The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-10
CHI A r Es TON.
MONDAY MORNING. FEBRUARY1O, 1868.
=. -.
One Man Power.

The most revolutionary measure, pro
poised by that very revolutionary body, the
Foetieth Congress, it., ie admitted on. all
hsn nds, is the bill now before it, greatly re-
str ioting the,powers of the Supreme Court
indeed virtually abrogating the oonsetu-
tidnal functions of that branch Of the gov
eminent. So unwarranted is this assault
uuon the Supreme Bench, SO entirely sub
yersive of the last remains of constitutional
liberty, that some of the very high priests
Of Radicalism are counted among its oppo-
nents. Thus Senator TRUMBULL, the Chair
ms IN of the Judiciary Committee, is under
stood to be against it, and, the chances Of
its ultimate passage are said to be very
mall. So universal is the condemnation
By all thinking men Of this last attempt OF
CONGRESS to constitute themselves the Su-
preme Directory of the country, that we
are at loss to comprehend how the advo'
Gates of the measure deceive themselves In
regard to it, and what kind of dust they
throw into the eyes of their blind followers.
The Supreme Court is at present composed
of eight judges; and the ultra Radicals
think it monstrous that majority of one
should have power to undo all the work Of
the Thirty-ninth and Fortieth Congresn
This must notbe, say they. The concurrence
of six out of the eight judges is necessary
in any case affecting the opnstitutionslity
of an act Of Congress; and some of the Rad
ical Senators fear danger even under this
arrangement, and have already proposed
another bill, altogether forbidding the
court to consider any case, involving the
constitutionality of the Reconstruction aots,
This last bill is more. honest than the pre-
&C ding, for it has the merit at least Of
openly ayowing its purpose; while the other
disingsnuously objects to the undue power
lodged in the casting vote.
In all deliberative assemblies, where the
majority decides, it must often,happen that
q single vote influences the decisionI and
this is never complained of-by the party,
in whose favor such decision isgiven: Thus
the history of Congressional legislation
during the past two years has numerous
instances of this natgge, but not single
vesnsa1i aazAaaR haeza fERH tbas Rad ca
Senate within that period by fifteen. votes,
though chat body consists Of fifty-four
members and were all the thirty-seven
States represented, not one Of these meas
ures could have secured majority. Twen7
ty-eight now makes quorum, erd mare
msiority of that number is considered ccm-
petent to pass a. very important act. One
ffty-fourth (not to say one-seventy-fourth)
Of the Senate is therefore sufficient to de-
eide the fate of the most important interests
ofthe country. Yet these same Senators pre-
end to. consider it monstrous that one
eight of the Supreme Bench should be
vested with similar power. How singular
that this monstrosity should not have been
discovered during all these many years;
a nd been reserved for the astute intelleots
that now honor the halls of Congress- with
their presence. A correspondent from
Washington, who knows whereof he affirms,
remarks: ."More than once have seen that
majority Of one in ffty-four of the Senate
Or one in nearly two hundred Of the House,
ushered in from the restaurant in such con-
dition Of limb and brain, that doubt If he
could have told next morning just how he
had voted, OF just. what he had voted on."