The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-04-14

tenseless not q gun being mounted to protect
II. 1t is the most important port aud CITY on
the South Pacific coast has q population OF
$4,000 natives and 10 900 foreigners and is the
entrepot for all central South America. The
greater part of the city, called the Puerto, is
owned by foreigners primer oally-English Ger
mans, and Americans-and the palace OF the
lntenOencia, the Mercantile Exchange. the Post
Office, and the Custom House storeno 1ses all e
within short range ol vessels IN the harbor, ana
IN case OF bombardment cannot fau 20 be
destroy ed, together with three or four hundred
millions OF property. The sacrifice OF lite IN
such an event would be ncalculable for not
one-half of the population could leave the city.
These facts ;ender this intelligence important
to our own county and other neutral powers,
and call for action in the matter. 1t remains
to be seen II The commanders OF the American
and English fleets will consent to the perpetra-
ton oil such a cOwardly and wanion outrage.
Commodore RODGERS, commanding the special
squadron. and Commodore Pearson, command
inc the Pacific squadron, are now in the vicinity
OF valparaiso, and little doubt remains that
they will both not only protest against but
prevent the commission of such crime. IL is
reported that Comodore Rodgers has written to
TREND IN washington that nothing would give
HIM greater pleasure than to receive orders to
sink the NUnldncld, which, he declares, the
Nonddnock can do with ease III five minutes. At
any rate, such an act on the part OF Spain would
not go long unpunished. 1t would arouse the pas
sons ofthe allies and inspire then. to carry the
home TO Spanish cities, and Spanish commerce
would be driven from the sea by Chlian priya-
ICCIS, on IL III the neutral pOrLS OF NATIONS whose
sNmpathies such act would justly awaken.
Such an act would rob Spain not only OF what
little OF the respect OF other people she vet pos
sesscs, but would at once place her without the
pale OF civilized nations.
Enforcement OF the Civil Rights BiH.
From he HO,id.
The Times misrepresents us in advising the
President to refuse to enforce the Civil Rights
BILL This Misrepresentation is laeXcusable.
True, in our issue of April 2, we threw out some
observations on the obligation OF the President
to execute an unconstitutional law; bat we took
pains to show that the question had no imme-
diate relation 10 the Civil Rights bill. writer
must be beignorant of the provisions Of the bill to
suppose that such remarks could have such an
application.
The department intrusted by the bill with the
enforcement OF its provisions, is not the EXeCu-
tive, but the Judiciary is to say, the
Judges OF the Circuit Courts, ne Judges OF the
District Courts, and the Commissioners by them
appointed. There are ''mayS" in the bill for
Il e President, but no must. He "mayr en-
power other persons than the officers mentioned
IN the bill, to commence prosecutions, and he
may II he deems 1t necessary, order the
Judges to hold special sessions OF their courts
at usual places. SO iar as relates to the Presl-
dent, there is III the bill nothing mandatory, but
only permisstve. We stated this with perfect
the Tines alludeS; but rs he knew nothing of
the bill he saw rs little Of the bearing OF our
remarks as man born blind would OF a dis
course on colors.
The enforcement of the Civil Rights law
devolyirg upon the Judiciary, it belongs to the
Judiciary 70 determine whether il is constitu-
tional. The President had to act on it in decid-
ing whether he would sl2u it, and believing it
unconstitutional, he rightly acted on his own
views, and sent IT back with his veto. The
same power OF independent judgment exercised
by the President was also exercised by the two
Houses of Congress, who decided the constitu-
tional question for themselves according to their
view. The President was not bound by their
Interpretation Of the Constitution, nor they by
his; nor are the courts bound by either
In point of fact, there is no machinery for the
execution OF the Civil Rights bill; nor can there
be any TIL Congress surrenders its views, and
adopts those of the esdent. The execution
OF the law is committed to the judiciary, and
u e judiciary system is not in operation in the
excluded States. Why is not Jefferson Davis
tried? Because Chief Jushce Chase alleges that
there are no United States courts IN Virginia
competent 10 try HIM. The radical Chief JUS
tice has refused to hold his circuits in Virginia,
on the ground that it is not properly organized
State; and it is only in States that the United
States courts can be held.
1t is entirely true that il Virginia is only
Territory, or if K stands TO Government in the
same relations a Territory, it cannot have
the beneht OF the Federal Judiciary system.
The United States Courts and the Territorial
Courts are organized on entirely different and
incompatible systems. The Constitution declares
that the judicial power OF the United States
shall be vested in one Supreme Court and
such Inferior Courts as the Congress ma,
from time to time, ordaln and establish. The
Judges both OF the Supreme and inferior Courts
shall hold their offices during good behavior"
The Judges OF the Territorial Courts never hold
Office during good behavior; their commissions
being tenn porary, generally running for period
OF years. Chief Justice Marshall said, speaking
of Territorial Courts;-'These Courts, then, are
not Constitutional Courts, in which the judicial
power conferred by the general Government can
be deposited. They are incapable OF receiving
it,"
The Civil Rights bill gives to Territorial
courts, well the Circuit and District courts
of the United States authority to enforce it,;
but neither system is in operation in the eX-
cluded States. The United States Chief Justice
assigns as a reason for not holding courts
therein, that some legislation by Congress is
necessary. Ii those States are to be treated as
Territories, a Territorial judiciary must be pro-
videG for them and then the Civil Rights bllf
can be executed. Or if the radical Chief
Justice and the other radicals abandon their
grounu and admit that they are States aud the
courts are held iH them as OF old, then also
there will be chance OF iCs execution. But the
new law will lie a dead letter in the statute
| book, until the radicals either yield their
ground, or take further and final steps for de-
! grading the States into Ter itories. A law,
| which, by its own terms, depends on the Judi.
| ciary for enforcement, obviously cannot be en-.
forced until there is a judiciary of some kind,
| either Federal or territorial, to execute it.