Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-03-21

EHE IMPORTANCE era SINGLE LFyE
Rrobabiy. very few persons are aware
81 tne fncaioulable importance Of q ain
gle NE n the present situation of public
alIalrs. Yet upon the chances Of one
life viii depend, so far as can now he
foreseens whether the series Of measures
which have been forced upon the coun-
Try snail receive the sanction Of author
ity orthe COMMUNICATION of law. Know
ing the controlling Importance OF the
supreme court Of the United State In the
CONNECT between themselves and the
president, congress at its last session
passed a law for the reduction offhe nun-
Der OF judges from nine to seven, forbid
ingany new appointments in case vaean-
cles occur until, by the happening Of
vacancies, the limit, Of seven Judges Is
reached. It is well known that the
supreme court o consists Of nine
judges, i've OF whom entertain opinions,
as expressed in late decisions. utterly al
war with the scheme of military admin
istration which the Sherman military
reconsideration bill provides for, and four
OF them have declared their belief In the
power OF congress to erect military tri-
DUMAS IN the southern states under the
war power. or the five judges who adj
here TO the ancient, clear and well SET
&ASAA anu COIsllLuliOIal
liberty, " or three are aged and feeble,
with the chances of life yery much
against them, while the minority
~ composed OF young robust men, the
new appointees, with one exception.
n death Of any enc Of the majority
would make 3 tie in the supreme court
Hpon the essential principle of the Sher-
man bill, and of course would prevent
the court from prOnouneing the bill I'M
constitutional. The veto of the presi-
dent being overridden by a two-thiTds
vote OF congress, and the supreme court
mus divided, there remains no eonstitu-
tional fundamentally by which to
escape from the tyranny of its operation.
Let single one Of these five judges die
and the consequence is that every citizen
Of the southern states, in life. liberty
and property, is at the unchecked
mercy Of military tribunals. How
fraii, then, is the barrier between
right and unlicensed power. ANY
Jay. any hour, may remove this
last impairment, and then all further
power oil peaceful resistance to the en-
croaehments Of partisan organization
Will be at an end. When we consider
further that under no circumstances can
thed direct question upon the act itself be
raised and decided In this tribunal before
next winter, the chances of falling, in
one or more Of those lives, is fearfully
increased. With a sagacity worthy of a
Detter cause, the managers OF congress
saw and calculated these contingencies,
and provided for the advantage WAich
may flow to them nom their happening.
They knew that while the appointing
power was with the president, he would
place in that court men whose opinions
were IN harmony with the teachings OF
the fathers Of constitutional liberty-nor
could they remove from Office men whose
known fidelity to right was an obstacle
to their political devices. But the cum
ming device Of reducing the number Of
judges, asdeath from time to time may
create a vacancy, has nothing in its out
ward form to violate the law or to
check the public sentiment; yet its prob
able practical effect will be utterly revo-
iutionary and disastrous. Such, then, is
the value OF one single life, and that Of a
feeble old man. Upon its continuance
will depend the alternative Of preserving
the rights Of mankind, or establishing
an unlimited tyranny over ten millions
Of people.