My appointment appears to be received very well in this city. It will excite some feelings of envy towards me among the young members of the bar. My path, however, is very plain. It shall not alter my conduct or manner in any respect.
I am, in haste, your grateful and affectionate brother,
Geo. W. Buchanan.
The most signal service rendered by Mr. Buchanan in the 21st Congress, as Chairman of the Judiciary Committee, was in a minority report made by him on the 24th of January, 1831, upon a proposition to repeal the twenty-fifth section of the judiciary act of 1789, which gave the Supreme Court appellate jurisdiction, by writ of error to the State courts, in cases where the Constitution, treaties, and laws of the United States are drawn in question. A resolution to inquire into the expediency of repealing this great organic law having been referred to the committee, a majority of the committee made an elaborate report in favor of the repeal, through Mr. Smith of South Carolina, accompanied by a bill to effect the repeal. Mr. Buchanan’s counter-report, which had the concurrence of two other members, caused the rejection of the bill, by a vote of 138 to 51. I know of few constitutional discussions which evince a more thorough knowledge or more accurate views of the nature of our mixed system of Government than this report from the pen of Mr. Buchanan. If it be said that the argument is now familiar to us, or that it could have been drawn from various sources, let it be observed that this document shows that Mr. Buchanan was, at this comparatively early period of his life, a well-instructed constitutional jurist; and that while no one could originate at that day any novel views of this important subject, it was no small merit to be able to set forth clearly and cogently the whole substance of such a topic. I think no apology is needed for the insertion here of this valuable paper. It may be prefaced by an extract from a letter of Mr. Buchanan’s youngest brother, George W. Buchanan, which shows how it was received by the public in Pennsylvania:
Pittsburgh, February 4, 1831.
...... I have read with the highest degree of satisfaction your able report from the minority of the Judiciary Committee. That document will identify your name with the most important constitutional question which has been presented to the consideration of Congress for many years. It was looked for with much anxiety, and is now spoken of by politicians of every party as a lucid and powerful appeal to the patriotism of Congress. If the question was to be started, I am sincerely glad that it has arisen while you occupied the chair of the Judiciary Committee......
House of Representatives, January 24, 1831.
The Committee on the Judiciary, to which was referred a resolution of the House of Representatives of the 21st ultimo, instructing them “to inquire into the expediency of repealing or modifying the twenty-fifth section of an act entitled ‘An act to establish the judicial courts of the United States,’ passed the 24th September, 1789,” having made a report, accompanied by a bill to repeal the same, the minority of that committee, differing in opinion from their associates upon this important question, deem it to be their duty to submit to the House the following report:
The Constitution of the United States has conferred upon Congress certain enumerated powers, and expressly authorizes that body “to make all laws which shall be necessary and proper for carrying these powers into execution.” In the construction of this instrument, it has become an axiom, the truth of which cannot be controverted, that “the General Government, though limited as to its objects, is supreme with respect to those objects.”
The Constitution has also conferred upon the President, “by and with the advice and consent of the Senate, provided two-thirds of the Senators present concur,” the power to make treaties.