The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-01-28

| nc ioiio"hS article, from the pen of Won
dell fhlllips, appears in the An,i-S,a,.o...
Standard. 1t fully justifes the apprehension,
we have already expressed for the safety 90
the Supreme Court, if il be allowed to beco,oo
mere political machine. The considera,ion
which such a court should have is SERIOUSLY
imperilled by the attempt of mere majority
of its members to usurp powers which belong
to the people. What Wendell Phillips saws,
many men are thinking II the thought
should become act, it will be because the
COURTS not restrained in time to its proper
functions. Mr., Phillips says
The late decisions of the Supreme Court
show us that we must henceforth count two
Oh the great co-equal powers of the govern
ment against US. Henceforth Congress fights
aiohe Tor the nation against The Supreme
court and the President leagued in the SER
VICE Vi reDeidom OF course, therefore, the
Son.est grows keener and more equal, and the
South takes courage. The North is not die
couraSed, because she knows her omninotenco
knows that she can crush all the mer, forms
OF government in order to secnro ;,s
great purpose--justice, and the preservation y,
national existence. This the peopls mean " y,
do, and will do unless banked by timid. sell,
1sh, incompetent, and corrupt leaders. The
action OF the Supreme Court--its disloyalty---
will not surprise abolitionlsts; we have tested
that bench for thirty years. Ever since
Taney--the mere creature OF sell-wIlled
Presider t-tOok his seat there, it has ceased TO
be an independent branch of the government.
and become the convenient and supple tool of
the Executive. Abolitionists well know that.
during the whole course OF its existence, it has
never squared it's decisions ON the slave oues-
ton either with Justice, the spirit of the Con-
sIitutiOn, or even its letter when that favored
liberty. While its course on many great is
sues has been open TO grave objection, its rec
ord on the negro question is infamous. We
use the word deliberately. The use OF it in
this connection twenty-five years ago, won us
the unmitiSated abuse Ofthe whole American
press. We have maturely considered their
protest, and remaining Of the same OpiniOp
still, deliberately repeat the statement. With
out limiting the remark to the slave question.
we affirm that on several important 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 distrust of Mr.. Lincoln,s
policy In filling vacancies there. Tbaddeus |
Stevens, when appealed to in 1862 to neutral |
lze the poison OF that bench by adding two or
three trustworthy judges, replied: "Add
Judges 1or Abraham TO nominate! / had rath-
er risk the court as tits" Events have con-
ilmed ms sasaclty; two of lincoln's nomi-
nees have Joined the enc ny. If
present appearances may be trusted, |
that court, like the President, is henceforth tn |
stand an ii,surmountable obstacle, as at pres
ent constituted, TO any efficient and safe re- |
construction. Thanks to the bred Scott and |
other decisions, the bench long ago lost the |
sympathy and respect of the masses. General
jackson could not lift Taney to the bench; he |
could drag the bench down TO Taney There |
are men whom it is impossible to make res
pectable, since they have no element to win
respect. There is no human institution so
venerable that the touch or vile men will NOT
defile and degrade it. Ten years ago, the fl
nal cause oil such creature as Taney was in
expncable. To-day, the mystery is solved No |
element less repulsive and discreditable would
have suf1iced to utterly bankrupt such pow |
er as that Court, which, in its prime vioor-
serving tyranny with decorum-might have
0verawed and misled the people in this crisis.
1t will need but little effort to show the peo-
pie the true course to be taken in this emer
gency. The nation must be saved, no matter
what or how venerable the foe whose exist
ence goes down before that necessity. The
ideal OF such court, aloof from all political
tar above all party spirit, unimpas-
stoned as justice, was grand conception
Such court would save oeen an invaluable
element in our system. Until within some
twenty years, the masses have regarded it as a
bench, basing its decisions on definite, un-
varying and easily understood principles. OF
late it is seen to be what it is, a mere appen-
dage to party. Appointed for life, its Judges
must OF course, often lind themselves appurte-
nant, by their prejudces and associations, to
O defeated party. Such is their present posi-
ton; and, like all fragments and elements OF
the old, disloyal Democratic party, its tate Is
certain. The moment there arises in the Re-
publican ranks man bold cnougS to strike,
the people will applaud the blow. There will
be the same outcry and the sane resistance,
from the same quarters, as there was when
first demanded that the nation
should mould its form or its spirit. The OUT
cry and resistance will be just as vain in this
case as In that. The instincts of the masses,
the consciences OF just men. the spirit of the
age, and Gods law, all demand that the in
spTatiOn and cornerstone of tits government
shall be justice. The Constitution with its
compromises held up by the
strongest ofparties, was dust in the balance
against such current. This court will proye
the same. The dry rot of its political subsery-
iency has made it an empty form. The wind
Of the blow that demolishe slavery were
enough to scatter this obstacle fr,m our path.