The New York herald., 1867-04-28
! Tho Part Of Hamlet Loft Ous.


We gave to our readers yesterday, Ii ssi;.
the argument Of Attorney General Stanbery
in behalf Of the United States, and the argu-
ment Of Mr.. Charles O'Conor in behalf Of the
State Of Georgia, praying an injunction re-
straining Edwin N. Stanton, Secretary of War,
General Grant and General Pope from the
execution in the said State of Georgia Of the
so-called Reconstruction laws of Congress, on
the ground of their unconstitutionality. The
Attorney General pleads for the dismissal of
these Georgia and Mississippi injunction cases
on the ground that the Supreme Court has no
jurisdiction over them. He rests his argument
upon an objection to this Georgia case as not
being, in fact, what the constitution contem-
plates in case between State and citizen
or citizens of another or other States, but that
at best it is only q case between State and
certain officers Of the United States, wholly
unauthorized by the constitution. The At
torney General declines to touch the political
issue whether Georgia, in law, is or is not
State of the Union, satisfying himself with
turning the question over to Congress and the
Executive. But Mr.. O'Conor, on the other
hand, contends that Georgia, to all intents and
purposes 10 State Is she stands, and that If
Congress can lawfully interfere in her case, as
In these reconstruction laws, then "they may,
by way of punishment upon the white inhabi-
tanss Of New York, for not granting, under their
State constitution, the fran chise to the colored
people, declare them disloyai TO the moral
and liberal principles Of the present day, and
disfranchise the whole Of them, and place TIE
elective franchise exclusively IN the hands II
negroes, or exclusively In tho hands of In
dians, or in any other GLASS they may see ct to
select"
So fAr goes Mr.. O'Conor in ncontsnding for the
State rights Of Georgia against these laws of
Congress He wants an opinion from the
Court whether Georgia is constitutionslly
now State or not We regret that the At
torney General did not consider It worth while
to consider this question. As We understand
the matter in litigation, it all hinges upon and
comes from certain unsuccessful four years.
war against the government of the United
States, by Georgia, Mississippi and other con-
federated rebellious States; but In all the six
newspaper columns Of these legal pleadings
we have no clear allusion TO this war ON either
side The cases thus presented, pro and con,
before the Supreme Court make up "the play
Of Hamlet with the part Of Hamlet left out"
or rather the tragedy Of Macbeth, with the
witches and their incantations, and the murder
Of King Duncan and Banquo omitted, as not
essential to the argument.
But why should the Attorney General hesi-
tate TO meet this question, whether Georgia is
or is not legally Statei Was he afraid Of
treading upon the corns Of the PRESIDENT Did
he consider this such dangerous ground that,
looking at Mr.. johnson, II was unsafe TO touch
i'll We think that Mr.. Stanbery threw away
beautiful opportunity for proving from the
mouth and the pen of President Johnson him
self the disabled condition Of Georgia as State
in consequence of her rebellion, and the broad
and exclusive powers which belong to Congress
in such cases. Mr.. Johnsons farewell speeches
in Tennessee, his instructions to his provisional
governors and his first message to Congress
embrace the materials for splendid justifica-
ton Of these acts Of Congress before the
Supreme Court; but as in this event the other
side might have made up their answer from
Mr.. Johnsons vetoes, we suppose that, still
looking back at the President, the Attorney
General in this business acted wisely in ignor-
ing the rebellion entirely. 1t is to be hoped,
however, that the Court in It's decision, viii
recognize the fact of the rebellion, the fact Of
its suppression, the fact that the war for the
Union was not failure. and the fact, too,
that the sovereign will Of the people Of the
loyal States on this business, as expressed
through Congress, is not only the law for
Georgia, but for the Supreme Court as well As
the President of the United States.
Anerican Artists nj the Paris Expesisisa.
"Hubble, bubble, bursti" So explode many