Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-04-13
WAsHINaroN. AnriIG. lss7

Aussinm Treaty. Etc.
WAsHNGroN, April 6, 1857.
Editors Memphis Appeal:
The application to the supreme court
yesterday, in behalf of the state of Mis-
sissippi, TO obtain an injunction against
President johnson and Gen. Ord, as
being about to enforce the military re-
construction BILL has created quite a fer
ment. Parties discuss the case in refer
ence Ia two Questions-in what manner
the court will act in the premises, and
the political effects. The constitution
certainly confers original jurisdiction on
the supreme court in Rll cases where a
state is a party, and the Judiciary act of
1889, in its thirteenth section, assigns
this same jurisdiction to the supreme
court. The Rhode Island ease of
Luther Borden il relied upon by
those who say tine supreme court
will not take Jurisdiction. But that
case was not tine present case. Then the
question for the supreme court was:
Which party claiming to be the state
was the state, whether the adherents Of
the old charter government or the sup
porters of the new or Dorr organization?
The supreme court held, and very
properly, too, that that was q political
question, in which the court would fol-
low implicitly the action Of congress.
The principle upon which the court went
was the familiar one of public interna-
tional law; that the courts Of a country
recognized as legitimate governments
what were SO recognized by the govern
meDts of their ewn countries. If,
for instance, there were two COM
petent governments in France, the
court would be guided entirely by the
action of its own government on the
subject. In applying this principle to
the Rhode Island case, the court recOg-
nized the charter government as the
legitimate state organization. But in
this case there is no question Of compact
ing governments the only question is
as 10 the constitutionality Of certain
legislation Of congress, by which inter-
ference is made by congress with the in
ternal affairs of q number of states.
Apart from the complications arising out
of the war, there would be but one
opinion upon the subject as to the power
OF congress thus to legislate, unless the
mower results from the amendment 10
the constitution RbOlishing slavery. The
impression is very general, however, that
the court will not give the relief prayed
for in the premises. To pronounce this
action Of congress null and void would
create the most intense excitement that
could be conceived of, and in all proba-
bility the court would be legislated out
OF existence. AS at present constituted,
il is asserted that the judges deprecate
the institution of the suit very much
aud the attorney-general, representing
the executive, denies the authority of the
court to take Jurisdiction. The court, it
is confidently asserted, will get rid of the
case if they can.
The cabinet have been in consultation
on Sheridan's power to remove civil
officers, and appoint other civilians in
their stead. The conclusion arrived al
in accordance with the opinion of the
attorney general, is that Sheridan may,
As a public necessity, remove civil off,
GERS, but that he cannot appoint civilians
10 such vacant offices.
II is curious to see the ground taken by
the New York Tribune in regard TO the
coDnectieut election. After attributing
the defeat of its party to the cOwardice
Of the party in standing by its principles,
II saws hereafter impartial suffrage
onsf he their motto. But they are not
satisfied with impartial suffrage at the
sonth there they require universal suf-
frage.
The strikes for higher wages in New
York aud other northern cities shows
that the north will have troubles Of its
own to deal with in IFS social system.
one form of this is manifesting itself in
the cry for the eight hour rule Of labor,
which Is obliged TO be delusion, for
men who work only eight hours can only
get the pay for that time.
The Russian treaty for transferring to
the United States frozen rocks and
Esouimaux in the Arctic zone meets
with much opposition, and iSnot likely
to be ratified. The fact that Russia is
willing to sell is the bcst evidence the
territory Is worthless. -