The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-05-09

The supreme GeGrt amd lis Functions.
A Philadelphia Conservative" wishing as
sistance in coming bacl, to the Republican
fold, proposes several questions to the editor of
the Nation, as follows:
l. When the rebellion WAS subdued which
branch OF the Government was the proper one
to decide the legal effects of that rebellion?
z. was not this within the jurisdiction Of
Tn. IN. supreme Court, or at least to decide where
.. Was it not for the court to enlighten
congress as to its powers AMI consequently its
autieS, ana to inform the people lately in re-
belhon OF the legal effects OF their acts"
4. MIR, Stevens believes the States to be con-
quered territories. Mr.. Sumner thinks they
have Committed State suicide. Is it not for
the decision of such questions rs these that The
Supreme Court WAS instituted? e. -5.s-..f
D. Is Congress right in ltgslating without
that decision?
To these questions the Nation returns the
following plain and common sense answers, in
their order: aFs ~ az w
l. Congress- is the legislative branch of the
government, and the only one which has any
power of initiative. -.e.r..I.,
2. No. Neither the Supreme Court nor any
other court known to common law or the Con-
stitutiOn has any right to offer an opinion or
decision on any subject whatever till asked for
in a bona fde suit between real parties and
p.
3. No. Congress is the sole judge of its own
powers, and all its acts are presumed to be
constitutional until decided TO be unconstitu-
tionai IN the manner described in the last an
swer. But the Supreme Court has already de-
cided in well known case that it cannot de-
termine which of two or more contending state
governments is the legal one, but is bound in
all such matters by the decisions of Congress
4. The Supreme Court is not bound to pass
upon the correctness either of MIR. Stevens
opinions or Mr.. Summers, unless these gentle
men should bring them before it i'll a regular
suit. 9FtHFW
8. Ii Congress We're to admit that it must
wait for the Supreme Court to decide before
hand on what questions it might legislate, it
would virtually transfer to the court most of
its own power, convert the court into q branch
OF the legislature, and bring it so thoroughly
into the arena OF party politics that we might
look forward to seeing it abolished as nui-
sance before ten years We're over. The Obiter
dict0 OF the court in the bred Scott and Milf
gan cases were simply attempts ON the part of
the majority of the judges to do what "Conser-
vatve' appears to think part OF their regu-
lar duty-enlighten Congress beforehand as to
the subjects on which it may and may not leg
islate, and he knows what the result has been
as well as we do. , .t ma ... ill.,. ,.-5.-.,
TUPPER.-A London weekly paper has been
found to champion Topper for 2 real poet. If
it had commended him for mild aperent, or
an umbrella, or a hOp-pillow, any other
harmless requisite of every well-regulated
household, it would have been well. But as a
poet" we think of Topper something as did
Thackeray, whose attention obtrusive adj
mirer tried to attract by calling to him across
the table: "Mr. Thackeray, what do you think
Of Martin Farquhar Tupper-as poet?" The
humorist, softly snubbed his interlocutor,
| smOthered him in a feather-bed so to speak-by
| laying down his knife and fork, contemplating
him 6landly, and replying, 'sI don't think Of
Martin Farquhar Tuppcr-as poet-at all.
| Old Slavery besotted Democracy formerly
| objected to the discussion of slavery in the
| North because the evil-if evil it waS-was To-
Gated at the South, and said ''why don't you go
down, South and talk to the SHAREHOLDERS ~
| Mr.. Senator Wilson has gone down South, to
| talk face-to face with former slaves and slave
owners-now political equals-and the same
! old spirit raises its CORY head and growls about
| political missionaries" and Stamping radi-
GALS" How long since the Democrats loreswore
stump-speech-making? Certainly only since
their cause ceased to bear investigation.
| The Edinburgh Caledoaiana Mercury has
| just been suspended, after an existence of over
| two centuries. 1t was established in 1862
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