The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-12-12
Republican BrovOdO Against the South

Republican BrNvado Against the South.
From the Wortd.
AS thousand copies OF the World reach
Southern readers for one of toe Times, we give
the following warning the advantage of Il better
vehicle:-
1--WE can tell the South something more. Unless
the pending amendment be accep pted by the south
Organizations at the south NAV be considered fixed
We lnuulge III no menace. We affect no prophetic
claim to NO Re sa s9s spd lay
TACT which the South cannot too quickly compre-
hend and that is that, in the absence OF setgle-
ment based upon the proposed amendment, Congress
will affirm the terri oria existence OF the South,
and machinery OF government and provide tor the
organization OF territories On plan suited to the
emergency. Are the Southern people prepared Tor
"TIe course alluded to is besst with difcultie'. we
knew. 1t is not one we should choose II any method
renamed 1Or averting IT. The method we have
favored requires the concurrenc of the Southern
States OF part OF them and their refusal to concur
renders II impTactcabe. They have vet time to
consider their declslon, ar 10 concede matter
OF expediency what they have denied as matter of
principle. But they must act quickly, or the chance
OF repentance will be lost 10 them. For the ques-
tion OF restoration or reconstruction cannot be left
open much longer. And we are convinced that, as
last resort, Congress will close it by an unhnching
application of he Territorial policy"
In aiding the transmission of this threat to
its ostensible destination, it may not be amiss
to accompany it with few appreciatory obser-
vations. The editor of the paper in which it
appears has standing to regaia in the Republi-
Can party, and aims to atone for past dcserton
by present servilitY. This warning is really
addressed to Northern Republicans; 1t is in
tended to signify the readiness OF the Times to
abet and advocate the most ultra measures of
that party.
A point of more Importance is the reality of
the pretended DANGER That Congress will act
as the Times pl edicts, there is no good reason TO
doubt. Although the editor OF the Times has no
foresIght-as his frequent whiffling changes
attest-he Is a quick observer OF immediate
tenoencies. His opluion of the temper aud
designs of Congress conform like vane, to
the present direction of the wind. We assume,
therefore, that Congress will attempt to pass a
bill for degrading the Southern States into Ter
ritories.
II behooves the South to look this subject un-
shlinkngly in the face, and make an honest
estimate of probabilities Can such a scheme
succeed? Ii is futile to inquire whether it is
I constitutional for the Republican party has no
4 respect tor the Constitution. 1t assumes that
I Congress, like the Parliament of Great Britain,
is omnipotent and that its Will, not the Consti-
! tuition, is the supreme law OF the land. But
! fortunately all its laws may be made to pass
! another ordeal, an ordeal less swayed by the
breath OF popular passions. The Supreme
| Count, consisting Of Judges who hold by an
! independent tenure, are clothed with authority
! to declare null and void any law that conflicts
! with the Constitution. Their decision against a
! law has this advantage over the veto of the
| President, that no majority can overrule it.
| When the President vetoes a bill it Is forthwith
! sent back for the reconsideration OF Congress,
| and two-thirds of both Houses can repass il.
! But law declared null by the Supreme Court
| does not 20 back for review-it dies like a brute
| beast, without hope OF resurrection. Even if
| both Houses were unanimous, even ii they had
| the President TO back them, their combined
| Will could not prevail against decision of the
| Supreme Court.
The real question for the Southern States to
| ask themselves, IN view OF the deieasance and
| humiliation with which they are threatened is
| this:-Whether they will assume the risk of Con.
| gIess being able 10 enforce a law certain TO be
| declared unconstitutional by the Supreme Court
| Unless Congress is prepared TO go this length
unless it thinks 1t can succeed in the attempt,
the threat OF reducing the States TO Territorial
| subiuealion is mere bluster and bravado. Con
| eress has no executive authority whatever, MOI
| has it any power to coerce the two great co-ord
| nate departments OF the Government which are
| as Independent in their respective spheres as
| the Two Houses OF Congress are in theirs.
Tie framing of an efficient Territorial law
| adequate to the government of great populous
| States; adequate to their government in oppo-
sltion both TO their own will and that OF the
| President, will be found, on trial task of such
difficulty, that it is doubtful if Congress can be
brought TO agree on the details of BILL The
| certainty OF its being vetoed renders II neces
! saIy that 1t should command the assent OF two
| thuds of both Houses-a degree of unanImity
which the Republican party in Congress Will
not easily reach in the details of so impractl-
cable project But these difficulties, whatever
their value, may be safely laid out OF the esti
| mate, 5since the project Is certain TO be wrecked
| against the Supreme Court We, therefore, ad
wise the South to treat this menace with deri-
| sive contempt.
We would gladly learn from the Republicans
who blandish this foolish menace, how law is
| to be enforced which the Supreme Court de
clares unconstitutional When this can be tol,