Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-01-23
PROPOSED sURJUGATION OF TIKI


JUN AAh
It is believed thst whenever the ques,
ton necessarily srises in q case in which
Individual rights are concerned, in the
Supreme Court Of the United States, that
tribunal will decide, in accordance with
the unanimous decision in the DRED
SCOTT case on that point, that Congress
does not possess and cannot exercise any
powers whatever outside Of the COnstitu-
ton: and that it cannot govern or legis-
late for even a conquered country, except
in accordance with the Constitution,
which is necessarily in force wherever
the dominion Of the United States ex-
tends. So it was expressly held even by
Justices MCLEAN and CURTIs; and so it
must be held now, by any honest judge.
The Court must therefore hold that mill
targ despotisms over the ten Southern
States are absolute utilities that military
commissions cannot be substituted for
courts Of civil and criminal justice and
that the great rights guaranteed by the
Constitution cannot be deh:ed anywhere
within the domain Of the United States.
Congress is the creature Of the COnstitu-
tion and whenever it sssumes a power
not granted by that instrument 1t Is
al unlawful and usurping assembly,
committing that worst kind Of treason,
the gubversiOu Of the Constitution and
Government Of the country.
Wherefore the House Of Representa-
tives has passed, and the Senate will pass
3 bin, requiring the assent Of two-thlrds
Of the judges, to set aside as ~unconslitu-
1ional q law enacted by Congress. A
majority Of one vote in each House may
pass the law but q majority Of the
Judges shall not preventi its being enforced,
no matter how glariBgly unconstitutional
it may be.
The Court consists Of eight judges. To
require tUO-thirdS Of the judges to concur,
is to require sir to do 50, as five are not
two-thirds Of eight. The law therefore
requires th~ree-foutths. OF course if it
can do this, it can require the decision to
De unanimous.
It is fortunate for the country that JAG
obiRism develops its mOnstrous purposes
50 rapidly. If it moved more slowly and
stealthily, it might demoTalizs the people
by degrees, and mould them completely
to its purposes. After subjugating the
Supreme Court, it is only necessary to
establish a censorship Of the Press, which
has as much right 10 do as to enact The
reconstruction acts, or take the public |
money to educate little negroes withsl.
It is the first time, often IS the Supreme
Court has declared laws unconstitutional,
and dlstasteful Is these decisions have
sometimes been to the dominant party
and Congress, that any party or set CT
men has proposed to render the Supeme
Court powerlsss TO do justice to individ-
lals OF states, by demanding that more
han 3 msjority Of the judges should con-
sur, 20 enforce the Constitution as the
paramount law.
1t hiss not been uncommon for the
state Legislatures to enact bad laws in
to effect temporary purposes, and
-emove obstacles to the execution Of
heir will. The worst laws that ever
we're on the statute books Of some Of the
thus originated. Whenever the
Of 8 Legislature is governed by
uch q motive, it does all it al to over
the Government. law and justice
ogether. The National bateHigeacer
II il feared b. these bad men that this
Whole fabric Of tyranny and usurp2tiOn, :
by them with 50 much art, sell
and mslignity, may be swept !
way BY a judicial decision. Hence this !
tempt to bully the Court, to shackle
s power, and strike down its eonstitu- !
.onal functions. 1t Is but following ont I
be fell spirit which dared to threaten z
be complete overthrow Of this last ven =
-eble asylum Of law and liberty, be- !
zuse, acting on their consciences, these !
gave opinions in the hsbess cor :
be and test oath cases which were ia !
with the Constitution, but IN 1
,pfiiot with the interests, the passions. y
al the purposes Of the Radical faction. l
be aim now is 10 prevent the Courts :
-onouncing 8 decision that the recon- :
laws are unconstitutional .
The Chicago Tines says: Ii
The Introduction and tasteful passage o.
MT. BinghRm's bin disclose not only p
NJ such fears exist, but reveal TO the IN
'bIic mind the more important fact u
IL the origin of such fesrs is the con- II
business OF the congressional majority st
II thew have been legislating [" wholly as
tside Of the Constitution The bill Is tb
confession Of guilty knowledge. It's fe
sage BY q full party vote in the Hsuse We
4 PROCLAMATION 10 the country that It's tn
intend to persist in their course on
guiit and to remove whatever obstacle eli
" stand ia its way, even the Supreme w
art. thl
q say that this is revolution is but to ]
le ia 3 word 3 fact which ought to thl
the country from IFS apathy, and me-
re the heart" Of every man who tbi
ues liberty higher than slavery. Its SUI
act Of revolution which, had it been oni
amEtted for q like purpose before the pie
/. would have caused the continent to sar
AXE with the tread Of armed men, ma
70 defend constitutional gov cat