The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1868-04-04
[From the New York Times, Jan. 1871
Congress and the Supreme Court

The extremists are reckless, if not des-
pcrate. For twelve months past they have
been engaged in tying the hands of the
President, and stripping him OF the au.
thority conferred upon him by the consti-
tuition. And now they are about to at
tempt the same operation upon the su-
preme court, with the view Of preventing
an adverse decision upon the rcconstruc-
ton acts.
On the part of those who share the
views of Mr.. Stevens, the talked of meas.
ures will be consistent Whatever else
may be charged against them. they at
least have not rcsorted TO false pretenccs
TO justify the congressional policy. No
constitutional scruple has been allowed u
stand in their way. They have boldly
confessed that policy unconstitutional.
and have rested its defence upon the plea
Of revolutionary necessity. The consti,
tuition, according TO their theory, il for
tbs time subject 10 the higher law of the
conqueror as interpreted BY majority.
II essential TO their plans, they would dis
regard every constitutional right Of the
executive, TO make the supreme court
10 all things subscrvient to their will
In pursuance Of the latter determine
tion it is understood that the house judi.
c;ary committee have in preparation a
bill making imperative the concur
renee Of twO.thirds Of the supreme
court IN any decision involving The issue
Of the consiitutionaIity The movement
has its origin in an apprehension that
the majority Of the court will sooner or
later pronounce the reconstruction act un.
constitutional aud the considerations
which have heretofore prevailed in Con
grcss may possibly again assert their
sway. For by passing the measure pro.
posed, an adverse decision will be rcn.
dercd impossiolc-so far as congress can
contribute to that result, since three Of
the judges are known adhercnts to It's
policy.
If the project prevail. the higher at
tributes OF tic court will be destroyed
The principle will be in effect affirmed
that partisan exigencies, real or supposed.
constitute the supreme law; that the
court created by the constitution in part
TO judge Of tho validity of congressional
action, shall henceforward be powerIess,
whatever the character Of that action
may be. To-day the proposition is that
instead of a majority of Judges. two
thirds of the whole shall concur TO NOR
row, if necessary, the concurrence Of all
may be required. There is no limit to
the interference If il be commemorative
restriction save that which majority oi
the dominant party may for the moment
imposc upoL themselves. They proclaim
that they may enact what they please
and may obvate objection on the ground
of uncons,ituiionaIity by usurping powe,
to mold the decision Of the court in any
shape which to thcm~elvcs may seem best
Ii it be unmanagcable alter exacting Q
t&o.thirds judgment, or unanimous judg
ment. the number Of judges may be in
creased and thus, by one device or an
other, the independent jurisdiction Of the
court may be destroyed.
No more significant commentary or
the reconstruction legislation-no more
startling illustration Of unscrupulousnes
which actuates the radical leadcrs-car
be conceived, than that which this uf
fair affords. The cowardice as well as the
bravado of guilt is stamped upon its face
II shows utter absence of confidence il
the constitutional efficiency of the meas
ures which are applicable to the south
aud an utter want of moral courage I,
uphold the principles which are involved
A consciousness Of right usually inspire
calmness and strength, and the part,
which realizes it seldom shrinks from th,
contingencies incident TO political war
fare These extreme radicals, however
seem to shut their eyes when they rusl
ahead They are afraid of the grount
they tread upon, and Of phantoms ut ev
cry turn. Now it is of the President
anon of district commanders, and ye
again of the supreme court. We sus
pect that they also begin to fear the peo
pie in whose name they act, and who's
instructive sense of justice revolts agains
the abuse of their delegated power. TIL
idea seems to prevail in the reconstructio
and judiciary committees that there is n
time to lose. The thing called recon
stluction must be pushed through, eve
though it be necessary to muzzle the 81
preine court judges.
How the court will treat the attack uI
on its independence remains to be seer
Ii is not likely to respect or obey la,
which intcrferes with its constitution;
functions, notoriously for the accomplish
ment of an unconstitutional purpose
What then? Suppose the court, by
majority of its members, declares the r,
construction acts constitutionally invalit
and refuses to recognize as constitution,
the law defining the conditions of a juds
ment Will Congress, having failed
: legislate the court into compliance, vi
dertake to legislate it out of existence
Will party majority make the genera
in-chief the judge of the judges, as we
the superior of the President? Will the
at least avow their contempt for the col
: stitution and their resolve to proceed, r
| gardless of its provisions ? To this pos
tion their steps unquestionably tend, an
the only influence that can restrain the
will be fear for their own safety. OF VIII
possible value then will be the policy
!. congress when pushed to extremities
party whose leaders tramplc on the Co
stitution because it impedes their oper
tions, cannot long retain the con6den'
of the country, and when their overtime
: comes-as como it must--what will
1 the fate of their policy What the u