Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1868-02-06
Thc suprene Court.

The Cepperhead press is in great iribu-
laiion at present on account Of the move
ment in Congress to require two-thirds ol
the Supreme Court to decide any law oil
Congress unconstitutional. Their iribula-
ton is the result of affinity with tyrsrny
and hcary headed injustice. They expect
the Supreme Court, by bare majority, "a
render decision that will sweep ava, the
Reconstruction laws and deliver the almost
reorgsnized Southern States, their loyal
men bound hand and foot, into the hands
of Copperhesds and rebels.
We are frequently reminded that this Is
a government of checks and balances. II
we follow the course of y law from its in
PRODUCTION in either House of Congress un-
iii IL becomes binding on the people, we
find that II Is subject TO the closest scru-
tiny. Il mus. receive a majority Of votes
in both Houses, and, IL vetoed by the Pres
ident, must be brought up again in both
branches ofthe legislature, when it must
receive the votes of two thirds Of the
members or fail Of becoming law. Lack
ing but one vote ofthe required two thirds
in either House, it fails, although it may be
clearly constitutional and in accordance
with the wishes Of the people. Not until
an act has :urmcunted the obstacles we
have named and become law, and the
business Of The country has been adjusted
to its requirements, docs the Supreme Court
have power to review and pass upon it.
1t would seem that in so important a mat
ter, a check or balance would not he ont
of place, but we find the whole framework
OF law erected by Congress tottering to the
ground before the unfriendly breath of a
bare majority Of The judges.
The Supreme Court, as originally consti-
tutcd, consisted ofa Chief Justice and three
Associates, and when division of senti-
ricnt occurred the majority was allowed
to prevail, but majority was in fact three
fourihs- As new districts were organized.
additional judges were added, and the ma
jority has at times represented three fifihs
two thirds, etc, until now, with Court of
nine members. five old fossils, some of
whom concurred in the Dred Scott decis-
ion, propose TO override the legislation of
Congress, and render the blood and sacrifi
ces of the past six years unavailing, by n
decision in behalf of the late slave masters
The action proposed by Congress in the
premises is simply this: To apply the same
rule TO future decisions by the Court touch
ing the validity of an act OF Congress as is
applied to IFS enactmenfs when they meet
with the disapprobation of tho President
making il necessary that two-thirds of the
judges shall concur therein 10 give an adj
verse decision binding force and effect.
We fail to sec in this an attack by the Leg
islature on the judiciary, or any reason
therein for apprehension. To cur mind,
1t is matter of regret that the rule sought
to be established has not been the practice
OF the Court when deciding matters that
properly belong TO the people for settle
ment.
The claim OF infallibilIiy is sufficiently
ridiculous to be passed by with little COM
ment, and we feel assured ihat.ihose who
now profess such veneration for the decis-
ions of the Supreme Court would talk in
different strain il it suited their purpose
better The progressive spirit Of the times
is not to be banked in its purpose 10 make
this a free land and every man il, ii free
man by either treachrous President or
reaciionary court. This same tribunal
not long ago Kissed the honid blasphemy
that black man had no rights which
white man is bound to respect, but the
hosts OF freedom were not deferred thereby
and marched in unbroken columns resist
lessly 10 victory.