Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-04-09
TuE mIsslssTPPT TxJtNcTToN.

THE MISSISSIPPI EKJENCT1ON.
The spirit which prompted Senator
Sharkey and those with whom be con-
suited, to apply in the name Of the State
Of Mississippi, to the Supreme Court of
the United States, for an injunction re-
straining Gen Ord from the performance
Of his assigned functions under the mill
tary reconstruction act, is commentaries;
bl,. the Propriety Of the movement is.
doubtful Every citizen and every com !.
munity have right, and ordinarily it is
their duty, if they think the law without
constitutional warrant to test the ques-
ton in the courts of the land The con
stitutiOn was ordained to establish justice,
and to ensure domestic tranquility. I'M
Just laws at once overthrow the former,
and are calculated to destroy the latter
and it is the province Of the Judiciary
to decide such issues finally; between the
citizen and government Therefore,
neither the mode adopted, nor the pur-
pose Of the Mississippi movement, can be
impeached but the question eui bono pre-
sents itself
In the first place, it is most probable
that tie court viii declare, either that
the motion should have been presented
to iton appeal or, fit should entertain it,
that it has no jurisdiction in the case.
Distinguished lawyers differ in regard to
the first question; and any member Of
the court who is disposed TO evade the
decision Of a matter which would arouse
party spirit, can find precedent in the
opinion given in the Rhode Island case,
to pronounce it a purely political ques-
ton. The last form of disposing of it
would be to virtually pronounce it con-
stitutional, and thus foreclose the arraign-
ment Of Congress for the enactment of
q law which in spirit and intent, if not
technically, is unconstitutional, and a
most fragrant invasion by the government
Of the rights of States and citizens
In the second place, the death of Con
seryatiye member of the Court as now
constituted, or the detection of one, which
in these demcralized times, is not im-
probable, might bring forth a majority
decision sanctioning it, and thus delay, if
it did not entirely estop that righteous
judgment Of the American people upon
it, which viii surely come when the pub
lie mind RECEIVERS its sanity
Thirdly, if the Court should meet the
issue firmly, and declare it uncOnstitu-
tional and null, the Radical majority in
Congress would disregard the decision,
and such n condemnation would only
serve to infuriate them and cause them
to enforce it with strictness, and impose
any other harsh measure that the passions
thus melted, might suggest. Such an
action Of the court would neither hasten
the restoration Of the rights of those
States to representation in Congress, nor to
the control of their domestic affairs. 1t
would retard both, and ensure the Presi-
dental election Of ] SOS to the Radicals, and
rivet the power of that party sufficiently
long to complete the utter ruin of the
Southern States and fix firmly the central
despotism they contemplate.
These are the practical results Of this
motion for an injunction, and we can
perceive no good to come of it Besides
the worst influence follows from palpable
Intellectual efforts Of the Judiciary to ar
rest the course of political madmen and
revolutionists The Supreme Court with
in the last six months, have delivered
two decisions in direct conflict with the
features of this law. We refer to those
in the'Milligan case, and that Of the Mis-
souri, test onth. The Congressional
Jacobins threw them aside as waste
paper They have denuded the Execu
tive of power to do anything more than
protest; and it can serve no useful pur>
pose to throw the highest court of the
land before the wheels Of the Radical
to be crushed into COM
p6ance lt wOuld be wiser to keen It ont
Of politics, and let the people in their
primary capacity, accept with dignity
and patience what is placed before them,
and work out the deliverance of the gov
eminent with their own hands. 1t will
be thus done both Flore expeditiously and