The Conservative. (M'connelsville, Ohio) 1866-1871, 1869-11-12
9OIhnaI.
WHAT CONSTITUTES THE
GOEERNM EMIT

well Understood what really constitut-
cd the government Of the United
States. But political philosophers and
sdrdns are continually making new dis
coveries, some of them being both nov
el and wonderful The latest discove-
ry in this line that we have seen, we
find in that learned and erudite jour
nal, the Philadelphia Press. In com
menting on the decision Of the SUI
prcme Court in the Yerger case il says:
'If Congress accepts the law as ex-
pounded by the Supreme Court-one
of its creations, and applies il to mil
itary tribunal-another Of its creations
and then has the second creation
overruled by the first, this instability
is the death of every enactment. Con-
gress becomes nothing more than q
shuttlecock, and at every turn is met
with blow from the battledore Of the
Supreme Court
The learned Doctor of Laws who pen
ned the above, probably knew as much
law rs that other learned doctor
who doffcd her petticoats and posted
from Padua into the Venitian court of
Justice to render her remarkably nice
decision upon Shylocks bond. lie
might know less, certainly not more.
Had he taken occasion to read the
Constitution of the United States be-
fore inditing his article, he would have
discovered the tolerably prominent
fact that the Supreme Court is not a
creation Of Congress, but the creation
of the same power that created Con-
Rress itself-namely the People Of the
United States in Convention assem-
bled. He would have found, further
more, that the Government as an entire
ty was created by the three first arti-
cles Of the Constitution, and consists
Of three coordinate branches, the lie,
gislative, the Executive and tho Judi
ciary, to de-vitalze either Of which, is
10 destroy the Government itself.
Neither branch is Independent, and
each was created to be check upon
the others, the trio is to be perfect
whole. Their operations are simple. -
Congress enacts laws, the Executive
sees that they arc properly enforced,
and the Judiciary construes them and
determines their validity upon consti-
tutional grounds. This is going upon
the supposition that each branch con-
fines itself strictly to its sphere, and
does not seek to transcend its powers.
During the last ten years, however two
of the coordinate branches have made
bold attempts to assume the absolute
control
In this connection we have n remark
TO make. During the administration
of President Lincoln, the theory Of the
Republican party was that the Exccu-
tive was the Government, and it was
made treason to speak disrespectfully
Of him. 1t was held to be "a treasona'
ble practice" to even deny that Presi-
dent Lincoln was the government, and
not e few men suffered punishment
therefor. Even coins under the reign
OF President Lincoln were stamped
with an imperial motto. Upon the ac-
oession of Mr.. johnson to the Execu-
tive chair, new phase was given to
the matter Congress then laid claim
to the imperial scepter, and the Exec
utive was stripped of its rightful pow
ers and privileges as coordinate
branch of the government.
The Press writer it would appear,
sets up his claim for Congress The
reason is obvious. The Republican
party is ready to claim absolute gov
ernmental power for either branch
that will run the government accord:
ing to the policy Of its leaders There
fore, if next year, both the Executive
and Congress should prove unreliable
the judiciary signify its willingness to
enforce Radical dogmas, tho party
would at once crown it as tho govern,
ment, and seek to override both the
other branches through its decisions.
This discloses the danger of entrust-
ing the administration of the govern,
ment in the hands of party that
seeks to destroy it by arrsying one de-
partment against the other for the
sake Of party ascendency An uncon.
sti'utional law may be enacted, and il
will continue the law of the land until
It's decided unconstitutional by the
Supreme Court, after which it cannot
be enforced, The propriety Of this is
seen at a glance, By collusion between
the Executive and Congress, laws in
contravention of the genius of our lib
critics and TO the destruction of all the
civil rights of the people might be en-
acted and enforced But the rightful
powers of the Judiciary prevents this
so that with the government rightly
administered, with the rights and pow
ers of the coordinate branches main
tanned, no two branches combined, or
one attempting il alone can ieopardize
or destroy the rights and liberties of
the people This is what constituted
ours "the best government the world
oyer saw" the maintenance of which
in accord with the plan ofits founders
should be the dearest aim of every
American citizens existence