Holmes

vs. Walton, New Jersey. This seems to have been the first instance of an American court’s a uming the authority to pronounce upon the constitutionality of an act of the Legislature. The Legislature of New Jersey had, in 1779, pa ed an act making lawful a trial before a jury of six men. In the case of Holmes vs. Walton; the constitutionality of this act was questioned, and upon its being decided unconstitutional by the Court of Appeals, the act was repealed and a constitutional jury of twelve men substituted. ‘ Holt, Joseph, born in Kentucky in 1807, was appointed by President Buchanan Commi ioner of Patents in 1857, and Postmaster-General in 1859, and succeeded John B. Floyd as Secretary of War in 1860. Although previously a Democrat he supported the administration of President Lincoln, who appointed him judge advocate of the army. In 1865 he was brevetted major-general U. S. A. for services in bureau of military justice. Died 1894. 341