The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1867-01-10
THE SUPREME Court DECISION.

The supreme cou-s decision, that military CON-
miesions are unconstitutional and illegal, in
states or disAicts where instruction does not
exist and where the civil tribunals are huob-
structed, is a long and a firm step taken
by the highest authority in the land back
to the stable principles on which our
government rests. 1t is so important in itself
and its consequences as TO deserve reiterated ref
erence 10 this drift period of the public thought
of which unscrupulous men seek to take selfish
advantage. The exact point determined in this
decision of tho supreme court is, that person
not in the military naval service, residing in
q state where the courts of Law are open to the
administration of justice, cannot be reached oy
a military court !; since congress has no authori-
ty to set UP such tribunal, in period OF war
or of peace, and the constitution further express
ly forbids it.
The first part of this decision, viz that
person not in the military or naval service OF
the United States cannot be tried by military
court, was agreed to by every one of the judges,
including Chief Justice Chase. But a minority
of the court, flour of the Judges,) thought
that, although in the present case such a
military court was illegal, congress could
nevertheless create them in a time of war
when state was either invaded or in peril of
invasion. And they proceed to publish their
reasons for thinking so-but their reasons are of
no more consequence than the minority in
election, for the majority, which is the court, do
not so decide.
Let US be grateful for this timely reassertion
of the groundwork of our common liberties
Unless brought back to the standard recognized
in the fundamental bond, there was imminent
danger of our being carried out to a shoreless
sea without pilot, compass, or rudder. hose
who would make monopoly OF the 'Ioyalty" of
the land, as if it were an inheritance peculiar to
themselves, or sort of gift that came myster-
iously with their blood, naturally cry out against
the august tribunal from which an Interpretation
ofjustice proceeds. They would get rid of such
decision in the future by atolisbing the supreme
COURT at least by violently dwelling it to the
Office of usherSor grand chamberlain to con-
gress. To them, it is now only the ''shelter of
rebellion" and must come down. All these
threats are startling proofs of the extent to
which unrestraned spirit of fanaticism has
spect for its sworn Interpreters.
After all is said, the politics of the party that
dominates congress centre in the single deter
mination to entrench itself in power That is
the pivot on which all the interests, present and
future, of the nation now made to turn A
half million of lives have been sacrificed, sand a
debt of three or four thousand millions has been
n VIII hat IF
leaders, having respect neither tor the constitu-
ton nor Tor any department of the government
under it which they cannot control, may build
their nests and hatch their plans in the noble
edifice constructed by the founders of constitu.
tioual liberty 1t is impossible to think that
the people of this country, born to the inheri-
lance of freedom, will so consent. They waged
this long and costly for another purpose
to preserve the constitution, to perpetuate and
strengthen the Union, and TO establish the broad
and benefcent principles of freedom.
If this decision shall serve to reinstate the
rule of reason and law and expose at the same
time the dangerous tendencies of selfwilied
soothing radicalism, the country will have good
ground for congratula.lon that all this patience
and cost has noa been in vain 1t is worth the
while to be thoroughly undeceived, though the
risks of continued delusion so many and
great. principle becomes greatly enhanced to
us after having been rescued from peril. Those
who assail it certainly can take credit to
themselves, and still they help US to see the prin-
ciple in strong light, to value it more highly
than before, and to maintain it with renewed de-
termination.