The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-18

and that with such a controversy court Of
equity had nothing to do. This argument
will, we believe, be found to have decided the
Judgment of the Court. If So the whole
scheme Of resistance to the act Of Congress
must fail; for there is no possible method by
which judicial intervention can be obtained in
time to save the de fdcto Governments of the
Southern States The work of reorganization
must 60 on and when it is completed, the
decision of Congress will make valid what
ever may have been irregular, leaving no.
choice for the courts but to recognize the
governments which Congress has approved.
Undoubtedly it is no light matter that the
highest court in the land should thus disolaim
the power of inquiring into the constitution
ality of an act of Congress destroying the
Government of ten States. For it must be
observed that every word of Mr.. Stanbery's
argument would be just as applicable if Mas
sachusetts, instead of Georgia, were the com
plainant and if Congress had undertaken to
overthrow State Government which il at the
same time admitted to be perfectly legitimate
No State in the Union, therefore, can rely
upon the Supreme Court for protection against
the usurpations of Congress. This is grave
fact, which deserves serious consideration.
And yet, Notwithstanding all the perils of
such decision, it is clear that il is justified
by reason and experience. There is point
in all controversies beyond which no court can
safely 90. Political economy has demon
strated that human legislation has its sphere,
in attempting to transcend which, no matter
how worthy the motive may be, it only works
the more injury as it strives to attain an ideal
good. And so the sphere of judicial action is
limited by natural laws, and the Judge who
goes beyond his proper jurisdiction for the
sake of doing perfect justice, really Injuries
the cause which he aims to serve. He may be
able to do justice in the particular case in
hand, but he cannot help creating precedent
full of evil
Purely political controversies are, of all
| things, the least amenable to the jurisdiction
| of court. The origin and existence of State,
the existence and justice of war, or the vail
dity of revolutionary change in the form Of
| Government, are all of them questions which
| no nation ever allowed its courts to determine.
| The highest court of republican France met in
December, 1851, and regularly deposed Louis
Napoleon, declaring all his acts to be void; but
this decision, although unexceptionable in
| theory, has never been followed by any other
court in the world. The Supreme Court of
New York believed the Convention of 1916 to
be unconstitutionally convened; but If it had
\ attem pied to enforce its views il would have
made itself ridiculous. The Supreme Court
/ of Missouri recently tried the experiment, and
was simply crushed out of existence. Even
\ where the courts have achieved a temporary
success in such course of action, their de-
\ graduation has been eventually brought about
| by it. Thus, the Superior Court of New York
1 city, some years ago, interposed for the pro-
| lection of the city against the plundering
schemes of the Common Council; but the
| plunder has gone ON in different forms, while
| the court has been changed from the ablest to
the weakest tribunal in the State. Politicians
found that the court might prejudice their in
terests if left to the control of able and honest
men, and they speedily found an excuse for
| turning such men out.
All devices for protection against the will
of decided majority of the governing class
are certain to fail; and nothing is more un-
| wise than to thrust a few Judges across the
path which such majority have resolved to
pursue. AS the Attorney General pointed out
in his argument, two-thirds of Congress,
united in the pursuit of any object, can crush
everything which stands in their way. AS a
practical question, it is useless to oppose
them; and, as question of principle, 1t is
more in accordance with the republican idea
to trust a large body, fresh from the people,
with the decision of political questions, and
even with the legal Interpretation of pOliti-
cal instrument, than small body of men not
governed by the views nor familiar with the
wishes of the people. Congress, as we'll as
the Supreme Court, is sworn to obey the Con-
stitution; why should the one be trusted to
keep its oath rather than the other?
The immediate results of the decision Just
fetal, Even if the suit had been merely enter
tanned, without decision upon the merits, the
effect upon the South must have been very
injurious, while it is difficult to estimate the
mischief that might have been wrought by the
entire success of the complainant. II could
not have saved the State from the ultimate
control of Congress, and itwould have intro
duced new elements of evil into the conflict.
We think that every intelligent Southerner-
certainly every shrewd lawyer or politician
feels relieved by the decision. Certainly it is
a cause for graduation among all friends OF
regulated liberty. e.
The speedy reorganization of the South
under the Reconstruction act is now made all
but certain; and this done, it is the duty of all
friends of peace, prosperity, and reform to
press for the adoption of constitutional
amendment prohibiting Acknowledgement OF
other political distinctions ON account of color
we need this at once to settle the negro ques-
ton forever, or, in other words, to ensure jus.
tice and tranquility, and to enable us to give
a reasonable amount of attention to the re-
moval Of other abuses. Time spent in trying
to get Congress to force negro suffrage on the
States by act, we regard, even if it can bt
shown that Congress has the power, to bt
time wasted. r.T f.' 81.
Our Political Difdculties-The Solution
Ffom the Herald .e
We begin to realize what a legacy of trou