The southern enterprise. [volume] (Greenville, S.C.) 1854-1870, 1867-07-25
- From the Chronicle 4 Sentinel.
Notes on the situation-No. IS.
BY d. n. Hill.

~,H~ by d. H., HILL - .rrr
have said In all cases of doubtful consti-
nationality, the Executive Department. could
not become court or Judge in the matte..--
Neither can Congress be court. But Il was
necessary there should be final arbiier and
therefore, the Constitution provided a third
department Of government called the Judicial
This Judicial power 10 expressly declared
70 extend to all eases. arising Under the
Constitution, the laws of tho United States
and treaties, &c, 40, !, But here again differon-
oes have arisen, and II has been insisted that
the word Ceases" has legal technical signifi.
cation and must bo confined within IL, and,
therefore, that the judicial power docs not ex.
tend TO all qre.tioHs arising under, the Consti-
tntion. This position was favorits ono with
persons Of the strict Construction State Rights
school, So - -
s. When South carolinadecisrsa The Tariff Act
plainly and paipably Unconstitutional, she re-
fused to refer the question to the Court, but
uProceeded to nullify the act in hss bordors.-,
The Union men and Federaiists insisted that
she should refer the case to the Supreme Court
rs the final arbiter, but South Caroline refus-
Cd 70 do 50, insisting that the State, was an
independent, scperate sovereignty, outside OF
tho express powers granted to Congress that
this was q political question, affecting her sep.
crate sovereignty, and that she would not per.
init any othsripower to sit in Judgment upon
questions involving her sovereignty, that in
this respect South Carolina stood to the Uni
ted States as she didso France or England. (
a+it'ws' supposed that the peculiar doctrines
eefs aights had been decided by the war
s against tho position taken by South Carolina,
nand that hereafter tho Supreme Court woaid
,9bseome, what the old Union mon always con-
afendsd 10 was intended to be, the fnal arbiter
sopon MI auestions arising under the Constitu-
fisn, 80 as 10 leave NO excuse or necessity for
aa appeal to arms- TO seftle controversies be>
syeet the General 7Government and the
'5statcs.yoH Te' ass 'tg' 4e7s osT 5fgfa :
Georgia and Mississippi were the frst to act
= ON the new ides They aid what South caro-.
Ina fefdsed 10 do. They applied to the su.
,preme Court Tin, think, proper case made)
!, % 'enjoih the safsrcement Of bnis pa,pabiy u,,
oonstieati0nai-sdmit.sd 70 be sofa their
borders The reply, was the question mado is
,politieal .aae'tioa, and not q jsdseiss, case.
- The seprems Court refused 10 entertain the
jurisdicton, and thus simply e6ismed what vas
eeelled TIA altss State Righ hts doctrine Of South
Sscaroiipssl am glad the question: was pro-
sented. AZ an espcciaIly glad they 4were
y pseseetea by 6eutheru States, showing q dis
sPosisica ahsseby'ts sbias the decision claimed
'sto havsesen haadsby'ths var and to rscogni.o
+. an arbitsr Of sutpro disputes short Of arms.
:. Tbess deeislots therefore, 20 far from show.
B ipg there mo tensdy .agaiast thsss Inilitary
Dfis, show clariy the REVERSE They psossed
ses The ysry hssis thai. .the States srossiia sep
, arsfe pebsicai oommapitiss, andlas suoA 10 se-
= eessariy fSilSss 'shat ,boir iessfnar donestic
governments 'aDno. be abrogaS::d, regulated