The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1867-01-16
Position - rHB suRAEAE cOURI.

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When the Supreme Court undertakes 70
decide political questions, the members arr
spvsrned and gdeslts their legal concls-
sions in the main By their political proclivi>
ties. Such has been the case in our political
history from Ne teginnisG end the present
Court is adding frequent instances, calculated
to strengthen the position.
In the early dsys Of tbs Republic, the
judges Of the Supreme Court were appointed
by Washinstos aed John Adasa and
were in the main Fsdsrslists. They decided
many pslisicai qusstions in favor Of the
views of the Federal party, then in power,
including decisions sustaining the Constitu-
tionality Of the Alien Laws and the Sedition
Laws. The opinions Of the Court were not
highly esteemed BY tho old JeffersoniAn
Democratic party in that early dAy, and on
those qaestious' the opiaions Of the Court
have been very generally condemned from that
day to this.
And 20 nov that portion Of The msnbers
Of the Supreme Court appointed or serving
for years unde the Administration of State
Rights .non>coescisn," parties platforms
and Presidents, and tutored by Chief Justice
fancy to disregard the rights Of negroes and
white men - veil in Difference To the vested
rights of the Southern oligarchy, side with
the rebels and President johnson, while
other members Of the Court - naturally, on
broad and general principles; side With the
loyal people in favor Of liberty and the
rights Of mankind.
Hence, while the decision of the point in
the case made is the law for the present, it is
without any permanent authority: over the
Court itself, and is entitled TO no weight on
general principles.
Take the recent decision on tho test oath
as an illustration. Nelson, Gries, Wayne
and Clifford, appointed BY Buchanan and his
predecessors, and trained under fancy, are
with the President in the position that the
rights of traitors are precisely The same as
the rights Of loyal men, and that they for
feited no rights or privileges by treason and
rebellion. On the other baud, Chase, Davis,
Swayne and Miller, Republicans appointed
by Lincoln. and wholly 10 sympathy with the
loyal people who fought for the Stars and
Stripes, and not with those who fought
against the Government, dissent and take the
opposite view. The ninth member of the
Court, the last appointed and the
least of lawyer and the most Of an office
seeking clique politician, Field goes with
johnson and followed that renegade along
with Thurlow Weed, into the camp of the
enemy year ago, and hence, he sides with
the Taneyite section Of the Court now His
vote counts and settles the question, but he
has no weight or influence with the Bar, or
with the country. And as the exigencies oil
hispolitical friends of the Office seeking per-
suasion in New York and in San Francisco,
led him openly into the johnson camp
politically, it is very natural that the present
exigencies Of his political chief should lead
him to vote with his new friends to sustain
Johnson's policy in the Supreme Court
Ill is unfortunate and disgraceful to the
country that the despot who Yields the power
of the Presidency to thwart the will Of the
loyal people of the land and their Repre.en-
tatiyes, and TO exalt traitors and rebels above
loyal men and patriots, should be able
through such politician as Field.
to further bis purpose. But it does not fol>
low that the loyal people must bow with rev,
ersntial awe to the fat of Field, any more
than they did to the fat Of Booth, although
they are equally As unable 10 prevent the
consequences of the course of the latter as
they were those of the former. Booths bull
let put renegade and the friend Of traitors
in the Presidential chair, in place of patriot
who sympathized with the loyal people
And Fields vote enables the President and
his confederate traitors to override the will Of
the legal people of the country, expressed at
the ballot box, and to carry into effect the
will of JEFF. Davis and his rebel myrmidons,
who waged bloody war for four long years to
overthrow the Government and destroy the
Union.