The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-01-04
The Recent Decision OF the Supreme
Court.


The Recent Decision OF the Supreme
Court.
The Richmond Ecaminer, of the
Oath, in noticing the recent action of
the Supreme Court of the United
States, bearing upon the rights of a
citizen of that State, says: ''Step by
step, we are making our way back to
the old familiar footprints of Con-
stitutional liberty and law. Last year,
military commissions followed swift
one npon the other. Mr.. Stanton
and Mr.. Holt had little idea, then, of
ssurrendering up the gigantic power
they had acquired during the war.
The President, with all his generous
instincts for liberty, allowed them to
have their own way, and, accordingly,
we beheld men tried, convicted,
punished-sometimes by death-by
tribunals which, possessing no legal
sanction whatever, seemed inspired
solely by thirst for human blood.
Almost at the last moment, one of
the intended victims of this hateful
tyranny was snatched from the grasp
Ii,
case carried, by a.writ of habeas cor
p"s, before the United States Su-
preme Court. This. august tribunal
heard the case and decided it at its
&ass term. It will ever be a memora-
BILE cause, for the matchless argu-
ment of Judge Black, delivered on
the occasion, but far more by reason
of the important principles which
were determined, and as making an
epoch in the history of American
liberty. BY the release of Milligan,
blow was struck at the whole struc-
ture of tyranny, which Messrs. Holt
and Stanton had SO ingeniously built
up. From that time, the President
exhibited a marked repugnance to
military commissions, and he has
seized the occasion of the formal
publication of the decision to set
them aside in the very first instance
brought to his attention.
''In this decision we behold cheer
ing indication that the Supreme Court
will not cover before the breath of
the majority in the Northern States,
but will proceed, calmly, impartially
and fearlessly: to administer the Con
stitution and laws. A majority of
this court were appointed by Mr..
Lincoln, but the influence of the
Judicial Office have lifted them far
above the passions of party. For
some time past, we have looked with
hope to this branch of the Govern
ment for the rescue of a dishonored
Constitution. The power of this
tribunal over public opinion has ever
been and must continue very. great.
The radicals have seen this, and have
vainly sought to purchase the court,
by lntimating to bestow upon it the
patronage which, according to our
form of Government, rightfully be-
longs to the President. In this de-
cision, and the forthcoming decree
setting aside the test oath for attor-
neys, the revolutionary demagogues
OF the hour will read the failure of
their schemes The court will despise
their bribes and their threats, in its
calm discharge of duty.
"Now, that the civil tribunals are
Te-instated in all their just rigor and
integrity, it behooves them to show @
jealous regard for the law, q disposi-
ton to examine and try fairly all
cases of crime, and a determination
to punish NIL offenders, regardless Of
color or station. Every man must be
made to feel and to know that he is
under the law, and no matter how he
violates it, whether by lawless yio-
lence or by interference with the
courts of justice, under pretense of a
military Jurisdiction, he should be
brought to condign punishment.