The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1868-01-30
The Sunreme Court.

All sorts of startling headings have APP
pea red in the Democratic papers, since the
measure came before Congress, requiring
the assent of two thirds of the judges OF the
Supreme Court necessary, to determine
constitutional question. 1t has been chara-
terized as revolutionary innovation, and
hazardous to the perpetuity OF the kepub
lie The opposition presses may perhaps
succeed in frightening few weak minded
people, with the belief that there is some
thing really fraught with danger, TO- the
country in such a change in the exercise OF
power by the Judiciary Whoever will
look at the matter calmly, will perceive
there il no occasion whatever for alarm;
the change commends itself to the common
sense of the people
The Supreme Court is authorized by the
constitution of the U. S; but how the
Court shall be constituted the Constitution
says nothing about. The Constitution does
not say of how many members the Court
shall consist, nor does it define their quail
fcation. The Constitution requires Con.
Kress to create such Court. yet it is left
discretionary, whether there shall be five,
ten or any other number Of Judges. 1t 10
also left to Congress, to determine thejuris-
dictiou of the Court; its powers may be
contracted or expanded, in any respect on
which the constitution is silent under the
general provision that Congress shall have
power ''to make all laws that may be nee
essary and proper, and all other powers
vested by this constitution, in the govern
ment of the United States, or any depart
m ent or officer thereof" The position that
Congress has no power, to regulate by law
how many judges, shall be required to pro-
nounce judgement. while it has the Gd-
mitted power to prescribe whether the
judges shall be many or few, and when ia
fact, the entire Court is created by Con
gress has no show Of reasoning what
ever.
The regulation requiring two thirds
vote, to decide important questions at law
or otherwise, is no new idea Our jury
system, which is incorporated into all state
constitutions, and which is regarded one of
the essential guarantees of liberty and jus
tice, requires unanimous decision of the
tribunal, to which all questions of fact are
referrel. 1t requires two thirds vote Of
of both branches of Congress, to set aside a
veto Of the executive.branch Of the Govern
ment; and shall a majority of one vote, on
the bench of the Supreme Court be sufficient
to overthrow law, passed by the Senate
and House of Representatives of the United
States Among the two hundred legsla-
tors in Congress, there are very many who are
better jurists than majority of the Judges
of the Supreme Court. To allow the author
ity of congress to be set aside and troddeu
down by bare majority of one vote on the
bench when the issue involves the rights Of
millions, and the future peace and safety Of
the nation is most preposterous!
1t is hardly necessary to say that the Su
preme Court, is not held in very high re-.
spect by the country; part of the members
composing it. are the same who perpetrated
the Infamous bred Scott decision. The
baseness of the doctrine set forth in that
case, shocked every sentiment of human ity
not only in this country, but among the
enlightened nations of Europe Three of
the Judges are the fossil renal ns of the old
pro avery times, when to doubt the divin-
ity of slavery was to be thrust outside the
pale of democratic society. These antedilu-
VANS, have oubtless heard that slavery is
dead, but rave no idea, that it died legally.
What Congress has sought to do, is moth
ing but justifable legislation, demanded for
the safety of the country.