The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-04-11
COLUMBIA.
aThursday Morning, Arril IL, 1857
'Tife suprenae Court.


felt in the action Of the Supreme
Court in relation to the motion of
Messra Shafkey and Walker, pray
ing, in behalf of the State of Mis-
sissippi, for an Injunction against the
execution of the military Act in that
State. The motion. rs our telegraph
dispatches have already informed
the Ireaasfss s6f the Phenir, is to. be
heard TO morrow, /, and ii may have
been noticed in our dispatches yes
terday morning, that Gov. Jenkins,
Of Georgia, was to file bill, yester-
day, in the same court, for the relief
of Georgia.
We 'nre inclined to the opinion,
that notwithstanding it is pretty
generally acknowledged that the At
toraey- -nienetal prepared, or, at least,
sustained, the veto message of the
President, the court will decline to
entertain the motion for fling the
bill of complaint, and that there, as
now presented, the matter will be
dropped, SO far as the Supreme Court
is concerned. We observe, in our
exchanges, many expressions of OPT
mon on such an important move
ment, SO prominently and officially
brought before the country, and
various surmises as to the result of
this application of sovereign States
to the high judicial tribunal of the
Government.
The New York TYorld admits the
right to raise the question, but doubts
whether tho court will not disclaim
Jurisdiction; and argues further, that
the effects ofa favorable decision will
not prove advantageous to the South.
1t takes the ground that if the law is
pronounced unconstitutional, the
President, of course, will withdraw
his Generals, and refuse to execute
it. but that, Notwithstanding this,
Congress will no more admit tho
Southern members then than they
did before: The World very truly
says that Congress ''can shut them
out, and the Supreme Court cannot
review their action" But it says
further, that Congress can refuse to
count the Southern electoral votes.
and there is no authority to call them
to account.
The New York Erpress does more
than admits the right to raise the
question as to the constitutionaIity of
the law, and says that by all means
the Supreme Court should be called
upon to determine its constitutional.
ity, saying that it is not only "repug-
nant to the Constitution of the United
States, but to every principle of
British liberty engrafted upon our
Constitution
We are inclined to coincide with
the views of the World, which, as
our readers may know, is q conserva
tive journal. If the law be adiudged
unconstitutional, of course the court
Will say so, and give its reasons for
the decision. The arguments in favor
of that decision will be read by the
people. both North and South, and
may influence the future political
action of the former. But, in the
meantime. what may take place?
Congress would assuredly re-assemble
In July, if such decision should be
arrived at, and pass other and per.
haps mere stringent laws "for the
government of the States lately in
rebellion. ." The Presidents action
in obeying the decision of the court
would undoubtedly hasten his i'm
peachment; the wounds of political
strife, now in process of being healed
under the laws of Congress, would
bere-opened. Political and sectional
agitation would be revived, and the
whole interests of the country again
imperilled.. - 80 So - =.
fJIJx aro 1,