The southern enterprise. [volume] (Greenville, S.C.) 1854-1870, 1867-05-16
! A PowKarvL ARoum, ,sr-The N,.

abie argument Of K. q. Walker, ESQ.
before the Supre,ne Court. on Friday
last. i,s great length ptecludes i,s
publication in our paper, bu: we ex,rac,
the su!j .iped remark. fio,n lhe iutelli,
geneer's comments. which will give our
readers some idea Of the points made !
| W. do not propose TO follow Mr..
Walker through lis mastery agu
pen.. We publish the speech in full.
II speaks for itself, \ /, is ihe c,owning
effnt OF life illustrated by eminrn,
,p,vieve, and ip-fo,re Of reasoriny. in
bread h of Craftsmanship. in Familiarity y
WITH constitutional principles. aud in
aptitude sud in fertility. Of illustration,
IL is destined 20 lake rank with the
great mSsI rpirces Of forensic eloquence,
and foreyer, settle Mr.. Walkers place
amongst The great constitutional Law
yers IF this counary. gerr r,.sg. .r.s SIS
There are several points, however.
~hich we cannot frbearl noticing..--
lWe think MIR. Walker has silenced the
the outcry against political drcisiuns.
lie has moi left shred Of argument
with which that demagogic cry can he
maintaiued. Uss shows that most of the
great decisions " hich sprung from the
grea, brain Of n Marshall. or were illus
traied by the learning Of n Story, have
hptn political in their character. The
Unired States Bark. dividing parties at
the outset Of the Government, and fur
nj hing the poia; on which several Pres
ideuriaF contests hinged. was not ruled
ont of court on the ground Of It's being
a political question. The tanff is n po
lirical qre,li"n. as is The question in
vol,cd in the Milligan case aud the test
oath. So too tho constrnclicn of treat
les involved the highest polilicsl cum
sileraiions, yet, by the terms Of the
Cons titution. was Imposed upon the
Supreme Court /; aud the various ci,a.
tinns made and illustrations offered ate
woven into an irrefragabe argument
agsiust The absWdiiy of the clamor
against political decisions.
Another point presented with great
power j. that on the function of The Su
pieme Gnur, ~ the expressly created
tribunal Ia which the States are entitled
TO appeal. when aggrirve,l by an inva-
SION of their c"u-,;tu,i,n"l sight. aud
the argument that To deny ,hem redless
instead "f pr"nouncing on their c!air"s
WAS To ,ifv secession, hv showing
cause for It, is Irresistible. This is play
ing into the hands of extremists. AR.
Walker qnni,tl. with grea, f.rce. :he
ad, ice given 10y Jackson, Clay, Webs'e er
| and others TO South Car olina, in nullif
alton times. 10 appeal 10 the courts in
stead Of setting aside the legislation Of
Congress.
The status "f The States after the in
SUR, ction was suppressed, WAS very
happily presented. After foreign
war, aud the wilhdrawal Of ,he f,rce
which overlhrew the administration oi
law in any State, its citizens would be
restored To their constitutional rights
and could. OF ,heir own motion. ie OF.
gsnize the State Government under the
same constitution, or create another
and make il to Huit them. sui ject ohlv
To the Constitution ofthe United States,
So, wheIi the insurgent power Of re>
bel!i III was orerrhiown, it's ordinances
"f secession being nulIiies. its officers
created under huslie regime hring IL,
Iega., the ci'izens were enlll-d 10 recon
sruct under the same constitution exist
| ing b frro rebellion, or under one al
tered d, themselves. But they are cit
iz..ns-eni,lel 10 q cIrizen's rights
hj.ct 10 ciriztns penalties for mis-
conduct.
The conquered province theory met
with m better fate Imam the here sy ol
puiilicYi rl,ini,u- II WAS shcwn tha,
| the late war MAS not war within the
meaning Of the Constiluii,L; il WAS
simply n suppression Of rebellion. The
territory WIS not corqnrrcd territory
its people were citizens OF The UniIed
SIate-, restored to their constitutional
obliga,inns-not aliens subject to the
mere will of surces>ful enemy. The
concluding appeal to the court not to
indulge in MI evasion Of their duty, by
acting as those who wished the down.
fall of our Government would have
them. but to dischsree their obligations
rs the high court of las, resort, was
most eloquent and impressive. The
speech aud It's arguments will long be
quoted asa mas,erly analysis of the
powers Of the Government, and an ex'
haustive exp"sition Of the functions o
the supreme jndicarure, and powerful
vindicuriou Of the principles Of constilu
lionai government.
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A YOUNG lady having set her cap
for raihrr large specimen Of The on