The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1860-08-30

one-sided article In the Journal, in relation
TO the decision OF the Supreme Court 10 to
the effect OF the Appraisement Law passed
nj the recent session OF the Legislature, the
object OF the article evidently being to bring
The decision of the Court, and indirectly the
| Republican party who have elected the Court,
into contempt, by creating the impression
that the decision is nequituble and unneces-
sarily harsh.
Ii will be recollected that the Journal and
ite party are committed Internationally to the
support OF the decisions of the Supremo
Court Of the United States, and why, at the
same time, they are found attacking the de-
eisions of their own State Courts-even when
those decisions were made with view to
sustain and enforce the decisions of the Su-
preme Court of the United States-does not
appear to the apprehension OF an ordinary
observer.
The history of the recent Appraisement
Law may be summed up in few words.
The Republican party in Iowa have manifest
ed as much feeling for the unfortunate con.
dition of the debtors as any party; aRepub-
lican Legislature through Republican infu-
euce, passed the law, and Republican su-
preme Court has decided that, with refer
ence to past contracts only, it is void; and
if Lexis knew as much about law as his
signature would imply, he would know that,
for them to have decided any other way,
would have been contrary to the powers yes.
ted in them, for the following reasons:
1t is the business of the Legislature of a
State to make laws, and Of the Courts to
eonstrue the laws when they are made; Ii 10
likewise the business of the Supreme Court
of the United States to decide questions
arising under the Constitution Lars and
Treaties of the United States II is limited
to questions arising under these clrcumstan.
ces; but when questions do arise in this
manner, tho decision of the United States
Supreme Court is supreme and absolute, and
all inferior tribunals must conform to it, and
the Supreme Court Of the State OF Iowa is
the United States, in reference only to all
such questions as may arise under the Con-
stitution Laws, Or Treaties Of the United
States.
The question of the Constitutionality of
the Appraisement Law, arises under that
clause of the Constitution of the United States
which forbids any State to pass any er post
faeto law, or Law impairiDg the obligation of
contracts.
Now, had our Supreme Court been left the
exercise of any discretion in the matter, they
might have decided the Appraisement Law
not to be in conflict with the Constitution Of
the United States; but they were not left the
exercise of any discretion whatever, unless it
were to decide contrary to the decision OF
the Supreme Court of the United States on
question OF United States law, In course OF
action which the Journal loudly denounced
in the Supreme Bench of Wisconsin, in refer.
ence to the fugitive slave Law, J in which case
the question would have been Immediately
carried up and their decision reversed. The
course prescribed for them was entirely ar
btrhry, for in an exactly similar case, the
Supreme Court Of the United States have
long ago decided as follows
"A Law Of the State of Illinois providing
that sale shall not be made of property
levied on under an execution, unless it would
bring wo.tbirds of its valuation according
to the appraisement Of three house-holders,
was held, as regards contracts made prior to
its passage, unconstitutional" q Towards
/ Reports 60s,6l2). This decision is unques-
toned it was made With reference to that
/ clause of the United States Constitution to
which We have alluded, and all that our So.
prems Court could legally do, was to quietly
acoaiesce in the decision which they did.
II any Court has given to Shylock bis
pound of flesh, it has been that Court for
which our Democratic friends profess such
high respect and profound veneration. Tbs
Republican Legislature of Iowa passed ar
in the hope that it could be made to meet ex
listing financial difficulties /; the question i,
carried to our Supreme Court, and they fnt
that, no matter what their own opinions o.
the Constitution may be, they are bound, il
law, to support and carry out decision Of
Democratic United States Supreme Court
end orsed in the platform Of the Democrat
party, and which decision, it has been vel
said, works as injuriously TO the creditor a
to the debtor-and ruinously TO both.
WIDE AWAKE.