Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-01-28

MONDAY MORNING. January %. 1883.
SUPREME COURT.

the proper authority Of the Supreme Court. we
stated, then, that we foresaw that an attack was
about to be commenced upon this venerable tr''
bunal-so pure and spotless, SO Trustworthy anu
so e1aIted-more determined than any that had
hitherto been made. Was about to be connene'
ed, did we say? Nay! it had already been be-
gun. The authority Of the Court had but re-
Gently been derided OIL the aoor Ut Congress-
the doctrine had but few days before been pro-
claimed that the popular will ought to be para
mount, even in matters of law, to the solemn
decisions Of the judiciary! and Congress was
called upon, by vote, to settle this doctrine.
We e1horted, therefore. the good and honest
men of all parties to rally with Us around the
standard of the Constitution in support Of the
Palladium of our Liberty: for such do we consi.
der the supreme Court Of the United States.
President Jackson. by the outrageous doctrines
which he promulgated in the Veto Message, did
much to turn the popular current against the Ju.
dietary. The people naturally are Jealous OF
the power Of the JuJses-because they exercise
their high functions unbiased by the opinions or
wishes Of the multitude. II only required, there
fore, the authority Of the President to turn this
jealousy into settled opposition. This, we
perceive, has been effected. Strange to tell, too,
among the prominent articles in the new tangled
creed of state rights, which has but recently
been set up 10 the South, we find this opposition
to the Supreme Court included.
Georgia nuifes the dec isions Of the Supreme
Court-South Carolina nuli6es the 25,h section
of the Judiciary Act.-President Jackson declares
that he is not bound by his oath to administer the
laws on any other principle than as he under
stands lhem--polticIans say that the will OF the
peuple-the vox popuii-must take the Precrs-
ence OF judicial opaions-and, finally, thePIess
is in some instances induced to join in the attack
against this purest branch OF the Government.
What will be the result Of ali this, if there are
not as equally great exertions made on the 9th
er sides We who are nov on the stage Of &C.
tiou NAV, unless these efforts are arrested, live
to see the high character Of the American Judi.
ciary Frustrated, and the places OF Marshall,
Story, and their incorruptible associates, filled
b, the minions of power, the parasites OF great
nen-the fawners upon popular favor. The bare
,une mplation Of a result so disastrous. ought to
awaken the feelings Of every lover OF his coun.
t,y aud ens, his hearty CO operation in the work
which We express our willingness to engage in.
In this great struggle for the preservation of
Constitutional Liberty, and the continuance OF
our ancient institutions, we congratulate our.
selves that ,here are many already taking their
ground with manly 6rmness. We are pleased
to find among this number the Norfolk Herald.
that old and faithful sentinel Of Freedom. We
copy, as opposite to the subject, the following
remarks from the last number Of that paper that
we have received:
The discussions which have been produced by
The unhappy stand taken by the State of South
Carolina have elected some strange views and
ideas Of the Constitution and OF our political
system. Take for example the following speci-
mems:
In the debate on the bill to refund to the heirs
of Matthew Lyon the fiIe exacted fOm him un.
der the Sediuon Law. which took place in the
House Of Representatives, on the l2lh instant.
Mr.. Wilde Of Georgia said:
"The Sedlt,on Law had been pronounced BY
the ultimate and most solemn tribunal, he meant
by the judgment Of the People Of the Union
themselves, TO be unconstitutional; this was 81.
perior to the judgment of any Court; and to this
tribunal lay the last appeal
And Mr.. Davis of South Carolina said
In point OF fact, the Supreme Court never
had, a. such, decided that the SedIton Law was
constitutional Though It would have been Of lit.
lie consequence if they had.) The decision
had been made only by some Of the Judges on
the circuit.
"The Court, as an appellate tribunal. never
had given such decision. But il they had, the
People of the Union had reversed the decision
bath of the Circuit Courts, the President Of the
United States, and both Houses of Congress;
and who dared TO reverse the law SINGER"
This is strange doctrine to US. The people
may indeed, b. the simple operations Of the bal
lot box, repeal a law whether unconstitutional or
other wise, if it is found injurious 10 their liber
ties or their interest,"; butt is the first time that
we ever heard it assumed that such repeal deci-
ded any question that might have been made
touching the constitutonaIity of the law SO re.
pesIed. The people having appointed a tribunal