Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1861-03-27

WEEMs -. !,
On. ava Cd, ssrssa, all VIZ npsi
sp sAss Il - Mssa4 Aaa'
. the following IN. ~ss the eaiy p
: ssacs, the Herald !. = Of AT. Lana
: that reviewed TIE pssisie. wazds the
10 taken in hts inaugural TO-. We
/ pFena CousE. We confess sha. y
Il grataasd 70 Gnd that tie seasiasnsa
pressed Id orr references 10 Mr.. Lincoln,
hastieai views Of the powers and funo-
siaas Of The sapsems Court sxs sabssan.
siaaly sts saaas - sssbsa III de- kulrsssoen.
ssr u our rsadess wili sss BY The psrusal
OF the Article we refer 10, which Ia ~ fol-
lows:
= vtom ssis xssIaaai lassirisssaasr. 3
From the argument OF the pgssidaas In
30 mqch of his Inaugural address rs re-
latss % tbs kanssioas and pEeviacs oil the
supreme Court, We need not say we en-
siraly dissent. Tbs argument L. ~ fol-
lows;
n DIP aps Eosges he pssiIssa assumed
I'd By some, that constitutional eues-
tions are to be decided by the Supreme
Coart, nor do | deny that such decisions
must be binding In any ease upon tbs par
ties 20 suit a. to the object Of that suit.
While they are also entitled TO q very high
respect and consideration In all parallel
cases BIZ al ashsr deparssnenss e. fta goy-
sFaa8ea1 and willie Il Ii obviously possi.
Ole that such deciaions may be erroneous
In any given ease, still the syil azfaus fol-
lowing 1t, being limited to shas asrtscuIsx
case, with tia shanse shat isu,sv b oyer
ra1ed and never become q prsoadsns for
othar eases, = be bestsr borne than eo'J
the ssiis OF sHiaerent practice. AZ the
sane sims ths eeadid sizissn zaauss asnfsss |
THAI, IL the policy OF the Government upon
vital questions affecting the whole peopia. 1
= to be irrevocably fixed by deoasions oil |
Supreme Court, the instant thev IRE made. |
In ordinary litigation between pargles ia |
personal actions, the people will hare
ceased to be their own rulers having 10 |
thai extsnb pxaetiSaliy Fmigmsd thesr gov |
eRnaient into the hands Of that eminent
tribunal, Nor 10 there In this view aay
assault upon the Court Of the judges. IL |
Ia aasy fruaa which they may not shriak
70 decide cases properly hfoughk before
shaIa and 1t Is no fsnlt Of theirs If Others /
ssek 10 turn THAR decisions 10 political /
pn6 pAaes.1 sssr- stes
II sesms to Us that this view proceeds
from confusion of ideas With regard 10
the place occupied by the saprasaa Court
in ear political system. The psople in
ordaining and establishing The Gonstisa-
ton of The United States chose Ia dfstrih- i
ute the powers conferred and defined byli
that instrument three several distinct and i
dspartmanss.-ths Executive.
The Legislative and Judicial. Whateysr
g done BIZ each Of shsss aepsxtnents,
witnlu sssscopeef 70 ccnstisatsonl prov.
lnce, Is done BY the Authority OF the pso-
pie; and as the people by the Constellation
Of the United States hare appointed that
'stha Judicial power shalt extend In alTl.
Eases, In Law and equity, arising undari
his constitution ftfollows thai the do.
slslens of shs Jadieiszy are - ssgly made
n The name OF the people when they DENY
- when they affirm the eonstisutionalisy
II measures passed BY the Legislative de-
oArtmeats q %. aaa4f + |;
And we hold that until q decision of the .
supreme Court, expressly deayiag any
rant OF power claimed 10 reside Ia the !
Soastiaatioa has been reversed by the
anne tribunal, any legislation Of Congress
n conformation Of sueh decision would !.
10 taken in opposition 10 the theory Of the !
Constellation and equally in opposition 70 !
he highest will of the people as express
d in the Constitution. To this extent !.
he people hare doubtless rsigned their !
"inso the hands, at that azai- !,
TENT tribunal, !" a. DIR. Madison Justly
aga, that such power must be deposited
omewhare, 1t is difhcnlt TO conceive hos
could be more Bisely placed It IL be I
aad taakoa tbs thsory the policy ID the !
'overamcut 10 In danger Of being fixed By | !
SESSIONS Of the Supreme Constitution, OF, :
vital questions concerning the whole peo-
le, J" we have bat 70 claim in behalf OF
be Judiciary the just rule prescribed BIZ
ar. Lincoln, when in denying the pgesena | Z
xistepee or future pxohAbilisy. &c anY !
Laid iaEF fractions 81 khs esnstiasssszaa. be o
aida tbs following language sSA- F$" 10
"Happily the human mind Ii 50 eousti. 3
ated that no party can reach to the al. Z
acity OF doing this. Think, II you can, a
1 single instance Ia which alpIainIyi C
Tritten provision Of the Consultation has
yer been denied. If, By tia mere force
numbers, 2 majority should deprive all
aiElorfsy Of ans constitutional night, il y,
aight, In moral point of yise, Justify
evolution would IL such .
lght were vital one. But such Ia nos 9
ar case. All the vital rights If miaoxi- .
"a and Of iadividaals are 10 kraaly as
arsd to them by aiRrmations and mega 4
ons, guarantees and prohibitions In the
Constitution, that our controversies ney-
+ arise concerning them 4
In questions al disputed coaassssassoa-l
lisy . majority Of the Supreme Court isI
le proper dnal aEbites. Ia .anestsoas OIL
ispasea sxpaaisAty alone, q nas5osfty &C : ;,
se people, speaking shxeagA Gsas-ess
nd under the Constitution, il the proper
nal arhiter. But no majority Of the lat
'rs hawsTar gFeaE, liz eoHapessns 10 over
dc . decision of the former. TO do sol n
20 create 9 sehism In our civil system. d
nd we have too long resisted the mis-
aieysae dogEass Of the .Danncsaey an-
ar this head, 20 look with aay moro COM
laceney upon them, because shsy hazel
zen equally sspoased by the Republicans
sas pssssaa day. We are eonkant tcI !
and Ia The old wsys, 4
HOTEL sax.L an ALnAEx.i