The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1868-01-18
THE MOVEMENT TO DEGRADE
THE SUPREME COURT.
4 View Of It from a Conservative
Republican Standpoint.
Partisan Exigencies to Constitne
the Supreme Law.


From the New York Times (republioan) JAM IL.
CONGRESS- AND THE SUPREME COURT.
The extremists are reckless, if not des
perate. For twelve months past they have
been engaged in tying the hands of the Pres
ident, and stripping him of authority con-
ferred by the constitution. And now they are
about to attempt the same operation upon
the supreme court, with the view Of prevent
ing an adverse decision upon the reconstruc-
tion acts.
On the part of those who share the views
of Mr.. Stevens, the talked-of measure will be
consistent Whatever else may be charged
against them, they at least have not resort
ed to false pretenses to justify the congress-
ional policy. No constitutional scruple has
been allowed to stand in their way. They
have boldly confessed that policy unconsti-
tutional, and have rested its defence upon
the plea of revolutionary necessity. The
constitution, according their theory, is for
the time subject to the higher law Of the
conqueror as interpreted by partisan ma
jority. If essential to their plans, they would
disregard every constitutional right Of the
executive. and make tie supreme court in
all things subservient to their will.
In pursuance of the latter determination,
it is understood that the house Judiciary
committee have in preparation a bill making
imperative the concurrence of two-thirds of
the supreme court in any decision involving
the issue of constitutionality. The move
ment has its origin in an apprehension that
a majority of the court will sooner or later
pronounce the reconstruction acts unconstitu-
tional: and the considerations which have
heretofore prevailed in congress may posi-
bly, again assert their sway. For by passing
the measure proposed, an adverse decision
will be rendered impossible--so far a con-
gress can contribute to that result, since
three of the Judges are known adherents to
its policy.
If this project prevail. the higher attributes
of the court will be destroyed. The princi-
pie will be in effect affirmed that partisan
exigencies, real or supposed, constitute the
supreme law; that the court, created by the
constitution in part to judge of the validity
of congressional action, shall henceforward
be powerless, whatever the character of that
act may be. day the proposition is that,
instead of majority of the judges, two-thirds
of the whole shall concur; Tomorrow, if
necessary, the concurrence of all may be re-
quired. There is no limit to the interference
if it be commenced-no restriction save that
which a majority of the dominant party may
for the moment impose upon themselves
They proclaim that they may enact what
they please. and may obyiate objection on
the ground of unconstitutionaity by usurp-
ing power TO mold the decisions of the court
in any shape which 10 themselves NAV seem
best. If II be unmanageabe after exacting
a two-thirds judgment. or a unanimous iudg-
ment, the number of Judges may be increas-
ed; and thus BY one device or another. the
independent jurisdiction of the court may be
destroyed.
No more significant commentary on the
reconstruction legislation-no more startling
of the unscrupulousness which
sctuates the radical leaders-can be conceiv-
ed, than that which this affair affords The
cowardice as well as the brayado of guilt is
stamped upon its face. 1t shows an utter
absence of confidence in the constitutional
efficacy of the measures which are applicable
TO the south, and an utter want of moral
courage to uphold the principles that are in.
volved. A consciousness of right usually
inspires calmness and strength, and the
party which realizes it seldom shrinks from
the contingencies incident to political war
fare. These extreme radicals, however. seem
to shut their eyes when they rush ahead -
They are afraid of the ground they tread
upon, and of phantoms at every turn. Now
it Is Of the President, anon Of the district
and yet again of the supreme
court. We suspect that they also begin to
fear the people in whose name they act, and
whose instructive sense of justice revolts
against the abuse of cir delegated power.
The idea seems to prevail in the reconstruc
.Ion and Judiciary committee that there is no
snl IL /
ion must be pushed through, even though
I be necessary to muzzle the supreme court |
Judges.
How the court will treat the attack upon |
IS independence remains to be seen 1t is |
not likely to respect or to obey a law which |
nterfrres with its constitutional functions, |
enormously for the accomplishment of an
purpose. What then 2-I
suppose the court, by majority of its mem
,ers, declares the reconstruction acts con- |
invalid, and refuses to recognize
Is constitutional the law defining the condi- |
ions of judgment? Will congress, having
allied to legislate the court into compliance |
to legislate it out of existence p
Will party majority make the reneral.in-
,hief the judge of the judges, as well as the
uperior of the President? Will they at last
vow their contempt for the constitution and
heir resolve to proceed regardless of its pro-
lsions? TO this position their steps I'M
tend, and the only infuece that
an restrain them will be fear for their own
afety. Of what possible value then will be |
be policy of congress wien pushed to ex-
party whose leaders trample
n the constitution because it impedes theiv
perations, cannot long retain the confidence
the country, and when their overthrow
omes--as come it must-what will be the
ate OF their policy what the upshot OF their
llIotting and legisating and usurping
hese are inquiries which concern more than
themselves, for they indicate the re opening
the southern question and the reconstrut
,g OF reconstruction, as consequences of the
'ckiessness which marks the radical pro-
ramme.
The Cincinnati Commercial Ia radical pa
err is very severe on Mrs. Lincoln, in the
flowing paragraph
"Mrs. Lincoln must be a mad woman.