The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1867-03-28

last are forbidden by statutes. oil that is left
I'D extreme cases, where the suffering is in
tolerablesand the prospect is good relief by
action Of the people without FORMS. of law
ito do as did Han.pdea and JEashjagton, aat
restore action spithoat those forms, and abide b
I the consequences
/ There are several other questions also
which arise under our form Of government
that are not properly ofjudicial cognizance
They originate iR political matters, ertead 10 po
htical objects, and do. not involve any pecu
mary claims or consequences between indi
viduals, SO as to become grounds for Judicial
inquiry. These questions are decided some
times by Legislatures, or heads of Depart
ments,or by public political bodies, and
sometimes by officers, executive or military
so as MOTTO be revisaJle here See Decatur VS.
Paulding, IA Pei. 497. :. p.ss
4 Looking at all these considerations, ap
pears to me that we'cannot rightfully settle
those grave political questions which, in
this case have been discussed in connection
with the new Constitution and. as Judges
our duty is to take for o guide the decision
made on them By the proper political poacer, and,
whether right or wrong according to our
private opinions, enforce it until duly altered.
But it is not necessary to vest the conclusion
or reason alone. Several precedents in this
Court, as we'll as in England, show the pro-
priety of it," @ -
The learned Justice proceeds to cite
a number of precedents establishing
the'rule in which the Court was unan-
imous, and which was clearly stated
both in his own opinion and in that of
the decision pronounced by Chief
Justice fancy, that the Constitution
devolvesupon Congress the power to
determine the legality of a State Gov
eminent, and that it is the duty of the
judiciary department to be guided by
it's decision. .
If Chief Justice fancy, and Justice
Woodbury., were not at fault, how
baseless is the hope that the Supreme
Court will undertake to override the
decision of Congress as to the legality
of the existing governments of the
Confederate States.
| But assuming that Chief Justice fancy
and his conpeers were in error, and
taking for granted that new rule will
be established by the present court,
(which is not presumable if the report
of it's late action in the New York
Virginia case be correct, the question
recurs, is it probable that decree of
the court overriding the decision of
Congress can be enforced? Col.
Hooker thinks that there is no respect
able officer in the Federal army who
would obey law declared to be I'M
constitutional by that tribunal. He
thinks that the military commanders
would at once withdraw their troops
and leave the State authorities to re-
main unmolested in the discharge of
their functions. The military officers
have not heretofore in the progress of
the civil troubles shown this respect
for judicial decisions. It will be recol-
lected that in the early stage Of the
war, writ was issued by Judge fancy
in the case of a citizen of Maryland,
and the civil officer was arrested and
thrown in prison for attempting to
execute it. Our opinion is that the
failure of the President to execute the
law, would be followed by his immedi- 4
ate removal from Office, by impeach
ment, that the duties Of President
would be devolved upon the Radical
leader, WADE of Ohio; and that he
would be recognized as the lawful
President not only by the army but by
the judiciary department of the gov
eminent itself; that Mr.. johnson could
not raise corporaPs guard in the
Northern States to resist the Radical
pressure-and that in his removal,
the eager desire Of the malignant enc
mics of our people will have been
gratifed. Col. Hooker thinks de- |
cision Of the Court adverse to the ac-
ton of Congress, would be obeyed by |
the dominant Northern people, just as
the decision of the Supreme Court of
Mississippi on the "Relief Law" has
been respected by the people of this
State. But he forgets that in the lat
ter case the people look to the Judiciary |
as the constitutional arbiter of |
the question of rights involved, while
the Northern people do not hold in
the same reverence the decision of the
judiciary. Their will, and not judicial
DEGREES, is their rule OF action. But
II ne hau 1oUKeu 1fJrle IurJner pacK
into the history of the very people to
whose conduct he refers, 1.-THE people
of Mississippi, he would have found
conclusive evidence against his own
position. The Supreme Court decided
the Union Bank bonds to be a binding
debt upon the State, and tie people refus-
ed 10 respect It's judgment ss
The decree of Court against the