Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-02-01

rived from the Constitution, that 1t is
the creature not of the people directly,
bat Of the people through the Constltu-
ton, and that Il may transcend its just
powers as easily as the President can
transcend his. From its nature, its or
ganization and its functions, it is the
most powerful branch ofthe Government,
and IS therefore the one TO be most
feared, and most judiciously watched
and restrained. Upon it there are only
two checks; the Presidents veto, which
Congress itself can put aside by two
thirds vote, and the Supreme Court,
which has no control over the wisdom or
the patriotism of its acts, but only ever
their legality.
Imperfect as these checks are, because
they are Of human contrivance, they
have thus far been sufficient, and they
would always prove sufficient for the
security of constitutional government
Without them, constitutional liberty
should not exist for year; but each
session of Congress we should be at the
mercy of an irrepressible majority,
which, if necessary to its purposes, could
declare Massachusetts, or Ohio, or both,
and New York besides, out Of the Union,
which could impeach the President at
will and suspend him from office until he
was declared either innocent or guilty, 1t
would make no matter; and which could
bid the Supreme Court attend to its own
business, and not concern itself with the
legality of any act done by the majority
| said this might be; but it is except Tor
the mere formality OF passage by a
majority who vote by roll.call and pass
between telers after their leaders, like
skeep between gate.posts. The purpose
of the majority of the present imperfect
Congress, as we all see, is to remove the
President, and not only the President
but the Supreme Court, out of its way
We see this, and we look on in apathy,
and 60 about our money-making, stupldly
trusting that no harm will come OF It,
and yet what is doing is that Con-
stitutional Government is destroyed be-
fore our eyes A. bill was brought in on
Monday by Mr.. Williams, of Pennsyl-
vania, which, absolutely, is entitled
bill to define the powers of the Su.
preme Court "-of the Supreme Court
whose powers are defined by the Consti-
tuition, and the chief object OF whose
creation was to define the powers OF
Congress. A more barefaced attempt at
usurpation was never seen a more fatal
blow to constitutional government was
never dealt. Yet what may we not eI-
pect when Mr.. Wilson reports bib
which declares valid and conclusive GER
tain proclamations and consequent acts
which the Supreme Conrt can only de.
clare valid (? and when Mr.. Boutwell,
does not hesitate to declare, with
strong emphasis" that the Supreme
Court exists but by the breath OF Con
gress-the Supeme Court, created by
the creator of Congress- to interpret Its
laws and be check upon its action
Congress has no more right to define the
powers of the Supreme Court than to
define its own powers or those OF the
President. The people have already
done all this through the Constitution;
the people may change their definition
through the Constitution, When the
powers of Congress, the President orr the
Supreme Court are abridged or enlarged
in any other way, constitutional govern.
ment is at an end and constitutional
liberty has for the time, perhaps forever,
been destroyed Yet this proposition to
define the powers of the Supreme Court
and to make full bench and unanimity
necessary to any decision upon the con-
stitutionality OF the proceedings of the
majority in Congress, was not rebuked
or laughed down, but actually referred to
the Judiciary Committee by a vote OF
los TO 80. Did it occur to these leglsla-
tors that the time may not be far distant
when one Judge, perhaps Taney, may
by his absence delay, or by his obstinacy
defeat judgment upon the constitution
ality of an act of Congress, which judg-
ment may be in their opinion Of the
highest importance? Or do they mean
to say that although = full bench and
unanimity are necessary to the validity
of proceedings in the Supreme Court the
acts of mere majority of Congress must
be Just, valid, constitutional These
things are before us the doom of our
Government is on the brink of execu
ton; and yet we are quiet Will moth
ing rouse us Are we as sluggish Of
apprehension now, on the one hand, as
we were before the rebellion, on the
other? Our Government is in peril now,
as it was then; not of disintegration, but
ofusurpation-the usurpatlon of absolute
power by the temporary representatives
of a majority of the people Of part of
the country. The men whom the whole
country-except degraded though IN
auential part of the Democratic party
trusted during the rebellion with
the task of preserving the nation, are
using their trust now to perpetuate their
own power and preserve their own party.
They pursue the course which they have
taken, as we all know, from the fear Of
the return of the Democratic party to
power. That would indeed be calami-
ty; but there is one possible which is so
much greater that the former dwlndles
into nothing in comparison-the destruc-
ton, not of the Constitution, which might
be made better or worse and llttle'harm
be done, but Of something much greater
than the Constitution - constitutional
government OF this we may be sure,
that the present course of Congress will,
If continued, end either in the destruc-
ton of the constitutional government or
the restoration of the Democratic party.
If the President is impeachsd aud sus-
pended from office during his. trial, and
the powers Of the Supreme Court are de-
fed by Congress- the impending coup
detat will have been struck, and the ma
iority Of an imperfect Congress will be
absolute master Of the whole country, not
only now but at any time hereafter.
FREE SoII.
Bad Reports Of the Prince Of Wales.
The Prince of Wales is going in bad