The Daily empire. (Dayton, Ohio) 1865-1867, 1867-01-07
The sSprems Court 70 4. Decision Law.


The SuprCn,c Court Decision Law,
Once more Triumphant.
We group together hrief cxtraets, from
different remote Journals, Of the late docis-
ion of the United States supreme Court,
which will wcll repay the reader Cor his
timc nnd attention. w rcadlug and digest
iug
From che Ncv ork Jouruai of Commcrcci
4 Il Is unnecessary to tell our readers that
this decision rs in substance the affirmation
Of doctrine laid down In our editorial COLI
ums with persistent repetition, and doctrine
l for which NC were at times called to ac-
count by those who believed in tho abso.
Lutte supremacy OF the war pOwor. We arc
content with the decision. since Il gives to
the principles which tor loug tlmo we
maintained single handed and alone In this
city, Che force OF law, from the bench ofthc
: highest appellate tribunal VA the land.
The extent TO which this decision goes
canuot be stated clearly as yet, uor until
/ We have the full opinion Of the court. But
70 q difllcult 10 see how 70 can be otherwise
/ than n complete rchukc 20 all exercise OF
arbitrary authority In the Northern aud
peaceful States during the war Ifthe war
power was insufficient to justify the trial
OF citizens In arbitrary tribunals. by the
regular process OF court martial, or the
special process OF military commissions,
under an act Of Congress, Il would seem n
f0rti0ri that the Individual acts OF the Of
/ ticcrs Of government, In the selling OF news
paper establishments, and the arrest and
4 imprisonment OF private citizens without
any form Of law. civil or military, must be
held 10 be illegal, aud therefore wrong. Il
would also appear that the trial of the rs
sassins of President Lincoln In thu city OF
Washington, by military court, was
equally wrong with the trial of the Indians
men which formed the immediate subject
Of the decision Of this court.
From the Milwaukee NewAI
1 4 special dispatch from Washington 70
the Chicago Tribune records the interesting
Intelligence that "the Republican are great
ly disappointed at the turn OF affairs In the
! Supreme Court
The Radicals have occasion u Indulge in
another feeling than that Of disappoint-
mcnt "at the turn Of affairs ia the Supreme
Court II seems that they have been ex-
cludiug representatives Of the people from
their seats In Congress, and attorneys from
practice at the bar and hood OF officers
from their rightful positions, without au-
thority OF law Moreover, they have been
hanging Transporting aud sending 10 the
ipeuitcntiary both men and women without
the shadow of any legal authority. And If
the Supreme Court realizes public expecta-
tions as 10 its view of the present condition
and rights of the states. they have been at
tempting to destroy the Union itself with
ont lawful authority Of any sort 4 pniit-
ioal party guilty OF these acts. and likely
to be held responsible for them on the iu-
dicial records of the country, has a right TO
be disappointed IL has the same right
to be disappointed that enemies of the Gov
lcrnmeut always possess when they find
themselves tried, convicted and con
dcmucd.
FroA the Baltimore Gazette.
When the first acts Of aggression wcrc
/ made ON the life of the Federal Constitu-
tion, the Chief Justice of the United States
/ (Judge Taney), To his high trust as it, pro-
tcctOr and cNpOundcr. warned the country
of the danger, and respectfully addressing
the Executive urged him 10 see to il that
the laws should be faithfully executed and
the protection of the Constitution guarnn-
tccd and extended To citizens. In the nOisc
and confusion OF war. his admonition failed
of effect. II remains 10 be seen whether
! the effort, of the Chief Justice, will only
I be admired In history, or whether his
Iopinion will hereafter be instrumental In
/ part in recalling public sentiment 10 fidol-
iity TO the Constitution. At that uime 10
Twas unhcedcd. and the courts of tho ooun-
TRY bowed their heads 10 force. Much Of
The difficulty of reconstructing the Gov
Icrnment to-day, is refcrabIe TO this source.
/ To-day Congress, through It's committee on
reconstruction. is usurpiug the functions
! OF the courts, and instead of aiding In their
proper sphere to rc-establish unity. peace
and contentmcAt throughout the country,
are embarrassing the Executive In this
work. The plea of extreme cases IL no
justification for proceedings unknown to
the Constitution. II great crimes have
been committed the courts are adequate TO
| tlair ntuiahmopt