Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-12-22

tics, and are expected to be men who will
not allow considerations of party politics
to enter into any Of their rdecisiOns. It is
their duty, in deciding questions Involving
constitutional considerations, TO decide ac-
cording to the spirit aud the Letter of the
Constitution, however such decision may
affect parties. They must not know parties.
II Congress shall pass law and its cvnsti-
tutionality is schalleDged IN the Supreme
Court of the United States, it is for that
Court to decide as to the constltutlonality
Of the law, In part, for this purpose was
the Court instituted; and Its adjudica-
tions have been looked upon as final. Az
we expected would be the case, the recent
decision of the Court pronouncing uncon-
stitutional military commissions to try
civilians, is not satisfactory to the Radicals,
and they have commenced an assault upon
the Court, with view to create In the mind
Of the public contempt for its decisions,
so that Radical Congress may proceed in
their revolutionary work without molesta-
I~-tion. a.tial pe.
The Washington Chronicle, edited by the
Clerk of the United States Senate, has de-
voted leader to the denunciation and dis
paragemento of the Supreme Court. Among
other things, the Court is characterized las
a nest of treason" In furtherance OF this
despicable purpose, the following was tele-
graphed from Washington to FoRNEY's
Press:
"a distinguished statesman, comment
ing upon the recent decision of the SUI
preme Court declaring military tribunals
Unconstitutional, characterized it as the
tail OF the Dred Scott serpent still wiggllng
In the present generation And 1t has
done almost IA much to bring the Supreme
Court into disrepute as that great Judicial
outrage. Tnat it will encourage treason
and traitors all over the South is generally
apprehended. There is a profound sense
OF shame that this astounding and humil-
iating announcement should be made to
tue 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 hi
fame. He is the executor of his estate, and
received the high office he holds from his
hands; and yet we now find him standing
over MS grave, aud declaring, in effect, not
only that this, his own faithful friend and
the nations martyr President, was felon
and an outlaw ia his usurpations, but that
even the officers of the Government VINO
aided in Furnishing his murderers are them
selves mur,lerers for having done so. Such
would seem to be an inexOrable sequence
from the decision as reported"
Nor is this all. The New York Herald,
perhaps the most unprincipled and menda-
cious publication in the country, has raised
It's voice against the Supreme Court. 1t
starts out with the admission that 'this de- |
cision is the law from the final judicial tri- |
bunal of the country, and it must be so rec
oguized." But it is not satisfied-is not |
content that the matter should be permitted |
to rest here. In its estimation the Court
needs the attention of Congress. And such
a CongressI Says the Herald: But let us
suppose that n majority OF the Supreme
Court are men established in the old Dem
ocratic theory of the Constitution, which
eliminated in the Dred Scott decision
surely there is reason for Congress to look
well to this Court before it proceeds
another step in Southern reconstruction"
Should it appear that a majority In the
Supreme Court" are "of the old Democratic
school OF Judge TANEY," the Herald con-
tends 1--WE have no security for the future
that even the Constitutional Amendment
abolishing slavery will stand; for If the doc
trine is not sound that three-fourths of the
represented States are competent to make
the amendment part Of the supreme law,
It is void from the fact that number of
the Southern States required to make up
three-fourths of all the States were reduced
10 the ratification in an irregular way and
by Federal compulsion on the part of Presi-
dent JOHNSON, in the exercise Of the dis
cretion of a conqueror."
While the Herald is forced to the admir-
sion that ''the decision in the Indiana case
may be according to the strict letter of the
the monstrous plea is set up
that ''the War, the last appeal of Kings and
peoples, has resulted in great revolution,
superseding the Constitution as it was,
and demanding from the results of the War
and from the sovereign voice of the peo-
pie victorious in the War, new inter-
probation and new departure even by the
Supreme COurt?'u To remedy matters
70 get a Court that will treat the Con-
stitution as having been superseded by
the War, and take new departure
IN its Interpretation, the Herald in
lists that "a reconstruction of the Su-
preme Court adapted to the paramount
OF the War looms up into bold
relief as question of vital Importance"
A reconstruction Of the Court by Congress
Is viii give satisfactory decisions to the
Radicals is therefore advocated.
1t is no use to talk Constitution to these
people. They assert that the War did away
with the Constitution, and that new order
If things is upon us. The country is hence
Torth to be ruled through Radical caucus,
lnless the people shall take things little
IN their own hands and direct otherwise.
viii the Democrats and Conservatives
opk on quietly and allow Congress to usurp
he powers Of the Executive and Judici-
lry?
NJ nanu