The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-01-04

Indiana Conspirators, and well express
ing, as We conceive, the merits of the
respective opinions delivered by the
majority and minority Of the Court.
The recent action Of that body shows
that it is largely composed OF unsound
timber; that the majority Of its MEM
bers are devoted to perpetuating in this
country the ideas upon which the rebel
lion was built, and to propping up the
falling fortunes of Andrew Johnson,
its greatest apologist. The present is
not the tirst time when this high tribu-
nal has been prostituted to the mainte-
nance of Southern dogmas, nor the first
time when depreciation of such subser-
vlence called forth the maledictiOns OF
the party to whose interests the Court
has been suborned.
When the Supreme Court with fancy
at its head, (the Instruments OF Buchau-
an, himself the instrument OF the in
cipient rebellionl rendered the infamous
bred Scott decision, the Democratic
press overlooked with tributes to the
parity OF that lofty tribunal,
which was far above the presumtuous
censure OF ordinary mortal men. Now
the same press is filled with the sane
laudations and we are told that this
court is above all other powers in the
land and no man must dare presume to
question the infallibility of its decisions.
Heaven help the country If it is at the
mercy OF any half dozen lawyers no
matter what their station. We have no
wish to detract from tho respect which
every citizen owes to the legal tribunals;
but when those tribunals strike Mt the
vitAls Ofthe Government and the welfare
of the people; when they attempt to de-
clare that the people OF the United
States have no right to protect their
lives and property under their Govern
ment, and by such declarations appa-
rently aim to render them powerless to
do so; and when such II declaration
carried out to its legitimate conse,
quences, would even permit the des-
truction OF the system under which the
tribunal itself exists, then we confess,
for our part, respect is out of the ques
ton.
When the Supreme Court afiirms
NA41S hANAp "AS ~ HO"SA III lDls CoIu-
try to trnnsgress the technical limita-
tons OF the Constitution during the
great struggle out OF which the Govern
ment, by such transgression, and only
by 1t, was saved alive, the Court utters
n dictum that shocks the conscience
and the common sense of every person
in the land. Is any man lunatic enough
to suppose that nine lawyers sitting on
n bench in the City of washington-or
hye OF them-or, indeed, one of'them
tor the decision turns on one) is armed
with power to say that there is no right
of self-defense in the people of this ma
ton, because it happens not to be writ
ten in express terms in their organic
lawT Is written Constitution greater
than the people who make it? No;
there is an unwritten law as old as his
tory and as broad AS the earth. with
which God has armed not man alone,
but every animate creature that moves
upon the earth or in the sea that in all
governments and in all times has over.
ridden, and always must override
any mere cOuventioualities, forms
orcOmpacts of human invention, viz
the right of selfpreservation. The
man who in this day of intelligence,
be he president or judge on the bench,
or what not, who says there is no power
in this country higher than its Cousti-
tuition; that, therefore, the Government
OF the United States had no authority
to defend its existence when attacked
by a furious rebellion, except accord
ing to the prescribed forms OF the Con-
Gtitution, which would have rendered
the Government helpless; that, there
fore. the people OF the United States,
whose representative and Instrument
that Government was, had no right to
protect their own liberties and lives by
the maintenance OF that Government,
simply OutraGes common intelli-
gencS and utters u sentiment unworthy
the utterance OF any man. Yet this is
just what the Court in substance de-
clares. Apply it to the action of the
Government In its different branches
during the rebellion, and the Gravest
consequences follow; for it would undo
and fill the land with insecurity and,
we may add, with ruin.
There is an apprehension abroad that
Andrew johnson, foiled and rebuked
by tho popular voice, coutemplates
making use of the Supreme Court to
destroy the fruits of the war; to restore
Southern power and Southern dogmas
TO their ancient supremacy. This APP
prehension has its origin in the action
OF the Court already taken, in tho fore
Shadowings of its future action, and in
Mr.. JOhnson's own language If this
is the game, he will ind that the wishes
OF a great people are not to be thwarted
by any such treschery; that loyalty
and Republicanism having won in the
contest with slavery and aristocracy, in
this country. will make good the results
OF the victory At all hazards; and that
no one man or half dozen men, will be
permitted to undo all that has been
done in the past five years at such a
"A fearful cost.
IT is reported from Washington that
Mr.. Ashley, OF Ohio, is preparing bill
for reconstructing the Governments OF
the rebel States, which, while avoiding
the technical difficulties of the terri
torial scheme, will go equally to the
root OF the whole matter 1t is simply
TO let the present organizations remain
as they are until conventions can be
called in the savsraI States under rtileS