The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1869-12-11
ne Two HssAses-Wsndsn Phillips and tia
United States Courts.

ne Two Hssases-Wsndsn Phillips and the
Cnited States Courts.
Two messages vs-c delivered to Congress at
the beginning Of the December session-one
by General Grant, last Monday, and one by
Wendell Phillips, at Newburypot, few days
I previous. One was a matter of State cere-
mony, signifying nothing; the other was an
enunciation of principles and policy; mes
! sage which meant something; message to be
\ obeyed and enforced. Grants message was
distributed coldly among the committees, for
their consideration, to report when the mem
bers were ready, this year or next. Phillips
message brought distinguished Senator to
his feet with response in the shape of the
first bill of the session 1.-THE Southern whites
have got business and wealth, and have cap
tured the Supreme Court A worse than a
fancy yields its thunderbolts to-dayr' Mr..
Phillips declared. "a recreant Republican
who drags his ermine through the infamy of
Tanlmany Hall, means TO contest his election
with the candidate of the Republican party"
Nail the colors, no forgiveness, to the mast"
This is Dir. Phillips message, and like call
of prophetic inspiration, it is answered by Sem
ton of the United States Courts, and prohibit
them from declaring any act or resolution of
Congress invalid for supposed unconstitution-
atty This bill, in some form, viii pass
Phillips is the prophet of Radicalism. His is
1.-THE voice crying in the Wilderness" announc-
ing the greater to come after. He declares
war upon the Supreme Court, and war il will
be. -Four years ago he declared war upon the
Executive, and two giant powers Of the Gov
eminent grappled in mighty combat. johnson
made IA noble, a desperate fight, but Grant
saecumbed the first week Congress turned
its eyes upon him. The Executive has been
subjugated by the Congressional mob and is
now but little more than a registrar of legisla-
tive edicts; q waiter at the Congressional table;
newer Of wood and drawer of water for its
betters. We shall now see of what stuff the
Supreme Court is made. If the bill becomes a
law, It sweeps away. like so many cobwebs,
every impeachment in the path of a complete,
unlimited, irresponsible domination. II is no
half-hearted measure, sneaking, through devil
Gus, technical windings, TO the accomplishment
Of cowardly purposes; it is the sharp steel
that cuts this Government loose from the Con-
stitution and from all restraint; enthroning
the Legislative power as the supreme dictator
of the nation. But the Supreme Court may
have something to say about this little bill be-
| fore it quietly submits TO be strangled on its
bench. Congress may yet discover that there
is "a higher law" than it can make-a law su-
preme, which the L. 5. courts were created
TO defend and to vindicate. The Constitution
has created these courts, not Congress, and
has defined their jurisdiction. 1t has given
them jurisdiction Of Congressional acts, and
conferred the authority to declare them void
when they pass beyond the bounds which
have been marked out for them. The Su-
preme Court may be starved to death by the
refusal of Congress to pass the necessary APP
Preparations for salaries-and We shall expect
! to see this attempt made. 1t has already tam
| Pered with the independence Of the Judges.
| The Court has been constructed and recon-
structed; enlarged and diminished; trimmed
here and eliminated there; its old men have
been turned out of Court and their seats filed
by politicians more noted for partisan violence
than judicial learning. Though the Court has
sometimes shown "A disposition to preserve
peace by evading issues, it has generally MAIN
tanned lis dignity and independence with reas-
enable success. The Court is not likely now
to surrender at the call of Mr.. brakes bill.
Mr.. Phillips may sound the bugle for the an
initiation of this department Of the Govern
ment, but he will find a Chief Justice at the
head of it who will not be frightened at
little noise or unconstitutional legislation.
Mr.. Phillips may make Mr.. Chase President
Of the United States, but he will not unmake
him Chief Justice until after q fight as long
and as desperate as the late struggle between
Congress and the Executive. IT'D.