Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1867-01-09

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-. y. nlCIsARDsON. EAitsr.
WEDNESDAY EVENING. $50. Jan. ..
- -
The Supreme Court Decision.
Yesterday wc finished the publication CT
she recent decision Of the Supreme Cour; g
tho United States In the celebrated Milligan
case. Concerning this, that very able and
conservative Journal, the National IateHi.
oenoer, says, that The court could not pre-
sen, ia readers with ''nohier new years
gfl'' than the glorious vindicatioa Of law
aad jns.lce by the Supreme Court Judges
in their opinions. The Court were vaGni>
move that Nilligsn should have the wrs OF
laJeas corpus, that be should be discharged,
and hsf the Military Commission 'rhich
tried him had no .jursdictiom. On those
points there was no difference among the
Judges. Four Of the Judges, however, dis>
scented from the opinion Of the majority that
Consrsss had no posrer 10 authorize Military
Commissions to try eiriiians.
This 10. indeed, glorious rew years gift.
which ~ hspe will comfort the prisoner
and open the door to the captive. There
arc still some victims Of Mr.. Seward's "little
bell" or Mr.. Stanton's vindictivencss, we
doubt not. languishing in some State bss-
tile In time Of var, when arms and pas
sica prevail, the courts are too often affected
By outside circumstances and influenced by
facts not in the record, or swayed by public
opinion. During tho wars Of Napoleon the
British Admiralty Courts invariably decided
as tho Goyernm,n, wished them Even the
great and pure Mansfield, in the libel trials
of his time. leaned toward. the prosecution,
aud cnunciatcd the mos. atrocious doctrine
on the law on that subject. Je'ficys hung
everybody the Attorney General desired ex
ccutcd. (ilow Judge Advocate Holt would
have delighted to have prscticed before him.
But when passion. and feeling have passed
asay with the excitement Of the hour, and
Law and reason once more. assert their su-
prcmae justice and truth must prevail. :
Ia Nil'igans case VIC see the mpliticaton
We trust, indeed. II may release other vic-
tins Of illegal tribunals, snd once more wins
dictate the claim Of the United States to be-
Ing free Government. Lawyers may some
times wavcr and swcrvs. when on..the bench,
in political canes; Judges may sometimes
be corrupt and me-serving, but IN The end
Law and Justice will 30 vtndicai,d.
1npeach0ens 0r President John.
conan Appeal .Aron OVesdell
1shliips.
Wendell Phillips darss 10 talk jus, what
many Of his associate conspirators dare on
~ TO think and plot secretly. In tho las,
number Of the 4lnti>.Siars,y Standard he
publishes over bic own signature - little
very plain talk" concerning the proposed
dcposal Of The President, and in his foolhar.
jy fanaticism declares the lawlcss aud rev.
o.utionary purpose Of the movement. lie
says:
We touched last week on some consider
atoms which show the value OF an ,,npeach-
,ncnt of the President. even IL there were
little hope Of its resulting in n conviction.
Blu, there arc two very pressing reasons
why every effort should he mace to sccur,
conviction. Every anti-slavery man ,c
mcmbers What dead lock TO all progress,
The supreme Court Of the United State,
haa l.s., a. tttn.s ~ A ,nl.,,u q
ed hy pro.slAvcry executive, selected iron
the most conservative class, holding the
9th ..s Tor life, aud growing more aud mn
iossil each year Of advancing age, no ellor
short oil revolution seemed abls 10 reSis
their banciul power
day that same cour. stands the SAM
nn,novabic obstacles IN our path. II is W
derstood that five judges out Of the nin,
support the President. II is said that the,
decided. year ago, that the iron c,at
oath was unconstitutional. aud all that III,
chef justice could 10 was to delay the for
NAL announcement OF the decision. Orc o
those judges, appointed by Lincoln, Ina,
joined the enemy. This state Of things i,
an almost insnrmcuntablo barrier to som,
measures which are indispensable to en-
safo aud permanent reconstruction. Blu
Gil men are mortal. Two Of these Judge
are very old, one other infirm In health 1
Is very probable that Mr.. johnson may
within two years. have the appointment .
two judges, perhaps more. VI course, h.
noaluat'ons are subject to the scnatc's ap
prevol; but ws all know he may select met
81 fair repute h., welded to his policy
wh0n Il would DO impossible 20 prevent Ia
senate from confirming.
Such i. one If the dangers Of leaving
rebel at the head OF the gov,rnment for tw,
years more. We may and probably shall
have tle supreme court reinforced witt
.sh. young blood, to las. another quartz
OF century, and lie always the refuge 9
abuses ami the i1c Of progress. II hs
crimes have given US sufficient grounds u
remove Johnson and avert this momentou
dsnser, it is fool-hardy, It is madness, I,
leave the criminal untouched and run al
these risks.
There is yet another consideration urging
MS in the Same direction. The rcad,cst
quickest way 10 secure . true reconstruction
seems to DC this. for the first step at leas,
brush sway III SO phantoms, the pretended
State governments. and sst up the terrific
rial governments ia each Of the lately rcbc
States. This gives room to build, gets rit
Of ell the lumber and cobwebs Of Stat,
rights and oil laws.
This sanc,itied and consecrated enemy o
''old lsws'-or rather Of all laws- conclude
his appeal With tho significant declare
ton:
We regard this question Of impt achmen
- being in isct The dscisi0s Of the question
srhether tie Rspsbliean pavsy shall swceee,
IN the ncri prssideAfial election. There |
very little chance Of their doing so unle,
Il vemores Johasos out Of is patti. Civ
him another TOO vears, end Il viii be a
most miracle IL ever he or his State Seer,
tary ars 0itlcss enough n allow themselvs
60 be defeated.
The object Of al these high.hands
oesaures, then, 10 y determine "wheth
the Republican party shall succeed in Il
next presidential election" Phillips prob
bly, foreets that there 10 ? very large fra
ton Of the republican party aforesaid. viii,
would prefer that some other party shou
succeed in the next presidential clectio
rather than that the Republicar pAr
should succeed in the manner Apcc,ficd