The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1860-10-18
A Government OF the People euI,jesE
60 the Supreme Court.


The following we copy from the Cincin-
natl Daily Press, an independent paper:
jackson, the founder of the Democratic
party, declared that his official oath was to
support the Constitution as he understood it,
claiming an equal right with the judiciary
to interpret the plain letter Of an instru-
ment, SO plain and simple that any man of
common sense can understand il. He was
denounced as an usurper, a tyrant and a
traitor but the people sustained him, and
his position was the Democratic doctrine of
that day. Now factions, calling themselves
the ancient, time honored Democracy, pro-
fess to hold their political opinions subject
to the Supreme Court; and one of them has
a plank in its platform, declaring that its
great, distinctive, eternal principle, which is
to give the country peace forever from the
slavery agitation, is entirely subject 10
decision of the Supreme Court. There is
no party that dare denounce this surrender
of our Constitution and the popular branch
of the Government to an irresponsible tri-
bunal, chosen originally by partizan Pres
ident from the most INSCRIPTIONS and ser
viceable politicians, and holding their places
by life tenures. Is it possible that our boast
ed capacity of self-government and our
model Republic have eliminated in an IT.
responsibility oligarchy, the meanest in its or
igin and the most odious in its form that
ever existed
"The object of q written constitution is
that il may be fixed and positive in its
character, so as to be above the power of
any department of Government. To this
end it must be simple in its provisions, and
plain and precise in its language. Ours is
a model in that respect. The wayfaring
man, though a fool, need not err in its
meaning. 1t no more requires Supreme
Court to interpret it than to interpret the
! A, B, G. Legal questions arise in the ad-
ministration of laws, and when personal
| rights are at stake, persons have right to
! bring their cases before the Courts but
| Congress is not subordinate to the Supreme
Court in its legislation. Congress has the
| right to decide upon the constitutionality of
its own acts and its acts cannot come be-
fore the Court for revision except when in
dividual rights have been damaged so as to
make case for legal adjudication.
Then, if a difference arise between
| Congress and the Court as to the Constitu-
ton, which shall be supreme The depart
ment nearest to the people, or that entirely
removed from their control2 Which would
/ the genius of a Democratic Government
/ trust, the representatives of the people, who
are subject to their approval every two
years, and to their instructions always, or
a tribunal which is placed out of their reach,
by Executive appointment, for life Will
the people say they are not to be trusted
but must have an absolute power to rule
over them? Most certainly not. 1t is on
ly the desperate strife of reckless poll
ticians for office that calls on despotic pow
er to save the country There need be nc
question as to the constitutionality of poll
teal measures. 1t is only fraud that has
raised any but the people and their direct
representatives are the ultimate arbiters Of
the constitutionality of their acts. When
it becomes necessary to yield this right tc
absolute and irresponsible power, in any
shape, let us have a single despot, whose
neck can be cleaved at one stroke, instead
Of nine-headed oligarchy, enshrining judi
cal tyranny, the most hateful of all tyran-
Mes in the sanctity of the judicial ermine