The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-01-13

President johnson says the acts of
secession, by the Southern States,
were void and mere utilities, not
authorized by the Constitution or by
law and, therefore, those States
passing them were not legally out of
the Union, and have right to return
and form a part oft. SO said every
newspaper in the, loyal States-so
said the public speakers and the entire
mass of the people when these acts
were passed and the war began. 1t
was this thought that induced the
North to spring to aims to crush ont
the rebellion. This is the doctrine of
the Democracy and of conservative
Republicans.
The Radicals now claim that these
acts of secession carried the Southern
States out of the Union, and that we
have conquered them as enemy coun-
tries, and hold andmust govern them
as subiugated territories until Con
gress shall admit them rs States.
This shows the Executive and Le-
gislative branches are radically op-
posed in opinion. Where stands the
Judicial branch Oh this question ??
Unless it tacks about with the same
suddenncss that the Radicals have
done, it will be with the President.
The question is not of legislative
character, but is strictly political
one, involving the status OF States
heretofore admitted into the Union
by acts Of Congress which remain un-
repealed ON the statute book The
| Supreme Court has often said that all
such questions were for the decision
of the political branch of the Govern
ment !; and that the judiciary were
bound to recognize and follow it's
action. In Borden V. Luther al
Howard, p. y this point was express
ly determined. The question was
between the Old charter Government
of Rhode Island and that set uD
under Dorr. President Tyler having,
by his acts. recognized the charter
Government, the Supreme Court held
that it was bound by it, because. in
relation of all s,lchqucstions, and the
adoption Of constitutions, and amend
ments, &c, they were bound to follow
the President.
This decision must control the
whole Federal Judiciary on the ques-
ton before us. But the present Su-
preme Court is committed on this
subject. and is bound by It's own acts.
1t has kept upon its docket, and now
has some seventy causes on appeal
and writ of error, from the secession
States, avowedly kept there until its
mandates could be executed in the
States they come from by officers of
acknowledged authority. Ii those
States had gone ont of the Union
when their secession acts passed. then
the Court should have stricken these
Went out OF the Union and shoAld be
readmitted, it would not restore the
jurisdiction of the Court. 1t is un-
questionably true that the Court
acted upon the belief that the acts of
secession We're void, and that the
States remain in the Union.
The Supreme Court has otherwise
committed itself on this subject At
its December Term, 1868, cd Black S,
. it allotted the Circuits under the Act
of Congress. 1t awarded under the
Act of July Is, 1862, to the Chief
Justice, Delaware Maryland, Vir-
ginia and North Carolina, they form
ing the Fourth Cir@,it. TO Judge
Wayne, SOUTH Carolina, Georgia,
Alabama, Mississippi and Florida,
this forming the Fifth Circuit 70
Judge Catron, the Sixth Circuit, con-
sisting of Texas, Louisiana, Arilan
sas, kentucky and Tennessee which
| include all the secession States
Did the Court, when making this
allotment, believe on imagine that a
part Of the Chief Justices, and most
all Of Judge Catron's circuit, and the
whole OF Judge Wayne's, were out OF
the Union-were conquered terrific
ries? Clearly, they believed no such
thing. Their acts forbid US believing
any such thing. But there is stronger
evidence of this opinion of the Su-
preme Court. When the war broke
out, Judge Marvin was District Judge
for the Southern District Of Florida,
residing at Key West He has since
resigned, and another has been ap-
pointed Judge That Court has to
this day, with its Marshal, District
Attorney and Clerk, held its regular
terms. The Government, in 1862,
instituted five suits in that Court
against vessels and their cargoes, each
Of which was appealed to the Su-
preme Court, which took jurisdiction
of and decided them, four in favor of !
the Government and one against it.
1t has, In these cases, sent down to
the State of Florida five of its man