Evansville daily journal. (Evansville, Ind.) 1863-1866, 1863-10-07
The Supremacy Of LaW---TIie COnsti-
tuti0nality Of the Measures Of the
Government.

| Before the rebellion the Democratic
Conventions regularly indorsed the de-
eisions of the Supreme Court as fnali4
y. They referred particularly to the
bred Scott decision Since the war, that
portion of the party which adheres ID
sympathy to its Southern leaders. has
pretended desire to save the Govern
ment IN all constitutional measures to.
put down the rebellion, but has regularly
pronounced all its measures unconstitu-
tionaL They have also introduced new
rule, totally subversive of the principles
and constitutional departments Of ss,r
government, 10 make the JauIc1ary rne
supreme legislative power, by holding
every law of Congress invalid until pass
ed upon and decided constitutional by
the Supreme Court,
To give effect to their denunciation of
every measure as unconstitutional, they
have assumed that the courts were i'm
peded by arbitrary authority, so that the
question of the constitutionality of these
acts of Congress could not be brought
before them. In the midst of the infa-
nous Democratic riot in New York, Gov
Seymour wanted the Government to sus-
Lend the draft until he could have the
constitutionality of the Conscription Act
pronounced upon by judicial decision.
The riot had been fostered by his as
sumption, and that of the Democratic
speakers who had harangued the mob
element in New Y ork, that this law was
unconstitutional Our Mr.. Pendleton
performed that part, and is as response
BILE for the crimes of that riot, as if his
own hand had welded the bludgeon upon
the defenseless, and applied the torch to
the dwellings of the poor, the asylum of
the orphan, and the plundered ware
houses.
But in the course of events all the
great measures of Congress have been
brought before the courts, and their con-
stitutionahty judicially pronounced upon.
The Conscripti0n Act, the Act making
Government notes of legal tender, the Act
for suspending the hdbeas corpus, and
the Presidents execution of the Act,
have all been brought before judicial tri-
bunals of high standing, and declined
constitutional; and the Supreme Court
Of the United States has unanimously
decided that territorial war exists, and
that in such a war the Government has
all the rights of war, and OF seizure and
confscation, according to the rules of
war, that it would have in case Of inva-
sion by any foreign enemyf
We deny that judicial decision is a
part of our legislation, or is requisite to
complete the enactment of law; or
that in time of public danger any man
has the right to denounce laws required
by the public safety as unconstitutional,
until they nave Deeu So GSCidSd D3--ss-
comPeteHt tribunal land so-.are all the
acts of the Government; and when
these acts are to save the Republic from
destruction by rebellion, none but trait
viii denonnce them as unconstitutional
until he has the authority of a compe-
tent tribunal
But TO the party which has affected
| scruples about the eonstitutionaGty of
the measures of the Government here is
the judicial evidence that they are con
stitutional; to the party that has made a
| principle of resolving that the decisions
! OF the Supreme Court are fnality, here
| is 4 fnality which covers AL the rights
of wars aud to the party which talks of
the supremacy of the Law, and .of the
sanctity Of the, Courts. here is tbs law
| and the sacred DECISION of the Courts.
Let fhese pareisa6s be as. Jealous aow
to assert the supremacy of thelaw over
| the ebelhon, as they haze been over the
Government, and they will wonderfully
improve the atmosphere Of the North,
and take, away from the rebellion It's
chief encouragement--E Gin. GGz.