The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1872-12-02
THE DEMOCRATIC PARTY AND THE
FEDERAL SUPREME COURT. Az

NJ ~--s@'rA I'fpT--t a. L01Ve.1t1 l. - IL.
The ill-judged departure of the Demo
cratic party, years ago, from established
Democratic standards in relation to deci-
sions of the Supreme Court, was exposed
with great clearness ana IRRESISTIBLE logic
by ex-President Van Buren, in a work pub
lished soon after his death, but written
during Mr. Buchanans Administration,
when this borrowed heresy was still in
fresh vogue, Wereferto Mn. VannBlHeHs
" History ~ Political Parties in the Ukited
States, work abounding in Just and sa-
gacious views of Democratcprineipies and
the structure of our Government But
no person conversant with the best Demo
cratic literature needed Mr. Van Buren's
testimony on this subject. No topic is
more frequently dealt with in the writings
of jefferson, and on none did that chief,
apostle of Democracy declare his views
with such clear discernment and constant
impetuous warmth We could easily I'll
columns with various quotations from his
correspondence on this subject, in which
he was never weary of contrasting and
scorning the pretentions OF the Supreme
Court 10 be the dltinfate interpreter Of the
Constitution for all branches Of the Gov
eminent One or two brief extracts may
serve as specimens. 40 . A4,1-1A-lS
It has long been my opinion, and have never
shrunk from It's expression thHt the germ OF DIS
solution Of our Federal Government Is the cOnsti-
tuition Of the Federal Jndiciasy- an Irresponsible
body, working like gravity by night and by day,
gaining little to-d&y and IittIG tomorrow and
aed 81 sSSSs' b ls Il hs A sa SySL a
from the states, aud the government Of all be
consolidated into one.
Again
cannot lay dowumy rSeu ~ =. ...,...--,,,,, D.,
trptb nm ne sunlesis OF NV IttcI Tor in
& consolidation agpTsSeTS 70 Sy tS n
Nllity Oi the cretorr unalarming. instrumen
And , supreme Court -e-
again
Nv construction OF the Constitution is yer
different from that YOU quote. II -this opinion b
sound, then indeed + our Constitution eomplst
frlo Dc Sc For intending to establish three 'de
partmentz coordinate and independent, tha
they might check and balance one another, II ma
given aecoring 20 this 3pinign e. one O Sssl
mpnt Of Others and to that one, toe, which i IN
elected and Independent OF the nation.
And still again
The Judees believing the law 1.-The Allen ant
Seditiou act constitutional. had a right 10 pas
a sentence OF hne and imprisonment becaHs
that power was placed In their hands by the Con
-titution But the Executive, believing the ia'
20 be- unconstitutional. were bound 10 remit tn
execution OF It. because that power had beef
Couhitd 90 them by the Constitution
These extracts will suffice to prove hoy
settled and earnest was Mr. Jefferson
opinion on this subject His view was re
peated with great emphasis by Genera
jackson in his celebrated message vetoin
the United States Bank. A very brie
quotation will show how strenuous an
decided was his position:
The opinion Of the Judges has no more aathorit
over Congress than the opinion Of Congress Ovt
Independent Of both The authority OF the 81
preme Court must not, therefore, be permitted
control Congress or the Executive when actin
tu their Legislative capacities, hut to have on
such Influence n the force Of their reasoning mi
deserve,
This is one of the subjects on which ii
Democratic party must re-estabhsh itse
ON its former landmarks and fight fl
every inch Of the old ground, if it expect
10 preserve the Constitution and success
fully resist the centralizing Tenderness
which are at present so active and usurl
ing Consolidation doctrines are intrencI
ed in what will presently be a unanimol
Republican Supreme Court II viii r.
quire Il whole generation to dislodge the
from that fortress. We must therefor
see to it that the irremediable consolid
ZIONIST Judiciary does not encroach upc
the other departments Of the Government
True, they are all in harmony at present
but that harmony may be broken by ii
next Presidential election, and meanwhi
Democrats must give no sanction or cou
tenace to the unwarranted pretsnsions
that tribunal