New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-11-27
TEE SUPREME CGUET AS A Pc
LITHCAL ARBlTEE.

denTl1d
dent snail proclaim hiI'efs ouee Ia, az J'o' VINO
profcsss thing today get oce sud another tootro"
to keep IT, But this uot enough e3a'n-,ig"a ~
nqo igof s AmsroqH Fsehafs voted Tia hey VIZ 70
the bss Of their ability discourage sid inp,do no duoh
81 slavery. They hold his to be a once ins ,ht ana dnJ
On this ground they have ch0sen Mt Lincoln President
As to tho slang ~hAng about SIR Lincoln ben. liar
and fool H. having argued against the GecioH being private
citizen he should conclude TO abide by IL, when he vs.
elected Chief MsgsTs.e, ED only Say Il Is the language
Of knayery and folly. As, the argument derived from The
popular vote Il Is thst Nj Lincoln constuiioDAy
elected By the Republicans bat il l. tio tue that no
lived little more than ossifd the popular vote Two to
The people otei arlinli him sud against his consne
ton the constituon ws' not bis defiance q the law
sad tho people both, somewhat too mach"
Remarks by The Tribune.
in order to proper understanding Of this
matter, let US see just what President Lincoln
does say. Here is the passage in his Inau-
raj which treats Of the subject:
81 DO not forget tie position siumel by acme, ths. cor'
ulions question. to be decided BY hs srpisme Court
do depy that such dscous must BE- biadIg n suy Gaze
upon the pare, 90 sut the obeg, Of hat ,u while
they are also eni,d 70 very high c.pcc and confederation IN
al parallel cases by s other departments Of tie Government
and while il is obyiou.y possible thai sash decision nay be
erraueous in any given case SILL tie Ell effect following
5ein limited that particular with the chsnco that
ira, BE- oys4rcd and become precedent for other
as-1 can better 10 borne thsa could the ss o different
practice A. The te, Tie cand4 citizen must eoie'i
that the policy Of tie GoveIrueui upon si qles.ious a.
f. ting n. whole people be s,ocab'y hlsd by the DO
cons the Supreme Court tie an, they arc inside 10 or
diaary litigation bosween psrtisl in peTfor' seio' S
Pee sRI hare he Ghey 1fief heFH9 q sA'f
atm practically rigas9 nsr Gareaa 'ai, ~ Alas' "
fi1i e1sinos' tribr'aL'
1t strikes us hat this is at once simple com
mon sense, sound constitutional Law, and old
fashioned RepubLcanism. What says Tie
1rppsf
Now for few Illustrations;
The II. s. Supreme Court, during Mr. J.
Q. Adams's Presidency, granted writ Of e.
ror 20 ne Supreme Court oi Georgia, ordering
a .tay ~ proceedings 10 The case Of one Tas-
sels. a Cherokee or Creek Indian, living on an
original Indian reservation entirely without go
tie Supreme Court said) the Jurisdiction Of
Georgia, whom her Courts had nevertheless
sentenced 10 he hung Tor the killing OF another
Iodian oi bis own tribe. IL was admitted that
this sentence was IN express violation OF sub
sistirg treaty between the Indians and the
United States; but Georgia declared her viii
20 be paramount TO that treaty. The Supreme
Court decided otherwise-tAat tie heaiy was
paramount. The authorities Of Georgia deded
tie mandate Of the C0ur. AMI huns the lrdan.
We believe 30 whisper o. dissent was uttered b.,
Tie Aygps, nor by any Journal Of Lie political
faith:
Again: The State OF Georgia seized severn!
- G
Indians. ard put them in prison on a charge
OF counterac.ing the efforts OF the Slate to IN
duce tie Indians to emigra.e. Tie mission-
aries sued out writ Of error, and the SUI
preme Court decided that they were unlawlGily
Imprisoned. the State having no jurisdiction,
over Indian Territories TO which the Indian
title had not YET been extinguisbed. The State
defed the Supreme Court, ard kept the Mis-
sionaries in prison. Gen. Jackson was applied
10 TO enforce The decision Of the Court, but
refused, saying, "JOhn Marshall has made his
:. decision: now let him enforce ii if he can :"
As we recoect, The Argus sustained Gen.
Jackson in thus humbling and multiplying the
Supreme Court. We thought, and still think,
Gen. Jackson was wrong--deplOrably wrong
in this, and that it was his simple duty to en-.
force the Courts decision. But we agree with
President Lincoln that this was tie extent of
his obligation; and that he was at perfect lib
eriy 10 deem the decision erroneous, TO vote so
at the polls, and to try to override il by legis-
lation or by filing vacancies on the bench of
that Court with judges who held different
opinion,
Sir. Lincoln was elected on grounds OF distinct
TO the extra judical giyings out Of the
Supreme Court 10 the case Of bred Scott; antag-
onism fully aud fairly ayowed by him and his sup
porters after the decision was promulgated. They
ave the country fully to understand that they
would not be bound, in their political action, by
those giyings out, after they had read and con-
4idered them. ii, then, Mr.. Lincoln, after being
elected distinctly as Republican, had turned
square about, saying, " shall acquiesce in the
:. Extension Of Slavery, in Difference TO what the
- Supreme Court said in the case Of bred
- Scott" be would have proved himself n dis
.embler, trickstcr, liar and fool. But he
never thought of doing so.
THE 1rgps argues that the bred Scott talk of
the Supreme Court is ratified by nearly two
thirds of the American People, because only two
ffths of them voted for Lincoln. But that does
not follow. Judge Curtis, who pronounced the
most caustic opinion dissenting from that Of the