The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1867-01-09
Tho United Statos Supromo Court.

pondorons bodies move slowly.
This is strikingly the case with tic
tribunal above named. It is quito
otherwise with its coordinate branch
III tho Government. Congress is cm-
phatically fast body, and gets
through n most uncoNscilAnblo amount
of legislation. Theyfhav5 long since
ceased to stop and reflect whether or
not any bill under consideration can
stand the constitutional test. The
hxccutivc veto proved no barrier this
faint opposition being more considered
in the light of stimulus to cover
ride" said veto. They appear TO
have altogether forgotten that there is
third arm Of the Government, en-
powered to decide between the Mxo-
cutivc aud the Congressional viow Of
the Constitution. 1t is only within
che last fow days somo OF these new
laws, involving constitutional qncs-
tions, have come before tho Supreme
Court, and its decisions being against
Congress, and the party represented
by tho dominant majority i'll both
Houses, q hue and cry is at once set
up FOR reconstruction of the Su-
prcmc Court. The New York HraM
comes out in u violent onslaught on
this Court, and counscls Congress to
dismiss the old Judges, and get new
ones who shall approve the Act Of
Congress. But thorc isa difficulty
here. Such reconstruction can only
be effected by another amendment to
the Constitution. That instrument
declares CART. 3, Soc. y that ''thc
Judges, both of The Supreme and In
fcrior Courts, shall hold their Offices
during good behaviour" Tho Su-
ptcmc Court is, therefore, indcron-
dent of Congress, and will so remain
till the pcoplc see fit to amend the
Constitution for tho purpose of des-
troying tho independence Of the Ju-
dietary, which We incline TO think will
not happen very soon. IN the mean
time, says the Transcript, there is a
powerful hook in tho nose Of the Con-
grcssional Loviathan, and the tcrritor-
ializing Of the Southern States is a
matter about which more than one de-
partmcnt of tho Government will have
something to say.
That our readers may know who
these Judges arc, wo give thcir names
and the dato of their appointment.
1t will DO seen from these dates that
tho majority, five out of nine, have
boon appointed since tho commence
ment of tho war, and may reasonably be
supposed not to be "Coppcrhcads, p
have all been nominated by President
Lincoln, and confirmed by a Rcpnbli-
can Senate. Eight Of the niue, more
over, arc Northern mon:
1868 $. Z. Chase, Ohio, Chic!
Justice.
| ls35--Jamca N. Wayne, Georgia.
! l815 Samuel Nelson, New York.
| laiG-Robcrt G. Grier, Pennsylva.
MA.
8--Natl,an Clifford, Maine.
! l8G2--Noah s. Swaync, Ohio.
! 1868 David Davis, Illinois.
| 1862 Samuel II. Miller, lowe.
l8G3-Stopl.cn j. Biold, California
| -Chorlesfon Neaes. ;
!. Hon. j. McCaleb Wiley. Congrcs'
{ sional representative elect from th'
Montgomery (.tlabana) DistrIct, la
just returned from Washington, am
expresses tho convection that .A!abaml
ana other unreprcsenttl States wonl
he restored to The Irliion on Tho adop
ton of tho CoIslit1lional appointment
and that a liberal policy WOULD be pm
1 sued in reference To those Of our pcopl
| .ul.1, lal.4.r ..,Iar ,,c,liIinnl nnl,iEI:nn