The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1860-06-21
Democracy and the Supreme COur'
Amin.

Democracy and the Supreme Court
Again.
We feel sorry for the Enquirer, in its pit
liable efforts to extricate itself from the di-
lemma in which its Guerrilla editor has
placed it. A hydrophobic dog, with his
nose suddenly plunged into cold water
would not have more violent contortions
and spasms, than our quotations from Jeffer-
son, Jackson, and Benton, relative to the
Democracy and the Supreme Court, have oc
casioned that paper. The Guerrilla, being
granted unguarded use fits columns inject
ed a dose of Federalism into the paper that is
likely to produce serious illness both on
the part of its editors and readers. But,
while we commiserate the condition of our
contemporary, it must pardon us if we
compel it to face the record.
The Guerrilla made a violent assault on
Judge DeBruler for simply Directing to
obeying an extra-judicial opinion of the
Supreme Court. We replied, by insisting
that the Democratic party, almost through
out its whole history, had been at issue
with the Supreme Court. This the Enquirer
denied. We sustained our point, by quot
ing from the writings of Jefferson, Jackson
and Benton. Instead of offering rebutting
testimony, the editors simply resort to denial
again. That species of argument will not
answer. A person, with the Guerrilla 5
reputation for sophistry, ought to help the
editors proper to something more ingenious
than that. While the conductors of the
Enquirer may be very good expounders of
democracy, they have hardly attained a po-
sition in the party that will make their
mere assertions on controverted points hold
good against the written opinions Of such
men as Jefferson, Jackson, and Benton.
ave maintain say these selfconsti-
tuted democratic expounders-" that the
Supreme Court never did decide upon the
constitutionality of the National Bank" -
Why, then, we ask, did Thos Benton and
General jackson say it had. Mr.. Benton
asserts that the President Jackson in his
veto message) " objected to the constitu-
tionality Of the Bank, and argued against
Tue ueCtotoH " thO houpAe COuII III IT'S Id
vor = and that " the decision was in the
case of the Maryland branch"
Gen. jackson, i'll his veto message, says
% The authority Of The Supreme Court must
not, therefore, be permitted TO control the
Congress or the ErecutiUe, achen acting ia
their Legislature capacities, but 10 hare only
such influence as the force Of their reasoning
may deserve" If the authority of the SUI
preme Court cannot control Congress or the
Executive-co-ordinate branches of the gen.
eral government-with what justice can il
be urged as controlling q Common Pleas
Judge, who is subordinate to several Other
Courts before his case ever reaches the Su-
preme Court?
We leave it to all fair minded men if we
have not forced the Enquirer to that position
where justice directs it to either apologize
to Judge DeBruler, for permitting IA con-
temptible personal assault on him through
its columns, or acknowledge that the terms
Executive traitor" sapient President,
can be applied to General jackson with the
same propriety, as Judicial traitor" % sa-
pient Judge " can be directed against Judge
DeBruler. The latter did not take near as
strong ground against the bred Scott decis-
ion as the former took against the decision
recognizing the constitutionalty of the
National Bank