Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-04-20
THE SUPREME COURT AND THE RE
CONTRACTION ACT.


CONTRIBUTION ACT.
The movement made by the States of
Mississippi and Georgia before the SUI
preme Court Of the United States, to avert /.
the execution and test the constitu,
tionality of the act Of Congress placing
those States under military territorial
government, are proving abOrtive The
Chief Justice, for the court RemiRe dis
Sentienie, has already dismissed the bill
Of Mississippi on the ground tina; the ju-
dicial dcpartu emf had no power to inter
fere with the Executive; and forcibly and
conclusiyely argues that it is contrary to
the theory Of our form Of government for
the Judicial department. to attempt to
enioin or restrain, on original motion, an
act Of Congress or the discretion of the
Executive In other words, it fatty de-
eided that it had no jurisdiction over such
a question presented in that shape
The telegraph states that the Georgia
bill, and the Mississippi bill, which the
court granted leave to amend so as to
conform it to the former, will beargued, on
motion, next Friday. But it is difficult
to say wherein the Georgia bill differs in
substance from that offered by Missis-
sippi. 1t seeks to enjoin the Secretary Of
War General Grant, and the District
Commander from executing the law, but
these are only ministerial officers under
the Executive head. The objection lies
as strongly against the subordiuates who
only act under direction Of the President,
as against the President himself There
is really no difference between the cases,
and the court will so decide, and dismiss
both bills again.
The suit of an individual against the
district commander for trespass upon his
rights, before a District Court, provided
the said commander, in whose discretion
the act places the whole question Of hold
ing courts, permits it, would lie, and in
this mode, the const;tutionality Of the law
might be brought to test before the Su-
preme Court; but is is very clear that
Attorney General Stanberry will resist
any other mode successfully, and it will
be his duty to do so, whatever his opinions
Of the constitutionality or rightlulness
of the law.
1t is highly impolitic to bring political
questions before the courts, and submit
them to the ordeal of technicalities which
are sure to be raised. tits certain way
Of frittering away the substance Of
justice and not only that, ittends to the
justification of error in the popular mind
TO illustrate vast majority of the
American people think that the law of
Congress striking out of existence ten
States, is unwarranted by the constitu-
ton. They have no doubt Of it. But
they see Congress enact the law; they
seethe President execute it; and they
see the Supreme Court refuse to interpose
Here are the three great departments of
the government in apparent concord, and
the popular mind first acquiesces in, and
then endorses the cardinal error
The true idea is, that all snch legisla-
ton is political crime, and that is only
remediable by the people Let the peo-
pie take hold Of its perpetrators through
the ballot-box, as we are proposing to do
in Tennessee Courts are composed of
men, and men are fallible, and we repeat
that it is unsafe, in periods of commotion
like the present. for the people to run the
risk Of having political errors and crimes
sanctioned and condonGd through tech
meal Judicial decisions There is no
short cut out Of cur difficulties, and it is
fatuous folly to attempt to seek one
through the Judiciary To do 50, is to
produce one Of two, or both evils IL
will either depreciate the courts in popu-
lar,estimation, and impair their power of
conserving the good there may be left in
society, or it will pervert them into mere
instruments of the political majority.