The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-01-12

Count, would be TO exclude the whole SOuth,n
Would the Count then, have us admit Jefferson
Davis as Senator from Mississippi, and Aexau-
der II. Stephens as Senator from Georgia? This
idea may seem roseate in France, but seems
dismal TO pilgrim on these pTairies.
"hstead OF the policy of exclusion says the
trenchman, ''aoopt boldly the policy of adms-
sion." But the Counts suggestion is oil policy
of calamity. As Lord Bacon saws, ''He who
rnjules one man threatens a hundred" so the
South, by injuring the negro, threatens the
nation. To admit the South, therefore, in her
present state of halt-revived civil war, would
be an equal Injustice 10 the negro and the
nation. On the other hand, to exclude the
rebelliOus States until the neprO shall have his
rights, and until the white man shall keep the
peace, is the only policy Of national safety.
Political Questions In the Supreme Court
From he Nation.
The Supreme Court of the United states is
Just now the subject of lively popular interest
and discussion. 1t has recently been, and Will
soon be again, called upon to decide questions
which have been made political issues bet geon
hostile parties, and concerning which few men
are able to think mpartially. All the issues of
the war, and OF the era of reconstruction sue.
ceeding the war, will be submitted to the judg-
ment of this Court; and strenuous effort will
be made to secure from it decisions which will
nulliiy the will OF the people ana vindicate the
rejected policy of Mr.. johnson. There is great
danger that, whatever may be the decision of
the Court, Its action may fail to command
public confidence; chat If the decision is against
the views OF the majority, it will be ascrlbed to
partlsanshlp, and that if 1t is with them, it will
be thought to have been influenced by fear.
1t IS exceedingly desirable that no such inn
preston should be left upon the minds of the
! people after q decision has been made, but that
The fairness and wisdom OF the Court should be
manifest TO every one. For our own part, we
nOst earnestly deprecate any weakening of
popular confidence in this eminent Court, as
+ equivalent to an undermining of tue peoples
faith IN law ITSELF faith which needs strength
enng and upbUiidng IN 8 special manner at this
time, We snail, therefore, a ter explaining the
| reasons for doubling the importantly of the
Court, oter SONG suggestions as to the m ode in
which the apprehended dangers may probably
be avoided.
The Supreme Court consists at present OF nine
Judges, five OF them appointed by Republican
President, and 1our by his Democratic prede-
cessors. Unfortunately, 1t cannot be doubted
thGt at least tour of the judges have so
thoroughly made up their minds upon all the
issues OF reconstruction as 10 make argument
/ before them a mere iorm Chief Justice Chase
could not be persuaded by Moses and the pro
phejs hat the present State Governments at
the Sou,h are legitimate; while judges Nelson,
/ Gller, and Clifford could not be persuaded OF
the contrary even by one who should rise from
the dead, We are strongly inclined to believe
that Judge Field, who was appointed as
| Republican, but whose sympathies, never
! very heartily with the party, except in
support OF the war, are now quite alienated
IRON it, is also too well convinced in his own
mind to be really open t. argument. Assuming
/ cur suspicious to be correct Land they are uni
/ rCIsallV entertained among lawyers and pOltti-
! Clans al WashIDgton), Judge Wayne, OF Georgia,
/ would hold the casting vote. The natural pre-
sumption is thaJ he would side with his Demo-
/ cratic associates, and such is our expectation;
/ Vet so patriotic has been the course of Judge
Wayne during the last six years, and so sincere
( has Appeared to be his desire 10 do his dGty
] m n hi q
aha,l have at least as much confidence in his
/ imparuality as in that OF the best OF his asso-
ciates. The other judges, Swayne, Davis, and
! Miller, have never been known as politicians,
/ and will no doubt consider the important ques-
toDs before them il truly judicial spirit.
We feel bound to express our regret tuat the
/ distinguished Chief Justice OF the Court has not
| since taking his place upon the bench, more
! strictly abstamed from taking part in political
! discussions. 1t is not easy for one OF such de-
/ cided convictions and energetic spirit to sit
| quietly by while great battles are being fought
. in which his sympatties are strongly enlisted;
/ yet such was the duty OF bis position, and he
has greatly weakened his influence over the
/ Court and his hold as a jurlst upon the pubic
/ confidence by pursuing Il course which, in any
. executive or legislative officer or private cltl-
zen, would have been eminently honorable but
| winch was Unsuited to the Office OF Judge. And
his repeated declarations IN favor OF universal
suffrage lave iIrtated some Of his associates
iItO counter-deClaTaiOn OF hostility TO II, which
must greatly EN- mOarrass Their action when poll,
. solution,
The particular case which it is reported will
be made the means of bringing the subject OF
reconstruction before the Court, is one arising
~ the United States District Court OF Alabama,
in which, it is SAID motion will be made 10
dismiss the appeal on the ground that the State
has ceased to exist, and that the Court has
lapstd with it, The decision OF this motion
need not aud ought not to have the least bear
inc upon the question of the validity OF Mr..
Johnson's Southern Governments. A State
may, perhaps, exist without any government
for time, and Federal Court created for O
Sta e may not and we think does not, expire
with the State Government, or even with the
State itself. An apneal rom the State tribunal
in one of the reconstructed States would present
the real issue more clearly, though even that
would not necessarily turn upon the issue o.
reconstruction.
The chief duty Of the Court as we conceive
in 6ealing with the tremendous questions
which will be brought before it, is to con6nC
itself strictly to the matter IN hand, TO decide
the precise points before it, and to abstain
rigidly from the slightest discussion of polidca
questions rot necessarily involved. Expression
OF opinion Oh points not clearly presented b.
the acts OF each particular case viii not onlI
3 amount TO nothing as precedents of law bu
will break down the reliance Of the country OF