Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1867-01-29
Derebelizing the U. S. Supreme Court.

writer doubtless Judge Mills:
LANCASTER, Jan. 7, 81.
Editor State Journal:
a few days ago
you promised to set Congress at work
recoI structing the Supreme Court OF
the United States, but you did not
inform your readers how you and
Congress were going about this work.
If you wish to bury a man alive
If you wish to beat both brain and
heart-ifyou wish to take away from
him all incentive for further activity
of either body or soul ltho stomach
excepted) if you would quench in
him every noble inspiration and rem
der him as Incapable Of understanding
his times or his age as the stalled OK
or ass, then give him an office for life
give him fat and thrifty salary
dine him. wine him. and pay him as
you would a u. 5. Judge let him
have no fears and in fact no hopes in
the future-no active and melting in
tellectuaI rounds with ambitious ri
walls let him be able to eXclaim with
the unfortunate Andy, "Is not the
cup Of my ambition tullY' and if he
does not become an intellectual and
physical imbecile, it will be because
the laws Of mind and matter have no
effect upon him The Judges Of the
courts Of the United States constitute
a life aristocracy and, since our war,
ST has become a fact in history that
an aristocracy is feeble, foolish, cttete
and weak, and such are the judges Of
this court, in proportion to the time
they have been exposed to official
rust. The immense mental activity
develop q within the last few years
IN every public body Of men-at the
bar, in legislative halls, in Congress,
in the forum, in the lyceum, and in
the town meeting, where the people
themselves have become great in the
arts Of peace and war-by contrast,
presents too distinctly the senility
and decadence ola body Of men Who
are aliens in the midst of their coun
trymen. | need not present exam
pies to prove that causes will be fol-
lowed by natural aud inevitable e.
fects. The people have heard Of
everybody that is worth hearing OF,
but, except the Chief Justice, very
few can tell you the names Of the
nine judges, although they might en-
UNI the nine muses.. And
months after the people have settled
some great political issue with an
emphasis Of thunder, we rcadin some
solemn decision OF that court, in weak
and stammering sentences, the same
theories that we heard, warm and
eloquent, from the pOt-house politi-
clan, and which the people rejected
because as nause0us as his breath and
his brandy. The bred Scott decisi-
on was no more the product ofknaves
than fools-of body Of men remote
from the people, and who supposed
they could crush the anti-slavery
spirit Of the North by gravely de-
claring that spirit to be unconstitu
tional The probability that that
court will declare the rebel States to
be members Of the Union, has alarm
ed some Republicans. Suppose that
court in 1860, in some case properly
brought before it, had declared che
Southern States could not be cOnsti~
tutionally coerced into obedience to
the laws Of the United States ? Such
was Mr.. Buchanan5 opinion. Such,
no doubt. would have been the de-
cision of majority Of that Court at
any time during Mr. BIS administra-
ton. Could such decision have par
alyzed the entire North, and have dis
solved the Union Mr. Lincoln has
stated better than any one else can,
in his inaugural Of March, 1860, how
far the decision OF that court ought
10 be regarded by the coordinate
branches OF the governments Mr.
Lincoln said II do not forget the pos
ition assumed by some, that consti-
tutional questions are to be decided
by the Supreme Court, nor do | de-
ay that such decisions must be bind
ing in any case upon tho parties to a
suit as to the object Of that suit, while
they are also entitled TO the very hi Ii
respect and consideration in all par
allel cases, and by all other depart
ments Of the government.
At the same time, the candid citi-
zen must confess that if the policy OF
the government upon rlfH questions
affecting the whole people is to be in
evitably fixed by the Supreme Court
as soon 40 its decision is made, the
people will have ceased to be their
own masters, having to that extent
resigned the Government into the
hands Of that eminent tribunal
Mr.. Lincoln would have obcyed q
decision Of the Supreme Court in a
particular case, although he was con
WINGED that il was erroneous, bat lac
would not suffer ii further to affect
bis action as en- Independent branch
of the Government Nj Johnson
will govern bis action by such judg-
ments of the Supreme Court Is hC
believes to be in accordance with tht
Constitution. A majority Of the Su-
preme Court dccj les the test o&th nm
constitutional Congress has differ
ent view, and Will sustain The test
oath. 4 majority Of the Supreme
Court doubtless believe that rebeh
are entitled to ledsIate Tor the coua-
try they could got destroy. Th'
people do not SO cqnstruc the Con
stitution, aud theit representatives