The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-01-18
DAILY PRESS.
PORTLAND
Friday Morning January 10. 1867.
Is Treason Lawfsi A,n,,.o,,,, NJ. :,

fhtnkScL.lfDfS
The Supreme Court of the United States.
by majority of one, has decided that militia.
ry courts have no right to deal with traitors
in this country, even in time of actual war
and that neither Congress nor the State I.ea-
islatures have any authority to prescribe test
oathS, excluding traitors from official posi-
tions. Justices Field, Davis, Clifford, Nelson
and Grier are response ible for these decisions
the first two appointed by President Lin
coin, the rest by his Democratic predecessors.
Dissenting opinions have been given in each
case by Chief Justice Chase and Justices
Miller, Swayne and Wayne-the last appoint
ed by President Jackson and the other three
by President Lincoln. An Interpretation of
the law which is sustained by five and reject
Ell by four of the judges constituting the
highest tribunal OF the land, is not entitled to
the same respect which would be due to the
declared and unanimous opinion of the court.
1t is in some respects TO be regretted that the
court is so evenly divided The function of
that body is not to declare what is right and
just, but what is the law. The Suprerne
Court is not entrusted with the conscience Of
the American people. II'he law may be right
or wrong; the court has no right to modify OF
amend it, has nothing to do with it except to
expound it. IF the law is wrong, it is the
privilege and duty of the people to amend it.
and the sooner they are convinced that it is
wrong, the sooner will they prepare TO set it
right We regard it as an unfortunate cir
cumstance, therefore, that the remarkably
even division of the Court upon these ques-
tions leaves room for heated popular Sliscus-
sion about the real intent of the law as it
now stands Gf1i SIT .ltaa.1o ? -Idi3d l9i D
Into that discussion we do not propose to
enter, Practically it viii amount to nothing.
So long as Mr.. Johnson is President we shall
not be likely to have any different decisions
from that bench. Vacancies, if they happen
will not be filed by the appointment of men
who sympathize with the minority OF the Su-
preme Court and the majority of The people.
We must accept as law the decisions of these
five extremely respectable gentlemen, but if
anybody supposes the American giant is going
to be bound by legal cobwebs, however incen-
iously twisted and multiplied, like Gulliyer
by the Liputians, it will be found to be a
great mistake. ''te ''.. 'N 5'-'t' -'
The law, as interpreted by Mr.. Justice Field
and his associates, seems to proceed upon the
supposition that treason is a lawful amuse-
mentiu which any citizen of the United States
may engage without imperilng his interests
in any respect. a'Legying war upon the Uni
ted States shall not act as bar to a mans
holding office under the United States. He NAV
use his utmost endeavor to accomplish the vi
olent disruption of the Union; he may break
his Official oath to support the Constitution
OF the United States; but be shall be permitted.
whenever he chooses, to renew that oath and
resume his former duties, He may impede
the military operations of the Government.
but no military officer can proceed against him
| otherwise than by an action before the civil
courts, to be tried at leisure and decided after
the war is over.
We are 10th to believe that this is indeed
the law of the land but five Judges of the
SapreIne Court have so declared it, We shall
be prepared next ior the decision announced
through the newspapers as impending,-that
the proposed Constitutional amendment is
nneo nstitutional! 1t viii be not whit more
preposterous and Irrational than these decs-
ions, which make the Consultation itself m
constitutional in that it provides for a "per.
petual Union" which Cannot be maintained
on these precarious terms aud defines a chine
called treason without permitting it to be pun
ished.
II the live judges are right, we are living
under Constitution which stands greatly in
need OF amendment. 1t is not often that We
have the pleasure OF agreeing with Mr. Rever-
dy johnson OF late; but when in 1851, the
constitution of Maryland was altered irregl-
iarly, he defended the change on general
grounds which appear TO be perfectly sound,
Whatever may be said of their application. sIt
Is not" he said, within the power of tue peo-
pie, even for themselves, to surrender the
right of originating modifying or abolishing
their constitutions, much less to surrender it
for those who are to succeed them. A proyi-
sion, therefore," he added, '.iu the constitu-
ton of any one of the United States, limiting
the right OF the people to abolish or modify if
would be simply void.' The same rule ap-
plies OF course to the national constitution 1t
is not so very long since this very court de-
ciared that the negro in this country had "no
rights witch white man is bound to re-
spect." That shocking declaration stood as
law for time Is it law now? Not at ALL
The fundamental law of the land will express
ly declare the contrary before long. Laws are
imperfect and changeable. Justice is immut-
able and absolute. Towards that unattainable
perfection our institutions must tend so long
as the national will is guided by national
conscience. Treason is not al innocent sport,
it is crime. 1t may be forgiven, but it ought
at least to disqualify the traitors from holding
positions of honor or trust, and it will if there
is any force in the profound convictions of a
nation like ours. sUffft