Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-04-10
The Appeal 70 the supreme G ourt.

The New York World is not sanguine
of any good likely to come from the
appeal to the Supreme Court. 1t has
the following article upon the subject:
But, while we are positive as to the
right of the Southern people to bring
this question before the Supreme Court,
and as to the importance of upseting the
law at once if it is to be upset at all, we
are by no means sanguine OF relief from
that quarter, The court will make one
of these three decisions: lst) that the
law is constitutional; (2d) that it is un-
constitutional; or, (3d) that they have
no jurisdiction on the subject. The first
and the last of these suppositions would
be, for all practical purposes iden teal,
and if the Court do not declare the law
null, they will probably dodge the
question by disclaiming jursdic-
ton. SO far as other considera.
tons than strict regard to the
Constitution influence the Court, such
considerations will operate in favor of
evading the question instead of deciding
it. The history of the excitement which
followed the bred Scott decision, and of
the mischieyous reaction which that de-
cision provoked, will naturally make
the Conservative members of the Court
cautious Of supplying new fuel tothe
dying embers of Radicalism. The Court
impairs its credit and estimation by
making decisions which other depart
ments Of the Government refuse to be
bound by. If they declare the law I'M
constitutional, President Johnson will,
Of course, withdraw his Generals and
refuse to execute it But Congress
will no more admit the Southern mem.
bers than they did before. They can shut
them out, and the Supreme Court can
not review their action. They can re-
fuse to count the Southern electoral
votes, and there is no authority compe-
tent toisall them to account The result
would probably be that the Radicals
would elect the next President, and the
Supreme Court would then be increased
by radical Judges enough to make a
majority, when the arrested experiment
Of reconstruction would be resumed.
With such possibilities in view, the Su-
preme Court will probably consult their
dignity and evade the main question, on
the ground that they have no jurisdiction.
Nor is it by any means clear that, in
adopting this course, they would be
using a mere pretext to avoid disagreea-
bic complications. The following ex-
tract from Chief Justice Taneys decision
in the Rhode Island rebellion case, may
furnish the key TO their probable deci-
sion:
Under this article Of the Constitu-
ton, it rests with Congress to decide
what government is the established one
in a State. For as the United States
guarantee TO each one republican gov
eminent, Congress must necessarily de-
eide what government is established in
the State before it can decide Ehether IL
is republicon OF not And when the
Senators and Representatives Of State
are admitted into the councils Of the
Union, the authority Of the Government
under which they are appointed, as well
as its constitutional character, is recog-
nized by the proper constitutional author
ity. And its decision is Lihding on every
other department Of the Government,
and could not be questioned in a judicial
tribunal Il is true that the contest in
this case did not last long enough 20
bring the matter 10 this issue; and ss no
Senators or Representatives were elected
under the government Of which Mr.. D0rr
was the head, Congress was not called
upon 10 decide the controversy. And
yet the right to decide is placed there
and not in the courts. IL.
To view Of this authoritative exposi-
ton, We may e0njeciure, without much
hazard Of error, that The supre ne Court
will decide that the subject about 70 be
brought before theDs does not fall within
their purvieE.