The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-01-21
THE NEXT STEP.
The Supreme Court TO be Upset-HOw 1t
IL to be AecOmpIlshed-Letter from
Wendell Phillips.


is to be Accomplished Letter from
Wendell Philips.
From the Slavery Standard 1901.
The late decisions Of the Supreme Court
show ue that we must henCeforth count two OF
the three great co-equal powers of the Govern
ment against us. Hencelorth Congress fights
alone for the nation against the Supreme Court
and the President, leagued in the service OF
rebeldom. Of course, therefore, the contest
grows keener and more equal, and the South
takes courage. The North is not discouraged,
because she knows her Omnipotence, knows
that she can crush all the mere forms OF gov
ernment when it is necessary so TO do in order
to secure ITS great purpose-lustce, and the
preservation Of national existence. This the
people mean to do, and will do, unless baked
by timid, selfish, incompetent, and corrupt
leaders.
The action of the Supreme Court-its dis
loyalty--will not surprise abolitionists; we have
tested that bench for thirty years. Ever since
Taney-the mere creature OF "a selt-willed ETesi-
dent-toek his seat there, it has ceased to be
an independent branch of the Government, and
become the convenient and subtle tool OF the
Executive. AOOlitionists well know that, during
the whole course of its existence, it has never
squared its decisions on the slave question either
with justice, the spirit of the Constitution, or
even its letter when that favored liberty. While
its course on many great issues has been open
TO grave objection, its record on the negro ques-
tiOn is infamous. We use the word deliberately.
The use of it in this connection twenty-five
years ago won us the unmltlgated abuse of the
whole American press. we nave IOdluTely
considered their protest, and remaining of
the same opinion still, deliberately repeat the
statement. Without limiting the remark to the
slave question, we affirm that, on several i'm
portant subjects no instinct of freedom has
ever led that Court to deviate by accident or
for moment into any decision becoming the
American people, their history, Constitution, or
Declaration OF Independence. An effort would
have been made early in the war to remodel the
Court, but for very general dlstrust of Mr..
Lincoln's policy in filing vacancies there.
Phaddeus Stevens, when appealed TO in 1862 to
neuualize the position of that Bench by adding
two or three trustworthy judges, replied:-"Add
Judges tor Abraham to nominate! ! had rather
risk the Court as it is.n Events have confirmed
his sagaCity, two of LinCOln's nominees having
Joined the enemy.
If present appearances NAV be trusted that
Court, like the President, is henCetOrth to stand
an insurmOuntable obstacle, as at present con-
stituted, to any efficient and safe recOnstruc-
tion. Thanks to the Dred Scott and other de-
cisiOns the bench has long ago lost the sym.
pathy ana respect of the masses. General
Jackson could not lift Taney to the bench; he
could drag the bench down TO Fancy. There are
men whom it is impossible to make respectable
since they have no element to win respect
There is no human institution that the touch
of vile men will not detile and degrade it. Ten
years ago the final cause of such a creature as
TaneY was ineXplicable. To-day the mystery
is solved. No element less repulslve aud dis
creditable than his character would have suf-
feed TO utterly bankrupt such power as that
with decorum- might have overawed and misled
the people in this crisis.
1t will need but little effort to show the people
the true course to be taken in this emergency.
The nation must be saved, no matter what or
how venerable the foe whose existence goes
down before that necessity. The idea of such
court, aloof from all political ambition, far
above all party spirit, unlmpassioned as justice,
was a grand conception. Such a court would
have been an invaluable element in our system.
Until within some twenty years, the masses
oH definite, unvarying, and easily understood
principles. OF late 1t is seen to be what it is, a
mere appendage TO party. Appointed for life,
its Judges must, of course, often hnd themselves
appurtenant, by their prejudices and assoCia-
tiOns, to a defeated party. Such is their present
position; and, like all fragments and elements
OF the old, disloyal Democratic party, its
fate is certain. The moment there arises in the
Republican ranks man bold enough to strike,
the people will applaud the blow. There will
be the same outcry and the same resistance,
from the same quarters, as there was when Anti
Slavery first demanded that the nation should
mould its form or its spirit. The outcry and re.
sist8nce will be lust vain in this case as Ia
that. The instincts of the masses, the con-
sciences of just men, the spirit OF the age, and
Gods law, all demand that the inspiration and
cornerstone of this Government shall be Justice
The Constitution, with its time-honored com.
promises held up by the strongest of parties, was
as dust in the balance against such current
This Court will prove the same. The dry-rot o
its political subservience has made it an empty
form. The wind of the blow that demolished
slavery was enough 10 scatter this obstacle from
our path. WENDELL PHALIPs
A VeuerabIe StOve