The New York herald., 1867-04-27

the law maker he 10 the law expoander, with bar
barous passion he the law often with ms own
hands Nothing is unfounded and irrational than
to say we will exercise jurisdiction because the e.
ecutive power Of the government II 1t nt instead
| OF doing its duty and enforcing Decree may
decree dehance nothing is more subversve OF
slightest reason for withholding the exercise Of arisc
on II has often been said OF courts OF Justice that
generally speaking, their decrees execute themselves
Such indeed the in all those questions OF ooun
dairy. The Court had but 70 declare the line, and
all the political consequences followed. So IN this
the writ Of injunction and what may be called
executive officer s appointed, though 70 20 sure
sort Of announcement OF what your judgment is and
the duty Of the Executive TO carry II into
execution he fals in bis duIy and refugees 20 exc
your obligations to the constitution, and the peril and
the consequences, the evil and the punishment, the
odum of the present day and the shame that will fall
upon wongdoer by the impartial voice OF the disin
terested world and Of q postery that will be removed
from the passions OF the present day all BY your
honors and touch you not They rest upon the Execu
tive, who violated the law The constitution declares
that he is bound see the laws faithfully executed
not TO every Of Congress faithfully executed but
the laws In seeing the laws faithfully executed he must
competent jurisdiction pronounced upon cases with
In their jurisdiction and when his Postmaster General Is
hs sas an me is
the present case not 70 issue an order TO carry into
execution these acts Of Congress- is bis duty blowing
his judgment 70 that tribunal to which distinctly COM
mitted by the Constitution in the last the deter
mination OF all questions the validity OF acts Of
sions OF the Constitution 70 Withhold his orders and
proceed no further II has been suggested that this
court cannot issue an Injunction the court for
the trial for impeachment from condemning
the President in case he should obey mandate. Tha
true but there Is higher injunction
than any this issue which does restrain thi
for the trial Of impeachment condemnng the
President in such Tho judgment OF this court,
that performance these in relation to holding
elections for State officers through military agency
warranted by the constitution and inracton OF IL
and orbidding General Pope to hold such election,
would be q judgment judgment upon the very
point Judgment as distinctly pronounced between tho
majority or the American people and the American
sttuon against Andrew johnson as the forms OF law
and proper decornm, IN administration, and necessity,
in fact admit. II would be essentially judgment in
rem, and II Andrew johnson mpeached before
the Court OF impeachment for having carried these
execution plea would be necessary for him
except 81 issued order to my officer to obey these
That officer subject to the Jurisdiction Of the
Supreme Cours The Supreme Court Is the final tTibu
nal to and determine questions touching the
lidty OF an act OF Congress The supreme Court en-
was no way in which could execute them except by
violence upon that ordinate tribunal the Supreme
Court because if my officer went on and refused
to obey their directions they would attack him; II
forbade the Marshal subordinate, to execute tina
attachment, they would attack him, and thus an un.
worthy contemplate exhibition Of conflict, rather OF
evasion than conflict my part would be exhibited
That tribunal which is the Judge in the case entrusted
with the right decide it, finally decided these acts TO
be unconstitutional and could do no more than yield
my obedience the ttuton interpreted by It's
interpreter and further execute these acts
which Congress had authority to impose upon me.
Andrew jackson might have had the mandamus dsobeyed
|
eral 10 some other ofhce but would have been vo
laton Of his duty. so Andrew johnson might, 70 this
case neutraze injunction by removing General
Pope and substituting another military commander,
but it would be y violation OF his duty. letter
s5o, was quoted to show that the supreme Court was
the final arbiter OF constitutional questions II may Oe
entirely clear that u this Court should issue It's lnnnc
unless override Its orders, he might be- condemned
by the Court for the trial Of impeachmenis II
is equally true, however that the body which wond he
Obliged initiate and finally TO determine that prosecu-
ton mas virtue Of It's Legislative power ample means
TO do great many worse things than that BY repeal
Ing old and by enactng new ones we do not deny
that might completely paraiyze the functions OF this
Court and essentially deprive OF any capacity to ad
minister jastice but 1t Is argument, whom We cope
this Court and ask II to exercise its powers within
say tnat violent, lawless, revolutionary meas.
ures, involving q violation on the part OF
Ss1er Se induced pv M prOceedns and therefore That
should refrain from performing us duty quite tho
contrary. 1t IS only for the Court TO see that u
has duty perform and TO perform IT. and this brings
me TO question which has not yet been presented 70
tho consideration Of honors Whether these acts
of description manifestly within the prohibitions
OF the constitution If4he Stale Of Georgia is not in
the Unon there Of course is end Of this sne
is not here q competent suor, and the cannot
be entertained; but have laid before the Court,
document presented such multitude Of proofs OF the
recognition of Georgia State OF the Union, by all
the departments OF the government, nay Of her
recognition under these very acts thought 10 be
| heud. Ii is question that cannot for instant be
entertained. The court must assume the learned coun
0ttompto0 d0OrRta
the Union and therefore holds the position whicn she
claims this case as competent censor Then ~ TO
turning @ % s bSci entirely upon lie frsaausns laws Of
Georgia Congress: y s s5s0Sss ~. undertake %
one years He" V'' age and upwards Of
race color previous condition, who have been
resident in tho State for twelve monihs Georgia !:
protect her; but II she Is she rs IN II a. enecuaIy
New York, Pennsyvania Ohio Or even proud Massa.
arbitrary dctum enact that there shall be further
elections any OF those States for state officers thas the
government in them shall be regarded merely pro-
visiona aud that its army officers backed by It's armies
shall go them and shall hold an election by means
Of which constitution and state government
may be established and define according 70 win and
pleasure the constituent bodyY IL may be said that the
not subject 10 the objection Of unsness or partially;
nay may be considered that s very impartial 80 far
ss She inclusion Of persons Is concsrnsd sa wIuo nave
may vote, whether residents or not IL would havo
been impartial II It had admitted fcons and con-
victs IL would have been more impartial and more
liberal II had admitted ell the ladies' II would have
been moro impartial and liberal II had admitted ali tho
ever ago would be sufficient TO enable child 70 walk
to the polls and cast bis VOTE Bu! that
with question Of power II Congress has power 70 pre-
scribe the qualifications Of electors for State govern
Officers may s,g ss aem IDy T
ciude whole class, who may be very good and very
this time who may have repented Of Their SINS,
" sins they committed and TO dsfranchse them,
though they have been Tried for any offence or
convicted by any jury, In any manner according 70
our known system Of laws deprived OF any OF their
rights claims respect citizens. Then. OF course
the power exists In the great States to which have
alluded Congress- In addition 70 declaring that the cleo
tons shall In future be held by officers may
any particular class shall be admitted and any
ss *. aasy o &c.
granting under their constitution, the franchise TO the
coored people, declare them dsloya 10 the morals ana
liberal principles OF the present day and disfranchise
the whole OF them aud place tho elective right excu.
svey In the hands OF negroes or exclusively 10 the
v..s In vofIc
ne 20 select This matter touches California on dell.
cate point believe oueseventh Of the population OF
that state are Chinese, and u may happen before
long thar only e-seveuth OF them would be anything
but Chinese persons Of that race might be added
or they alone might be exclusively vested With this
anrhlse conferred by act Of Congrcss Surely can.
not be necessary on this question Of power 70 y hat
an sc or Congress directing any OF these things In ref
crcnce 10 the ssaSs In question be utterly VOID
ana II VOID ~ TO them, would be equally void In
respect state Of Georgia II she member OF ths
Union If the Court please, tho great advan-
tsxe Of our system Of government s that u