Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-03-14
LINCOLN AND rnE SUPREME

fade from the memory Of man. Nor ~ THIS
lsvIess sq.ris confined 10 The GInDISss, Pitt
1ursEs. aad ultra abolitionists. Itlesyens the
whole mass Of the Republican party. From
CEASE. the radical, 10 CAMERON, the " %eOnser-
vative.v they are an infected with The same
poison, differing only 10 the degree Of venom.
SEWARD holds, and openly announces, that
there is a lar Of political action higher than
the Constitution. LINCOLN has not de-
MED that afor veal OF woe, for life and for
des.h, he is a soldier OF the higher law" He
has avovsd in bis inaugural the enforcement
Of this sgregious radiealism, BY destroying the
authority OF the decisions of the Supreme
Court. which constitutes the last shelter of
southern u~nionists from the dangers Of the
0fusprsssible conflicts The Supreme Court
Of the United States was created and invested
bv the Constitution, with appellate jurisdiction
ain all matters arising under the Constitution,
treaties and laws Of the United States.n 1t
was designed, By the founders Of the Govern
msut. IS he highest and last srbiter OF all
Questions touching the construction Of The
Constitution, and tho various powers conferred
therein upon the yarious departments Of the
Government, whether eEecutire, legislative or
fsdiaaL. It is the tribunal Of last resort, and
its adiudicatons are not only {" entitled to high
respect and consideration, I" az stated BY Mr..
LINCOLN, but are absolutely binding, and ehsl-
Isnrs the obsdisnes, not only Of every good
citizen, but OF every other department
Of Government The position Of Ny. LIS
coin is. that the judicial is subordinate to
the legislative department Of the Federal
Govsrnnsut, and that its decisions, deliberate
" made, may be annulled BY the DEGREES Of
the legislative body. In other words, his posi-
ten is, that where the Supreme Court and
Congress nay differ as to the construction of
any clause OF the Constitution comforting
powers on Congress, the opinion OF the
latter must prevail, and the court must 90 to
the wall He would confer upon Congress the
right to determine what its own powers are.
Under his view Of the matter, there Is no limit
upon the powers Of Congress, except such as
they see ct to impose upon themselves. The
Constitution nav define, and the Supreme
Court may interpret, but it is for Congress
alone 20 say whether IL shall exercise, or re-
frsin from, any powers whatever. To expose
the radicslism os Mr.. LrscoLS, ana bis fol
lowers whe applaud bis sentiments, IT is only
necessary to cite one OF two authorities that
are conclusive, and OF unquestiouabls ortho-
6oxy, with those who are, par excellence,
termed conservatives. ALEXANDER HANuL-
Tos, adverting to the power conferred by the
Constitution OF 1857, upon the Supreme Court,
said: " II there are such things as political
sxionE, the prophecy Of the Judicial power Of
government being co-extensive with its leg
~slative, may Be ranked among the numbers
TFederalist No. sol. Again: "Ths courts q
iusiics arc to b. considered as The bulWarks Of
a Imiies COnsiifsfioa against legislative en-
eroadimszis.D Judge STORY, in commenting
upon the necessity Of a supreme Judicial tri-
bunsl to interpret, suthoritativsly, the Consti-
tuition and laws, and the powers derived there
from. says "Wbere there is no such depart
ment, the Government must either perish BY
its own imbecflity, or the other departments Of
government must usurp powers, for the pur-
pose Of commanding obedience, 10 the destruc-
ton Of liberty. The viii Of those who gov
ern, will become, under such circumstances,
absolute AID despotie and it is wholly imma-
terisl, whether power is vested In q single ~
rant, or in an assembly Of tyrants." In the
face Of such authorities, which might be null
tiplied indefinitely, Mr. LINCOLN and bis CGbi-
nj. TO whom this inaugural was submitted,
have asserted, and will permit a Black Re
publican majority in Congress to exercise q
powsr which the Supreme Court of the United
states has decided is not conferred on it BY the
Constitution.
The object Of Mr.. LINCOLN is obvious. He
wishes to destroy the binding force upon the
Government Of the bred Scott decision. This
important and famed decision had snatched
from The grasp Of the Blsek-Rspublicans one Of
the most potent weapons with which they bad
wsgsd their war against the South, to wit the
power OF excluding slavery from the Terrific
riss By congressional legislation. There was
but one node to avoid the overwhelming effect
OF this Judgment, rendered BY the highest ti
bunaI in the land. It was to storm the eitade
Of the Judiciary, Wrest its powers, and COME
them on the Legislative Department wherethel
held undisputed sway. Il was 10 obstacle t
them. that in doing this, they subverted th'
Constitution and 81 ugated one Of the eo-equa
branches Of The Government, ner that they
rendered the Government, in the language o.
Judgs Stony, ain its essence unsafe and unhi
for a free people, 50 far as the sacred char
ter Of our rights could be effected, they werr
stained with tie sin Of blood outlines" Il
their blind snimosity to this instrument, de
signed to secure protection and equality 70 th
STAKEHOLDER, they had, with ruthless hand, vr
tuaTy stricken out the provision for the rendi
tion Of fueftives, and blo.ted every line WhtcI
embalmed The saaednsss Of a State.
To raroffe the supreme Court was but a mis-
dsmssnor, when compared With former Of
fences. The crimes Of Republication are rank
and the perpetrators viii yet meet the rstriou
don they deserve.
TIE question that now concerns rs is
What position viii tie Union party Of the Dor
der slave States take ? II, as has been Plsus
fblv argued, they have placed The Union aboE
the rights and Institutions OF the South, vi
thew also place It above the Constitution ? ]
IL not vsrv obvious that they must sbando
one or the other? Under Mr.. LIEooLs's cor
stuetion. the will Of the Blsek-Rspubliea
Congress. is, in the words Of Judge sToR7
asbsoluts and despotic, and the GOvernmer
unsafe and unfit for a free people" III
usurpauon Of power BY a laEless majority
sgsipst whom The border slave States az
powsrless, has wrought the change which d
learned iuriss portrayed in such empbati
terms. Will they rsmsin IN The UBlon, an
spdesvor to restore The destroyed Consttl
Hop7 Vain Will be the effort. The hoio'
Of abolitionism has seized The sacred tempI
and closed every avenue to power, With g
devoted followers. The executive and lsgii
Istiye departments Of the Government are NJ
der the exclusive control Of the Black-RePui
Iieans, spd the judiciary stripped OF It's Hgh
fuI powers. Through what agency shall q
Constitution be restored ? VIII the Unionis
apply to The people, and procure a nation.
convention. They but prepare the shambi'
for their own bubebery.
Already have the Blsck-R epublieaDs snua'
toe Bloody banquet to which you invite ther
Some Of their leading organs have significant
stated that II such a body once assemble
fs three 5ffhs Representation Of slavery
Congrsss must BE- abolished, and the power
Congress TO abolish slavery in the District
Columbia be distinctly recognized, ana ID
other powers over The inter State traffic, mu
be conferred upon this body.
What a pitiable figure the border sla
states would cut in a convention assembl
-.sdsr such auspices, we leave to the imagin
tion Of our Union friendEto picture.
uuien with Blaek-RePubiesnisH, be
tile and malignant, unfsttsred by the bonds
Constitution, and unlimited By any prOhiI
lions Of power, be an evil Of great magnitut
a. ali must admit there is no other altern
tive for its avoidance than to unite our des
mics with those States that have placed {
Constitution Of our fathers upon an imperish
be basis, and now enjoy its wise provision
a. the paramount law Of the COnfeders
States Of America.