The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1868-01-30
rHE 0TTUMWA COURIER
i. N. HEDRlCK, EplroR.
The Supreme Court Bill.

There is bill pending before Con-
gross, which requires a two thirds
vote Of the Supreme Court to set aside
and pronounce unconstitutional an
act Of Congress signed by the Presi.
dent, or what is more common now.
a-days, an act passed by two thirds
vote over a Presidential veto. Since
in every state but one, it requires
nnanimoas concurrence ola jury to
bring ina verdict Of guilty and since
i requires two thirds of Congress
TO pass an act over the Presidents
objections it does seem to be reason
al and sensible sort of a proposition,
that something more than a bare ma
jority of one, in an old fossil antedi-
luyian Supreme Court, should be re-
quired to set aside, and pronounce IL
legaland demonstrations, a law passed
by the immediate representatives. of
the people; especially when passed
by twothirds majority Of that body.
The most remarkable thing in this
connection, is that Congress has not
made such self evidently necessary
and wise regulation before, when the
power to do SO, is so plainly asserted
in the Constitution. Art. 3D.. Sec 1,
of that instrument says:
The judicial power Of the United
ted States, shall be vested in one
Supreme Court, and in such inferi.
" or courts as the Congress may Fl ON
slime ordain and establish" And
again in in the same section. e In all
" other cases (tha5 is in cases effect
!. ing ambassadors, &c, the Supreme
8 Court shall have appellate jurisdic-
0tion, both as to law and fact ,c;th
"such exceptions and under such regu-
stations as the Congress shall male. =
The Supreme Court is plainly .
creature of Congress-, ordained by
the Constitution, and under the arti-
Gle quoted, that body has most I'M
questionably the right and in our
opinion ought to exercise it, Of rcquir-
ing at least a two thirds vote to an.
nul an act Of Congress, or to pass up.
on any great fundamental constitu-
tional question. This is just what is
contemplated by the bill now before
Congress, which is raising sueh a
terrible hullaballoo among the con-
temptible Copperhead minority in
Congress and their press over the
country. 1t is especially right and
appropriate, that Congress should
take this action at the present time,
because it applies to a Court, a major
ity of whom are supposed To- enter
tain political opinions in consonance
with the dominant party 10 Congress,
and il cannot be construed to be q
partisan measure having for itsob.'
lection the crippling Of a democratic
supreme court.
This measure derives its principal
. Importance now, from the fact that
the McArdle case, which will test the
constitutionalty Of the Reeonstruc-
ton laws Of Congress has been set
forward on the Supreme Court dock
ct, to March I'd and it is thought,
and hoped BY many Copperheads,
that Fields and Davis the two John.
lied members of the Court, whom.
vulgar parlance,-1went back" on
their party and principles.in the test
oathcase about ayear ago, havealready
succumbed to the destinations Of An
drew johnson, and that they will 90
against the law, thus giving ono ma
jority in the Court against the Con-
grcssional Ise-constructiun,- isw.na by
that one vote overthrowing every
thing accomplished thus far in the
way Of Reconstruction, bring
ing chaos again, and with it perhaps
another civil war.