Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-12-27

From this It Is not to be Inferred that they
are the respectors of crude, i'll digested and
Unconstitutional enactments. They have
not been educated to believe the law-mak-
ing department Of Government inhllible.
They believe that through passion or par
tisanshlp that body may pass laws that
Z plainly contravene the Constitution, and
thus contrayening the Constitution, they
are not obligatory upon them; but II the
I highest judicial tribunal shall adjudge
them constitutional, they then recognize
)them as enforcing from them acqulescenct
and obedience. In this sense we are law
abiding people. 9in i9.I 90 Boz ~
This leads us to say that II the Supreme
Curt of the United States had decided
the Military Commissions, by which
civilians were tried in the States where
In the civil courts were open and un-
obstructed, are constitutional, instead Of
Unconstitutional, the Radical press
would have found language inadequate To
extol the decision. When that case was
taken into the Supreme Court for that body
to decide upon, no protest was made against
the taking Of itin there for adjudication by
the Radical Press. The Courts patriotism
was not decried, Its honesty was not inn
peached. The people-men OF all parties
had faith in it-faith that the decision Of the
Court would be in accordance with the
Constitution and justice, and although that
decision might not be In accordance with
their previously conceived views, they
were, nevertheless, prepared to acquiesce
in the decision. IG Is very true that the
Court Is made up of men who have their
faillngs and imperiections as other men
but the supposition rightly prevails that
these Judges are SO circumstanced, and so
learned in the law, aud SO jealous of the
tame that shall follow after them, that their
decisions will be eminent for their Impair
tality and adherence to the Constitution.
In view of this prevalent understanding,
I we are not prepared to believe that even
the mass of the Republican party would
give to Congress any substantial support
should It attempt the practical overthrow
of the Supreme Court Of the United States
or forcibly seek to enforce its own enact
ments despite the decision of the Court
, that they are unconstitutional. That such
movements are contemplated by Radicals is
unquestionable. We have before US a
letter from Colonel FoRNLY to his
Press, dated Washington, December %,
in which he lndulges in a good
deal of muttered execration toward Presi-
dent JOHNSON and the Supreme Court of
the United States. The decision Of the Su-
preme Court of the United States pro-
nouncing the Military Commissions un-
constitutional, has created in his mind the
b lief that the Court will pronounce the
Test Oath unconstitutional that the Sc
+, ceded States are entitled to immediate rep
resentation; anu Tuuv they IOss TVno Vt
their rights in the late war, and that
o"nothing Should such decisions be pro-
nounced by that court) "can prevent the
complete triumph of what is called
ANDREW JoHNsoN's policy-nothing but
the determination of the American people,
spoken through, their Senators and Repre-
sentatiVes in Congress, to carry out and
enforce, at all hazards, the principles that
triumphed in. the downfall Of the Rebel
lion.'' And he declares, In conclusion: tit
would seem as If Providence had ordained
that the work OF redemption and renova-
'tion should not be abandoned. Every
department of the Government was placed
in sympathy with and responsive to the
genuine principles Of republicanism."
He expresses the "firm belief that, how
ever gloomy the prospect, the American
people are ready for any new trial that
may be imposed upon them, however un-
J expected and severe. n e, ....4 p. ~ IT..
The direct Ireaning Of this is--it has no
other meauing-th that the acts of Congress,
A whether right or wrong, whether constitu-
tional or unconstitutional, must be accepted
3as the absolute law of the land. THE
!, American people are,' doubtless, ''ready
for any new trial that may be imposed upon
them, however unexpected and severe" to
maintain the Union but that they fare
ready" under the lead and direction OF
. Radicals and Revolutionists, to take up
arms to render void and of no effect such
decisions of the Supreme Court Of the
United States as pronounce their projects
unconstitutional, we are not prepared to
believe. Our people are surely not 50 lost
to all sense and reason as to take up arms
to bring upon the country anarchy in Its
extromest and most repulsive form. 1t
was not tor any such purpose they gave
their support to the recent civil war; 1t
was with the understanding on their part,
that Union, the Constitution, law and order
should be maintained, II, however, the
Radicals are fully persuaded that the peo-
I pie will follow them TO the extremity OF
I civil war In enforcing their revolutionary
/ schemes, wherein they propose to usurp
the functions alike of the Executive and
the Judiciary, it may be well enough for
them to make the trial. In the event they
shall do this, somebody win most assured
: ly be undeceived. aaHtsas D. sg4