The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-01-16
The Supreme Court.

The Supreme Court.
The following speech was made by
Judge Black, on the evening of the
Sth: at the National Hotel, at the
banquet given in honor Of the fifty
second anniversary of the battle of
New Orleans. The speech was made
IN response to toast complimenting
the United States Supreme Court:
Mr.. Chairman: Tn the history of
this country, it has never before been
thought necessary either to toast the
Supreme Court or defend it. But
times have changed. Very recently,
attacks full of bitter nlalignity have
been made on that tribunal, and mea-
sures are deliberately taken to break
down. its just authority Consider
ing by whom these assaults are made,
and what tho object of them is, it
would, perhaps, be better to encour-
age them, since it is certain that, in
the long run, they can do 10 harm to
anybody but their authors. II you
have viper to deal with, or q nest
of vlpers, it is better to keep them
biting at file than anything else
they can lay their teeth to. Still it
may not be inappropriate to look, for
a moment, at the occasion of the pre-
sent persecution.
Three private citizens of Indiana,
perfectly innocent of any ofrence-I
say perfectly innocent, because, up to
this time, no human being has ever
legally sworn even to Il belief of their
gullt-these citizens were arrested,
kidnapped, and carried before a body
of men wholly without power to med
die with them-not authorized even
to swear witness for them OF against
them-and there, after a proceeding
which it would be mockery to call a
trial, they were ordered to be killed
on certain fixed day In this con-
dition of things the judicial authori-
ties lntervened, and, with the aid of
President johnson, the victims were
rescued.
When the cause came into the Su-
preme Court, the simple question
@'as, whether citizen could be law
fully deprived of his life without Il
fair, honest trial before an impartial
jury and q regular court? To this
there could be but one answer, and
that answer was given una1aimously,
all the Judges yielding their full and
nnrcscrved assent to it. They held,
in effect, that the pretended trial was
conspiracy, and that the execution,
If it had taken place, would have been
q mere lawless murder. What else
could they do? To hang men with
out judge or jury, is an act so clearly
forbidden by the fundamental law,
that 10 one can make any mistake
about 1T; Il he has sense enough to
know his right hand from his left
The prohibition is written down as
plain as any one of the ten command
ments; there is not sentence in the
Lords Prayer more simple; not a
moral precept can be found in the
chllds primer that is more easily un-
derstood. Yetthe court is villipended,
and abused and slandcred for saying
1t. The organs Of disunion and
anarchy publicly proclaim their de
termination to disregard the decision,
not because it is erroneous, but be
cause it confines their power by limits
inconveniently narrow. They declare
that they will do, in defiance Of it,
whatever gratities their own pur-
poses or promotes their own inte-
rests; and they impudently use this
very expression: IF tie laac stands
in or qray, 50 much The ago1se fo,. tie
aa0."
Mr. Thaddeus Stevens, the leader
and driver Of the present Congress,
denounces this decision on the floor
of the House. 70 my certain know
ledge, he knows it to be perfectly
right. The senseless twaddle :.bo,it
hanging American citizens bv the
law of nations, on criminal accnsa-
tions of their own Government
could not for single instant impose
on an understanding like his. But
he denounces the judges for deciding
what he knows and what they know
to be true, for no conceivable reason.
except his desire that his particular
friends may continue to enjoy the de-
lightful lr shedding innocent
blood.
The Judges, and al Ike think with
them, are called traitors, because
they declare the Constitution to