The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1869-12-17
CoNGREssIoNAL aEsIs.

fame unknown, proposes to make
law providing that the Supreme Court
shall not have power to pass upon the
Constitutionality of any act df Con-
grsss that is OF q political character,
and proposing to particularly specify
what acts are political. We believe
that similar act was heretofore pass
ed by Congress, or attempted to be
passed. Such law might do very
we'll, if it did not also take q promis-
ing chance of being declared uncon-
stitutional by the Supreme Court.
What then?
Only think of the enormity and alb
surdity of the proposition, 1--WE should
not notice it but for the probability
that it will be sanctioned, as what pre-
posterousness has not been, by Con-
gress. 1t is an attempt by one Depart
ment of Government to tie the hands
of coequal department-the annihi-
lation of the Judiciary by the IIegisla-
ture. The Congress can have n right
to say that the Supreme Cour shall
not take cognizance of a certain case.
To say so is to argue that it may pro-
hibit the examination and deciding of
any case and all eases. And further,
what case can come before the Su-
preme Court that il without its polit-
zeal bearing? The laws are all enact
ed by a political body, and eve ry sin
gle question that arises in the admin
istration of those laws may go directly
to the very marrow of politics. The
rights of persons and property are
what our complex system of laws is
made to guard, and the means TO the
end IS whatmen quarrel about and
where parties find their origin The
illegal substitution of paper for the
hard metal, made legal to be used for
money by the Constitution, is q Iolitic-
al question. The creation of despot-
&c military tribunals, where men are to
be tried for their lives in defiance of
the Constitution, is another such xues-
tion. To cut the matter short, poll
tics is the presiding genius Of the
law.
It may seem frivolous to regard with
apprehension a proposition of such ut
ter absurdity, and such naked wicked
ness. And ordinarially it would be
so. But we have left us too many
mournful examples of the legislation
of the Congressional majority to leave
a doubt of its capacity to do the most
unheard of things and to run into any
excess that passion or partisan C, ,nsid-
erations may suggest.
A veritable Smith from Tenn tessee
has introduced resolution into Con-
gress annulling the late Tennesses cleo
ton. Certainly, do so by all m cans.
If you can't carry elections at the polls
set them aside by Congressional die
tum, and hold a new State election al
WasIington 1t is also proposed TO
put Georgia through the reconstruc-
ton mill once more, one Shanks hay-
ing introduced bill for that pur pose.
BY this bill Gen. heode IS required to
convene the Legislature and. ID, re-
qltire each member TO take the recon
struction oath. The Legislature then
constituted Is required to Tatify the
18th Amendment under penalty OF be-
ing kept out of Congress. This is free
government with vengeance. At this
rate the 18th Amendment viii be adopt,
ed, but what will that adoption signify /?
Not the expressed will of the peop ple-
not determination ON the part OF the
voters of America to alter the fuinda-
mental law In accordance with the
forms prescribed In the Constitution ;
but it viii signify fraud and force. It
is one of the most lamentable features
of this country that men will slide
along in their party grooves into an in
dorsement of such political wicked
ness as this. We don't think Smith s
resolution will succeed. It is only a
feeler. Public opinion may not
bear it just yet. A year or two he nee
it may. Shanks' bill, however, will
become law, We are educated f fully
up to that point. And thus the tide of
fanaticism flows. Each succeeding
wave rises righeE and encroaches more
upon the land marks of our liberties.
Only few years since if ma had
had the tenerity to have proposed by
Legislative enactment to destroy q CO.
ordinate branch of the Government.
like the Supreme Court, or to set
aside the election of State, or to re-
quire that Legislature should be
purged and made to enact particular
measures by military interference, he
would have been esteemed mailman
or fool. In these days the man be-
comes light and leader in the land.
And they say that this proves the
truth of that hackneyed sentence
Revolutions never go backwards. 4
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