The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-12-24
The Radical. md the Supreme Court

The Supreme Court of the United
States is the last citadel of popular lib
erty. So long as the Supreme Court re-
mains pure, and its Judges are mtiu-
enced by conscientious convictions of
duty and right, no great wrong can fas-
ten itself upon the people. 1t was ex-
pressly designed by the trainers of the
constitution that the Supreme Court
should he above the reach of party
strife, its Judges not being dependent
upon the fluctuations of political senti-
msnt for the tenure Of their offices, and
therefore entirely free to render
impartial and unbiased opinions,
no matter what party interests
might be involved in the case presented
for their consideration. They hold
their offices for life, the phrase during
good behavior" having generally been
found a merely nominal restriction.
They have no need to cater to the pre-
vailing public sentiment, nor to mould
their ideas and opinions in accordance
with any party creed. They are under
no obligations to obey the nod of any
party leader, and the party lash has no
terrors for them. 1t is theirs to interpret
the constitution, to give effect to the
provisions of the fundamental law, and
TO say. even to the Lawmakers of the
nation, here your power ends; beyond
this limit you cannot go.
Under these circumstances it is not
TO he wondered at that the revolution
airy and in olerant party now control
ling the Legislative branch of the gov
ernment has grown restive under the
control exercised by the Supreme
Court. The radical revolutionists have
broken down every other barrier against
despotism which the Constitution
erects. They have usurped powers
which belonged not to them, nor even
to the popular majOrities which they
claim to represent. They have made,
one after another, the most dangerous
inroads upon the liberty of the
citizen; and have assumed to ex-
press supreme and unlimited con-
troll over the lives and fortunes OF
the people. Against these legisla-
tive encroachments, the Supreme Court
is the only legal barrier except an ap-
peal to arms, it is the last defense OF
popular freedom. 1t will surprise no
one, therefore, to learn that radical pol
iticians are NOW assailiug the Supreme
Court laboring to weaken the force OF
its opinions and destroy the reverence
for its decisions which all good citizens
mnst feel. The revolutionists who can
only accomplish their full purposes by
breaking down the respect for law which
is generally felt by the people, are
striving to attach the stigma of disloy-
atty to even the Supreme Court of the
United States. Referring to the recent
decision touching the illegality of mil
itary courts for the trial of civilians,
the Washington City Chronicle, edited
by the radical Clerk of the Senate, de-
nounces the Supreme Court as "a nestcf
treason,n and rails, in FoRNEY's most
approved style, against the majority OF
its Judges. The following special tel
egram was sent from Washington to the
Philadelphia Press and published In
that paper:
"A distinguished statesman, comment
ing upon the recent decision of the Su-
preme Court declaring military tribunals
unconstitutional, characterized 1t as
the tail of the Dred Scott serpent still
wiggling in the present generation
And it has done almost US much to bring
the Supreme Court into disrepute as
that great judicial outrage. That it
Will encourage treason and traitors all
over the South is generally apprehended.
There is profound sense OF shame that
this astounding and humiliating an
nouncement should be made to the
world through Mr.. Justice Davis. This
distinguished jurist was the trusted and
bosom friend of Mr.. Lincoln, and should
be among the most earnest guardians of
his name. He is the executor of his es-
tate, and received the high Office he
holds from his hands; and yet we now
nhd him standing near his grave, and
declaring, in effect, not only that this,
his own faithful friend and the nations
martyr President, was q felon and an
outlaw in his usurpations, but that even
the officers Of the Government who aided
IN furnishing his murderers are them
selves murderers for having done so.
ouch would seem to be an inexorable
sequence from the decision as reported"