Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1857-03-20
lpnchnurg 2'tr0tM.aM,
Friday Morning. March 10. 1891.


consiuers " as Tue. most peculiar a"u
tic feature, in the construction OF our American
Republics. that,having written Constitutions. the
Judiciary are charged with the duty ct passing
upon the validity of statute laws, OF determining
whether or not these latter are in conflict, or
consistent with the fundamental law. and pro.
nouneioe them nall and void. or legal and binding,
accordingly.
This feature, which so long as the Judiciary
is independent and honest. lie the great safeguard
of our institutions, which bestows upon them a
stability which they could no, know, il mere
legislative enactment expressing the will OF a
legislative majority were final and conclusive up
on the Courts is one which til the highest duty
Of every good citizen to reverence and uphold.
The decision Of the Supreme Court in the Dred
Scott case being. under the present condition OF
political parties. a runous blow TO one party
the Black Republican, is natural That their
bowls should be loud in proportion to the violence
with which they have been stricken. In the
Massachusetts, Legislature resolutions have been
offered and referred TO a committee Of enquiry
as to the expediency of nstructing their Sena-
tors and Repre- sen,atves in Congress to bring
forward some proposition for changing the Con-
Federal Judges elective by the people. The a.
vowed and undisgused object of such proceed
ing. should it be set on foot, would be to control
the complexion Of The Court, TO make il ad-
Just its decisions. not 10 the Constitution and the
Laws. according to the Judges oath OF Office.
but to the wishes of the numerical majority. The
Supreme Court is our Tribune of the People,
whose potential veto" stands between the rights
of the sectional minority and the faetious will of
a sectional party. not yet majority but boast
ing their hopes OF speedily becoming 80. 1t IS
gratifying to every good citizen to see that in
oil parts Of the country many are speaking out
and connseng the people to abide by the judg'
ment of the Court and we have great reason TO
hope that the good sense and calm reason OF
the more intelligent and less reckless of the
Black Republicans, themselves, will induce them to
abandon the idea of party based explicitly upon
tenets, unequiyoeally pronounced by the highest
tribunal of the patton to be unconstitutional.
There is another point Of view in which this
decision Of the Supreme Court assumes an impo-
sing attitude. apprehend that very made
quate conception has been generally entertained
Of the true relations TO the government and the
people Of this august tribunal. - quietly, 70
obscurely, has the Supreme Court discharged
its functions. that we have ceased to appreciate
its power, II not its dignity. When reference
has been made TO the government OF the United
States, men have been accustomed to think only
Of the Executive and the Legislative Depart
mens. As the more active branches of the gov
eminent and the fountains of patronage, they
have been the enclosures Of all eyes. It's doubt.
full whether, until tLe d ed Scott dpcision brought
them prominently before the word. more than
one in hundred of The reading public could have
repeated, off hand the names of the Supreme
judges Tbiie there would have been no hcsiia.
ton in answering the questions who is Presi
dent, who Vice President: who compose the
Cabinet; who he Virginia delegation in Con
gress: who are Ministers Mt The principal foreign
courts, &c, &cl Ye, by the constitution tho
Supreme Court is coordinate Department If
the government, with power higher than that of
either President or Congress-thc power OF say.
ing to both WE FORBID 1t should BE- a subject
for qualification that so conspicuous an opportu-
nifty has occurred for the Supreme Court to as
sert its high prerogative, aud manifest itself 10
the country in its sphere of peerless authority.
In the estimation of all good citizens that sphere
will be n shelter to its members from the storm
of abuse and detractop now raging through the
regions of Black Republicanism. They may
smile at the fury of bnfpd fanatcism, and the
vituperaton of men whose RESTS lance TO consti-
tutional authority shows them to be rebels against
our form Of government and enemies to the
country.