The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-04-05
The supreme Court and the ReCOnstruC-

The Supreme Court and the Reconstruct
iron, The World.
The Republican, semi-Republioan, and dem-
semi Republican organs strike up in full sym
phony, wailing forth strains of remonstrance
against the attempt to bring the Reoonstruc-
tion law at once before the Supreme Court,
and test its oonstitutonality. We have no
fellow feeling either with their grief or their
indignation. 1t is the unquestionable right
of the Southern people, if they feel aggrieved
by a law of doubtful constitutionality. To asl,
relief and redress from the judicial tribunals.
This mode of opposition to distasteful laws is
peaceable, orderly, deoorous, and constitu-
tional Those who thus apply to the Surname
Court of course eintend to abide by the decision.
and whatever may be the action of that high
tribunal, an early declaration of its relations
to this great question cannot but prove salu
tary. If law which is so sweeping in its
provisions, q law which undertakes To de-
molish and rebuild so many great States, is
to be set aside by the Judiciary, it is better
that it should be declared null at once than
to have the new governments tumbled into
ruins Just as they approach completion
By bringing the application in the form of
an injunction, as is proposed it may be acted
upon at this session of the Court and Con-
gress can meet again in July, if they deem it
needful, to deliberate ON the changed aspect of
affairs.
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 upsetting 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
| Clst) that the law is constitutional; (2d) that
| it is unconstitutional or, (3d) that they have
| no jurisdiction on the subject. The first and
the last of these suppositions would be for
all practical purposes identical, and if the
! Court do not declare the law null they will
probably dodge the question by disclaiming
| jurisdiction. So far as other considerations
| than a strict regard to the Constitution inhu-
ence the Court, such considerations will ope
rate in favor of evading the question instead
| of deciding it, The history of the excitement
| which followed the Dred Scott decision and
of the mischievous reaction which that decision
provoked, will naturally make the conserva-
| tive members of the Court cautious of supply
ing new fuel to the dying embers of radical
ism. The Court impairs its credit and estima-
\ tiOn by making decisions which other depart
ments of the Government refuse to be bound
by. If they declare the law unconstitutional,
President Johnson will, of course, withdraw
his generals and refuse to execute it. But
| Congress will no more admit the Southern
members than they did before. They can
shut them out and the Supreme Court cannot
| review their action. They can refuse to count
the Southern electoral vote, and there is nc
authority competent to call them to account
The result would probably be, that the radi
Gals 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 radical re-
construction would be resumed. With such
| possibilities in view, the Supreme 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 adopt
ing this course, they would be using mere
pretext to avoid disagreeable complications.
The following extract from Chief Justice
Taney's decision in the Rhode Island rebellion
case may furnish the key to their probable
decision Under this article of the Constitu-
ton, it rests with Congress to decide what
government is the established one in State.
For as the United States guarantee to each one
republican government, Congress must
necessarily decide what government is esta-
blished in the State before it can decide
whether it is republican or 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
that the contest in this case did not last long
enough to bring the matter to this irsue and
character, is recognized by the proper constitua
tional authority. And ats decision is binding on
ece other question an judicial tribunal 1t is true
as no Senators or Representatives were elected
under the government of which Mr.. Dorr was
the head Congress was not called upon to
decide the controversy. And get the right to
decide IS placed there and not IN the courts"
In view of this authoritative exposition, we
may conjecture, without much hazard OF
error, that the Supreme Court will decide
that the subject about to be brought before
them does not fall within their purvew.
And even if this is to be the barren result OF
the application, it is better that the decision
should be made, and made Immediately. 1t
will settle doubtful minds, and prevent any
further grasping at straws. We therefore
regard the authors of this movement as bene-
factors, not as disturbers. When the Supreme
Court have decided, as they very likely will,
that they have no jurisdiction, that part OF
the Southern people who as yet halt and
hang back will come forward and work eff
GENTLY in the new reconstruction. The Afri-
canizing Republicans deprecate this, as they
wish to control the Southern elections them
selves, through their tools and agents.