The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-04-04

his impeachment; Tor then he would be clearly
guilty of an impeachable ofIense.
"
The RecOnstrUction Act-Scheme to Test
its COnstltutiOnallLY.
From 1,e Times
The Southern opponents of the Military
Reconstruction law are represented as actively
engaged in an effort to defeat its operation
through the intervention of the Supreme
Court. 1t is said that an application is to be
made for an injunction restraining the Presi-
dent and military commanders from enforcing
the act, on the ground that it is unconstitu-
tional, and therefore void Should legal diff
culties prevent the adoption of this course. the
parties to the proceeding will await case
which is being made up inVirginia, and which
will be brought in regular form through the
District Court of that State. In one form or
notwithstanding to a statement in the
WOrtd-the matter is to be subjected to the
scrutiny of the Supreme Court: seven of the
ten unrecognized Southern Executives having
given their consent to the proceeding, which
unrecOnstructed SOutherners have individu-
ally originated.
In whatever shape the appeal may be pre-
sented, and whatever be its immediate result
whether, as is probable, the Supreme Court
refuses to Interfere with the law because it is
strictly political in its nature, or whether, as
is hoped by Rebel politicians, it renders a de-
clsion favorable to their views-we regard the
movement as impolitic, and fraught with mis-
chief to the now excluded States. Mr.. Reverdy
johnson, than whom in legal questions there
are few higher authorities, has expressed the
opinion that the Court has no original iuris-
diction in the case. An early decision, or a
decision in advance of the complete operation
of the law, is, therefore, to say the least, ex-
tremely unlikely. For the State Executives
which encourage the movement can derive no
benefit from even favorable decision, if it be
not delivered until after they have been swept
away, and the work they would obstruct shall
have been virtually consummated. deci-
sion after the States have been reconstructed,
affirming the unconstitutionality of the pro-
cess of reconstruction, would practically be of
no more avail than a judicial affirmation of the
unconstitutiOnality of any measure employed
in the prosecution of the war.
This is the aspect of the question which
more Immediately concerns the South. Its
pride may be gratifed by a legal assault upon
the policy of Congress, but only incorrigible
fools can suppose that policy will be materi-
ally hindered, or on any pending question
reversed, by an appeal to the Courts. The
refusal of Judge Martin, of the Superior
Court Of Baltimore, to grant the injunction
prayed for by the Maryland radicals, to pre-
vent the meeting of the State Convention,
proceeds on the hypothesis that the Conven-
ton is a political body of which the State
Legislature had proper and exclusive cogni-
zance. By parity of reasoning, and with the
precedent of the decision in the "Dorr Rebel
lion" case to sustain it, the Supreme Court
may not unreasonably be expected to disclaim
jurisdiction in the premises. AT any rate, the
fact is incontestable that Congress has abso-
lutte mastery over the subject. By no appeal
to the Courts, by no quibble of lawyers, by no
combination or effrontery of Southern politi-
clans, can this fact be overcome. denial of
it theoretically will not affect it practically.
And the supremacy of Congress will continue,
despite petitions for injunctions or averments
Of unconstitutionality. It's power to carry out
its will is already assured. Neither the Pre-
sident nor the lawyers can compel its admis-
sion of Southern Representatives, its ac-
acknowledgement of State Governments which it
has decreed provisional, or its abatement of
one iota of the conditions which it has i'm
posed upon the South.
OF what utility, then, will be the movement
of which we hear from Washington, or of any
movement looking to judicial Intervention as
a means of obtaining more reasonable terms I?
Absolutely not particle. An opposite result
however, is not at all improbable. Congress
may meet again for business in three short
months, if a quorum of its members deem a
reassembling expedient. Nothing will be
better calculated to bring about the step than
anything like an organized attempt to check
the working of the Reconstruction act. And
very little refectionis required to perceive how
readily Congress may tighten its grip and null
tiply its demands. 1t may say, for instance,
with a certain show of reason, that the State
executives, having been tolerated merely not
acknowledged, have forfeited their title to
liberation by this attempt to Illustrate the
purpose of the law. 1t may revise the instruc-
tions to the Commanding Generals, and for q
4 wide latitude of discretion substitute manda-
tory provisions, depriving the present civil
authority of its PROVISIONAL existence. II
may decide that the orders issued by the mill
tary commanders, and which are confessedly o
| the most moderate and conciliatory character
are too moderate and conciliatory for the occa
sion. We speak only of possibilities. Blu
they are possibilities which Congress may
change into actualities before the end of July
if any contingency shall seem to imperil th
efficacy of its plan.
We do not believe that the movement re
ported in the World has the approval of an,
considerable body of the Southern people
Every day furnishes new evidence that the,
accept the situation as it is, and are anxiou
to secure the restoration OF national unity ant
peace by faithful compliance with the vii
of the law-malIing power. With few excep
tions the leading soldiers of the Rebellio
counsel compliance with the terms of the law
and their advice is sustained by prominen
civilians. whose number is continually grow
ing larger. So far as it is possible for us q
this distance to Judge, active opposition to tn
law is confined to Rebel politicians, bankruI
in character and influence, who prefer to tax
! the chances of a strife that does not endange
their precious necks, rather than promote