and President:

After a brief debate in the Senate and with a 22-4 vote, the Federal Courts Act was ratified and signed into law by President Hancock.