The Sun.
London, England, 1868-02-06 00:00:00

THE SUN, LONDON, THIYSDAY EVENING-, FEBRUARY 6, 1868.

THE St PREME Co UI?T UORUM 13 opposition to the Legislature. Neither
nor his courage can be dis t d Ipu e le
Q pheiso opblestiinincy

The full reports of the Acts introduced into
Congress in antagonism to the PRESIDENT
show that a grave crisis has arrived in the
United States. Congress first met breathing hosti-
lity to ANDREW JOHNSON. The President of the
Senate and the Speaker of the House counted the
days till the Legislature would assemble, and effec-
tually check the career of thalpccupant of the White
House. So able and determined was the Message of
the PRESIDENT,so complete the collapse of impeach-
ment, that men hoped the more violent Radical leaders
had but indulged in empty threats. The meeting
of Congress after the recess, when business really
began, has effectually dispelled this delusion. The
sudden rise in the price of gold, which appeared so
unaccountable in Europe, is explained by the open
and unrestrained attacks by the Legislature on the
Chief of the Executive. On the 13th January the
House passed a bill providing that six Judges must
be present to form a quorum of the Supreme Court,
and that the concurrence of two-thirds of the
members of the whole Court shall be necessary to
decide a case against the validity of a of Con-
gress. " The Supreme Court Quorum Bill" was
passed by a strict vote of 116 to 39. Debate was
cut off, the rules of the House suspended, and a
resolution adopted that no motion to adjourn should
be entertained. The reason of the haste in thus
dealing with one of the gravest measures that ever
came before Congress, was the fear of a decision by
the Supreme Court against the constitutionality of
the Reconstruction Acts on a case now pending.
The Supreme Court at present consists of but eight
Judges, as the vacancy caused by the death of Jus-
tice WAYNE has, by the decree of Congress, not
been filled. Of these, five were appointed by Pre-
sident LINCOLN, and three by Presidents of the
Democratic party. It is said to be well known that
five of these Justices hold the Reconstruction Act
to be unconstitutional. The case on which an early
decision is looked for is that of Mr. MCARDLE,
editor of the Vicksburgh Times. General ORD ar-
rested him on charges of publishing libels on officers
of the Freedmen's Bureau, of inciting to a breach of
the public peace, and of writing with the intention of
intimidating loyal voters to the hindrance of Recon-
struction in Mississippi. He was brought for trial
before a military commission, but on a writ of Habeas
Corpus,the was produced in the United States District
Court; and, after hearing argument, Judge HILL re-
manded him to the custody of the District Comman-
der's Deputy, Gen. GILLEN!. It is on appeal from
this decision that the Supreme Court will have to pro-
nounce, and on that judgment must hinge the con-
stitutionality of the Reconstruction laws upon which
General ORD acted. The case was brought before
the Supreme Court on the 17th ult., when Senator
TRUMBULL, of Illinois, appeared as counsel for the
Government, Gen. STANBERRT declining, as he had
already decided against the acts. The New York World
contends, that the Supreme Court Quorum Bill, if
passed, will act prejudicially against justice. In
controversies between individuals about property,
the validity of Acts of Congress must nearly always
come before the Court; and the effect of the measure
would be, that the votes of six Judges would be ne-
ictessyssairiydittoy
;setati3r lawe cgohutlsdazintain
by the disputed law will have an advantage over him
rea:liadeep,awr Itlyilwehtobsreerei
whose rights are infringed by it. Thus the scales of
justice would not be equally balanced, and the
suitors before the Supreme Court, the highest tribu-
nal in the United States, would stand on an unequal
footing. 'Under all the circumstances, the New
York _Nation disapproves this measure. Although a
powerful-advocate of the Congressional plan of Re-
construction, it writes as follows : —" Another great
objection is, that it is an attempt by a party vote—
the party being one which has just been defeated in
an appeal to the country—and at a time of great
excitement, and for a temporary purpose, and with
the view of affecting a particular decision, to
change the constitution of the highest judicial tri-
bunal in the country." At the same time, it con-
siders that had the measure been brought forward
by competent men, in quiet times, and after
mature deliberation, it might not have had a
word to say against it. The danger of such
trifling with the constitutional bulwark is that it
annihilates the bulwark as a barrier. The conve-
nience of the moment necessitates a change to tha
party in power. The convenience of next year may
necessitate another change for the party then in
power ; and if the great check, the final appeal of
Americans, is to be doctored so as to suit the
itschang-
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mere instrument of tyranny. Some may urge
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party openly legislating to centre the whole power
of the Union in its hands. The Nation contends
(and in our opinion justly)-4, That any inter-
ference of the Supreme Court with the process of
reconstruction, as Congress is u carr •pg it on, would
be legislation, and legislation of the highest order,
no matter by what name it was called. Clothing
it in the form of a judicial decision would not alter
its character. It would be in reality the assumption
by the Court—nay, by five members of the Court
acting under no responsibility to the
power to _decide on what terms and conditions
peace should be made between the parties to one of
the bloodiest and most exten • sive wars on record.
Nothing could make an act of this
sort anything
but a political act. There would not be enough
law in it to give it even the faintest odaur of a Judi-
cial decision. It would be absurd to suppose that
anybody would be imposed upon by its being
called a judgment,' and by the production of a
plaintiff and defendant to support it. More-
over nothing can be more certain than that the
founders of the Government never
dreamed of
the Court playing any such part. They acknow-
ledged that for such a convulsion as
we have just
passed through, for an armed attempt
on the part
of a great combination of States to overthrow the
Government, they could neither make
provision nor
offer counsel. We may be sure that, if they allowed
themselves at all to foreshadow the course or con-
sequences of such a conflict, they never contem-
plated the possibility of the Supreme Court framing
the treaty of peace ; for this is what the interference
of the Court in this matter of reconstruction really
would mean. It has already held the war with the
rebels to be a regular territorial war, attended with
all the incidents of a conflict with an alien enemy.
If, after this, it were to step in and say what Con-
gress might not do, by way of restoring peace and
order, it would be tantamount to the drafting of a
treaty of peace—an act in all respects political, and
in no way judicial." But this journals adds, that it
hopes and believes that the Supreme Court'would not
interfere, and if so the action of the House is uncalled
for. We the more readily introduce the words of
the Nation, as they contain an admission on a point
at present much discussed in England though be-
side our subject. We allude to the letters of His-
torkus on the premature recognition of the South
by England, as belligerents, and Mr. SEWARD'S
assertion that the war was but a domestic trouble.
The effect of the passage through the House of this
act may be judged by the rise in the price of gold,
which went up 8 per cent. in a week. It is the
boldest step yet taken, and Congress has to learn
how it will be received by the country. If the Se-
nate adopts the measure, the PRESIDENT'S veto will
in all probability be over-ruled by the two-thirds
majority, and Mr. JOHNSON'S course perhaps decided
by the public feeling. The character of ANDREW
JOHNSON is rising into an importance even greater
than that of any man of our age. He is placed in
a position of fearful difficulty, for perhaps on him
will hinge the question of another civil war in the
United States. He has distinctly signified in his
Message how he intended to act under certain cir-
cumstances. Those circumstances are now occur-
ring ; and there can be no doubt that Congress has
deliberately accepted the challenge, and intends to
crush all opposition to its policy of Reconstruc-
tion. It is clear from the tone of the Press that the
determination characterizing the PeEsiDENT,together
with the ability of his Messages, have raised him in
the estimation of his countrymen, and it is generally
I thought that he is supported by the majority of the

is detily imbued with the soundness of his opinions,
and he is penetrated with the absolute necessity of
preserving the Constitution he has sworn to defend,
and checking what he considers the unlawful
usurpation of the Legislature. Congress is equally
obstinate, and equally satisfied of the necessity of
its measures. One or the other, must give way.
The PRESIDENT will probably wait for the decision
of the Supreme Court if the case can be brought up
in time, and should the majority of the justices, as
is anticipated, decide against the acts on which
General ORD issued his orders, he will perhaps ac-
cept that decision as conclusive, and shape his
course in accordance. But he must feel that he is
backed by the greater portion of the nation, or the
overwhelming responsibility that would otherwise
fall upon one man would be almost too much for
human nature. Congress is sheltered by the crowd,
though it is clear that many of the " weak-kneed"
members are whipped up in fear and trembling to
their places. ANDREW JOHNSON must act alone ;
and if he oomes well out of this ordeal, he will take
•
a place in history, and assume a position among his
contemporaries which the United States never ac-
corded to any but to those who have displayed the
highest qualities of courage and of endurance.—
, Anglo-American Times.