The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1868-01-20
The Supreme Court and Congress-,

1t was tavorite idea with the trainers O
our constitution that we were to enjoy under
1t the broad security of government hello
together by a nice adjustment of "checks anc
balances" To preserve that equilibrium
was to constitute one of the highest task:
OF practical craftsmanship. To that enc
power was carefully distributed bv the su.
preme authority. There was a inst jealousy
OF Its concentration in few hands Expe
rience had shown the wisdom of making the
legislative, executive and judiciary separate
and independent branches. Had either one
been permitted to dictate to the other two
or any two been allowed to direct the ac-
ton OF the third, then manifestly there would
have been no independence among them
Therefore each was ordained and declared
10 De the equal of the other, and without &C
countablhty to the other in its action, except
on points of difference which REQUIRED an
reversible decision; and it was to provide
for such decision that the judiciary was
clothed with proper authority.
But we see congress working to tie the
executive hands and muzzle the judiciary
mouth. 1t undertakes to absorb both exec
utiVe and judicial power, as well as to exer-
else the Legislative. Those who framed the
reconstruction act admitted that it was done
wholly outside OF the constitution" which
they do not hesitate to say is too sold
fashioned" for their pressing needs. On the
plea, next, that the President was an oh
struction TO their work in the south,-as he
must have been if they were operating tout
side of the constitution, they proceeded tn
strip him of power BY legislation now by a
tenure OF office bill aud lastly BIZ plan to
set up the general of the army above his head.
AND finally, seeing that their work of recon
struction was sure to be set aside BY the SUI.
preme court IN few weeks, they have un-
dertaken to dismantle that high tribunal
also, by decreeing that no law of congress
which involves the question of constitution
atty, shall be set aside except by two-thirds
OF the Judges, leaving disputants in such
cases the small chance of carrying their
point with the authority of the remaining
one-thlrd. That is to say, congress declares
tnat the reconstruction act, for instance,
shall not be declared invalid unless those
who dispute its validity shall be able to Sc
cure to their side two-thirds of the court.
while congress is obliged to secure but one
third. Were the rest of the matter as it
should be, this provision is in every sense
arbitrary and unreasonable.
1hls Is no slight matter for the citizens of |
the Union to contemplate. The supreme |
court Is the tribunal to which the final ap- |
peal is made by them. Beyond its decision
no power may go. And congress OPENLY
seeks to introduce and intrench party pol;.
tics within this sanctuary. The strongest
criticism that could be made hitherto upon |
executive nominations to that bench, was
that such nominations were more or less |
likely to be made from list of party sup
porters but when q politician was clothed |
IN the judicial ermine, his character became
changed The party feeling was sunk in
the great responsibility he had newly assum.
ed, or wholly eliminated. This scheme of
congress, however, surpasses in that respect
everything which has been imputed to mar.
lsan feeling in making appointments for
u proposes to set up an open and direct
PARTISAN rule, and require the court to con-
orm Its decisions to it. If congress can do
his by the supreme court,it can do anything.
20 compass party ends, it may change the
ules for decisions without hinderance, in
r ease or diminish the number of Judges to
SUIT Immediate requirements, and wholly
PROSTATE the independence, and, of course,
ne power OF that most important bra n.h of
ne government Will the people regard
ne danger IN time, and make instant prepa-
ratlons to recover the government into their
own hands? 1t is so broad an issue that no
personal or sectional considerations can Ell
'her confuse or set it aside.-Boston Post.