The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-05-07
me esorEIa Pe.l.len.


Ihs argument in The Supreme Couri
upon the Georgis petition was very
skillful upon both sides. The plea Of
the Attorney General was mastery. Il
was clear, concise, and conclusive, and
Its simple reasoning is comprehensive
by every body. The reply Of Nj.
o'Conor was adroit and able; but 1t did
not deny the conclusion of the Attorney
General that the power claimed for the
Court is virtually the absolutely SUI
preme power Of the Government. in
deed Mr. O'Conor, although asserting
the old dogma of the three coordinate
branches Of the Government, subsran-
italy denies it by claiming power for
the Supreme Court to denounce in ad-
vance oftts operation = law of Congress,
and to order the President not to obey
it. That he calls it an "aets of Congress
Instead OF . law Is OF no importance
unless he holds that no act of Congress
is TO be considered q law until the Court
certifeS its conStitutionAlity.
Mr. Stansbery'B position Is, that the
Georgia petition claims for the Supreme
Court veto superior 70 that OF the
President; power to stay every law OF
Congress before 1t proceeds 70 execu-
! ton, and before any case has arisen IN
I der il; power which may be invoked
| whenever nominal parties can be found
/ 10 annul laws which the people consider
! wholesome and necessary, and which
they instruct their representatives 70
pass. Moreover, Is claims that the Su-
I pTeme Court shall settle :he most vital
| OF all orr political questions Of the
/ present tune, whether the late rebel
/ States are still States In an entirely IN
| disturbed relation 70 the Union.
Mr.. O'Connor replied that the Attor-
ney-Generafs argument conceded that
Georgia Is State in the Union. But II
II besuch State Congress has no more
Constitutional power TO regulate the
suffrage in Georgia than In New York
or proud Massachusetts, Indeed,
much of the argument of Mr.. O'Connor
Was merely a repetition Of the Demo-
cratic speeches in Congress against the
Military BILL Like them ne discussed
The question as II there had been no war.
Like them he entirely omitted to state
that Congress, which is constitutional
ly authorized 70 make war, can alone
determtne when war Is at an end, and
what measures the security OF the
county demands. Like them he omit
ted 10 state, thar as the surrender Ieft
Georgia and other States without civil
Government, Congress Is constitution
ally authorized 10 guarantee such u
government to all of them. Like them
be does not state that Congress Is the
sole judge Of the measures necessary to
give effect 70 the Emancipation Amend
ment. His argument, like the Demo-
cratic speeches, leaves the actual situa-
ton out.
The doctrine Of Mr.. OConnor's argu.
meut Is fatal to the Constitution and to
the country. Il erects the Supreme
Court into a political power. II the
Judges may control the Legislature, yet
are appointed without popular election,
and for life, the people are defrauded OF
their sovereignty and the whole gov.
eminent is subveFted. This point Is
Fishers Trial Of the Constitution'tSa
remarkable work, Published by Lip
Pineott, In Philadelphia, In 1862, when
the present questions we're still pros
Pecttve. Speaking of the very dogma
advanced by Mr.. O'Connor, Mr.. Fisher
says: Such 4 doctrine must In the
end destroy the Judiciary. The people
Will not bear political power which Is
independent of their control. If the
Judiciary exercises such power, it must
become Representative, which is the ma
ture OF all political power under free
Institutions" II the Supreme Court
may decide whether Georgia is a State
Il may pronounce any law of Congress
Invalid, and forbid the President to ex-
ecuie the laws; then Jefferson was cor
rect in saying that the Court would
prove 70 be the chief source OF danger to
our Liberties. If AIr. O'Connor'a argu-
ment be sound, the supreme power Of
this nation Is lodged in a body of nine
men who hold their Office for life.