The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1860-06-19

ALBERT LANCE, of Vigo.
FOR ATTORNEY GENERAL,
JAMES G. JONES, of Vanderburgh.
FOR REPORTER OF SUPREME COURT,
BENJAMIN HARRISON, of Marion.
FOR CLERK OF SUPREME COURT,
JOHN P. JONES, of Lagrange.
FOR SUPERINTENDENT OF PUBLIC INSTRUCTION,
MILES J. FLETCHER, of Putnam.
Democracy and the Supreme Court.
From the organization of the Democratic
party to the PRONUNCIATION of the bred Scott
decision, no one of its attributes was more
apparent than jealousy of the Executive and
Judicial branches of the Government. The
Judiciary were necessarily accused OF usurp-
ing power not legitimately belonging to
them, and Federalism, or a consolidated
government, was the especial terror, and in
voked the severest condemnation, of Jeffer-
son and his adherentS. In letter to Judge
Roane in 1919, Mr.. jefferson uses the fol-
lowing emphatic language We commend
it to the Guerilla editor of the Enquirer
In denying the right they (the Judges
of the Supreme Court usurp, of exclusively
explaining the Constitution, go further
than you do, if understand rightly in your
quotations from The Federatist, of an opin-
ion that the Judiciary is the last resort III
relation to the other departments of the Gov
eminent but not in relation TO the rights OF
the parties to the compact under which the
Judiciary is derived If this opinion be
sound, then, indeed, is. our Constitution
complete felo de Sc. For, intending to es-
tablish three departments, coordinate and
independent, that they might check and bal
ance one another, it has given, according to
this opinion, to one of them alone the right
to prescribe rules for the Government of the
other; and to that one too, which Is I'M
elected by and independent of the Nation
"The Constitution, on this hypothesis, is a
mere thing of wax in the hands of the Judi
ciary, which they may twist and shape into
any form they please. Itshould be remem-
bered as an d1iom Of eternal truth IN politics,
that lchdteper poaCer an any Government rs
Independent, is absolute also; in theory only
at first, while the spirit of the people is up,
but in practice as fast as that relaxes. In
dependence can be trusted no,vhere but Nth
the people in mass. They are inherently in
dependent of all but moral law"
In a letter written in 1920, to Mr. Jarvis,
he used the following language
"The Constitution has erected no such
single tribunal, knowing that, to whatever
hands confided, with the corruptions of time
and party, its members would become des-
pots 1t has more wisely made all the de-
partments eo-equal and co-sovere:gn within
themselves"
To Judge johnson he wrote, in 1923,
these striking words:
~ cannot lay down my pen without re-
curing to one of the subjects of my former
letter, foT, in truth, there is no danger ! ap-
prehend so much as the consolidation of our
Government by the noiseless and therefore
unalarming instrumentality of the Supreme
Court This is the form in achich Federal
ism noac arrays itself; and consolidation as
the present principle Of distinction betaceen
Republicans and pseudo Republicans butredt
FederaHsts."
In the celebrated controversy on the y
3. Bank, the Democratic party were forced
10 take direct issue with the Supreme
Court, which it did unhesitatingly and sue
cessfully. Yet the Guerilla of the Enquirer,
in speaking Of this matter, says the "U. S.
Supreme Court never declared the U. S.
Bank constitutional eTcept by sustaining
porations" We could safely rest our arf u
ment on the exception, for if it does not sus-
tain our position why is it quoted as an e.
cepGon. But we have other evidence to for
tify our point Mr. Benton, in speaking of
President Jacksons veto message, says:
"The President objected to the constttu-
tonahty of the bank, and argued against
the force of precedents in this case, and
against the applicability, and the decision Of
the Supreme Court in ats favor"
Mr.. Benton further states that the " deci-
sion t0as in the case Of the Maryland branch"
and proceeds to show the errors in the argu-
ment of the judges by which their decision
was sustained.
Gen1 Jackson, in his celebrated veto mes
sage, expressed the following sentiments:
1.-THE OPINION OF THE JUDGES HAS NO MORE
Authority OVER CONGRESS THAN THE oPIN-
Iox OF CONGRESS OVER THE JUDGES; and on
that point, THE PRESIDENT IS INDEPENDENT OF
BOTH The authority Of the Supreme Court
must not therefore, be permitted TO control
the Congress or the Erecutige, '0he'a acting IN
their Legislative capacities, but to hare only
SHch influence uS bt6 JO'tC " t'''I ''0'N'''''N
may deserOe.'
1t may be true that " Gen'l jackson is not
immaculate even in the eyes of democracy,
but dare the Enquirer assert, that he COM
United an error in opposing the decision OF
the court and breaking down the banks ?
We respectfully suggest that the editors pro-
per had better speak on this point The