The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-04-04
Testing the Constitutionality OF the
Reconstruction Act.

Testing the Constitutionality OF the
ReconstYuc ton Act
A Washington telegram to the New o'A
papers informs us that "sevcras sou'"''"
"men now in that city, assisted by em'he''
"legal advisers" propose to test al o"oe
the constitutionality Of the military recon-
s.ructiou act by bringing an issue before
the Snnreme Court at its present term.
This is to be done by enjo'ning 1ehei"'
Popr and President JOHNSON not 10 Gu
force the act, upon the ground 'ha' y . a
constitutional. 1t is even stated 'na' INC
motion for this Injunction will, ut Is not
improbable" be made tomorrow. kEvER-
~ JoYxsoS. however, who is one Of the
hest LAWYERS in the United States, is said
10 have given it as his opinion that the mo-
ton will be overruled at once upon the
ground that in such case the court has
not original iurisdiction-that is, can hear
such case only when it comes up from a
court below by way Of appeal. His opinion
is based of course upon the following clause
OF the Constitution (artcle ILL.,, section
H., paragraph o:
"In all cases affecting ambassadors,
other public ministers, and consuls, and
those in which State shall be party, the
Supreme Court shall have original jurisdic-
tion. In all the other cases before men
toned THAT is, all sorts of cases between
individually, the Supreme Court shall have
n
fact. with such exceptions and under such
regulations as the Congress shall make"
It seems to be doubted whether any
State would be party in the case sup
posed and proposed but even if it were
attempted to make some State a party,
the right of the person or persons claiming
TO act for the State must first be estab-
lished. For instance, the acting governor
of the State might apply for an injunction /;
but if the point were made that such per-
son was himself claiming an authority
which did not rightfully belong to him,
and was a mere pretended or $50
called governor las the reconstruction act
recites), the court might come to the con-
clusion that the objection was we'll taken.
Is there constitutional governor in any
southern State Does Chief Justice
CHASE, or any other judge upon the SUI
preme bench, hold the States organized
upon conditions dictated by the President
TO be such States as have the right to
come into the Supreme Court as parties to
q suit
We do not know but we do know that
courts are always disposed to lean to-
wards the Government in all cases in which
questions of "pubiic policy" are involved.
The highest courts in England, country
noted for the learning, the purity, and the
independence of its judges, held that OLI-
YER CRoMwELL's laws must be respected
and obeved. A Lord Chancellor once
went over from the Parliamentary side to
that of the King. OF course there were
good reasons for such conduct-as that
CRoNwELL's was de .facto government
the impossibility of resisting the Twill OF
the nation :" and, in the latter case, the
Justice of the Kings cause. Judges are
but fallible beings, and are often swayed
by prejudces. REvERDY JOHNSON, man
of conservative principles, if not of south
ern sympathies, has declared that the con-
gressional policy and the Presidents are
equally unconstitutional. If such be his
opinion, we may we'll suppose that the Su-
prcme Court, as at present organized, will
be very slow to pronounce in favor Of the
latter and against the former.
We quote the following:
"Sbould there be a concurrence OF
opinion among constitutional lawyers
against this question of jurisprudence, the
gentlemen praying for the Injunction may
not present it TO the Supreme Court, but
will await a case now being made up in
Alexandria, Va, which will come up
through the District Court of that State on
a regular appeal to the Supreme Court OF
the United States. All of the Executives
of the ten southern States but three have
been consulted, and give their consent to
any proceeding which will test the consti-
tutionality of the reconstruction act.
Governor Patton, of Alabama, however,
declines to take any action in the premises,
and is represented as being in favor Of the
law"
A concurrence of opinion "against this
question of jurisprudence Was ever
such nonsense heard of! We suppose the
words ought to be, "upon this question OF
jurisdiction"
The case would be very important
and interesting one, and We should be
pleased to see it before the Supreme
Court. But we do not believe that we
shall have that pleasure.
p. S.-The Baltimore Sun of yesterday
brings us the following telegram from
Washington:
"There is not one word Of truth in a
Geographic dispatch sent north that the
President is advised of an intention or
purpose to go before the Supreme Court,
or aid or connect himself with any move
ment to procure an injunction to restrain
action under the reconstruction laws.
"DATA."
--------------------------
Who is the Richmond correspondent Of
the New York World He is "know
;nu one - lie tells n wonderful story con-