American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1867-05-15
Snistellaneous.
THE GEORGIA PETITION.
USIoNyILLL, PA,

Il
The argument in the Supreme Court upon
the Georgia petition was very skill!ul on
both sides. The plea of the Attorney Cen
e,al was mastery. 1t was clear, concise ard
conclusive, and its simple reasoning is COM
prehensibe by every body. The reply of
Mr.. O'Conor was aGroit and able; but it
did not deny the conclusion Of the Attorney
General that the power claimed for the court
is virtually the absolute supreme power OF
the Government. Indeed, Mr. OConor,
although asserting the old dogma of the
three coordinate branches 0: the Govern
ment, substantially denies it by claiming
power for the Supreme court TO denounce in
advance of its operation a law Of Congress
and to order the President rot to obey it..
That he calls it an "act' of Congress instead
of law is of no importance unless he holds
that no act of Congress is TO be considered
a law until tho court ccrtfcs its constitu-
tionality.
Mr.. Stansbery's position is, that the Ceor
veto superior to that Of the President; a
power to stay ever law Of Congress before it
proceeds to execution, ard before any case
has arisen under it; power which may lie
invoked whenever nominal parties can be
found to annul laws which the people conN
sidor wholesome and necessary, and which
they instruct their representatives to pass.
Moreover, it claims that the Supreme court
shall settle the most vital of all our politis
onl questions of the present time whether
the late rebel States are still States in an
entirely undisturted relation to the Union,
Mr.. O'Conor replied that the Attorney
Generals argument conceded that Georgia
is State in the Union. Bat if it he such
n State Congress Las no more constitutional
power to regulate the suffrage in Georgia
than in New York or proud Massachusetts,.
Indeed much Of the a,gumeut of Mr.. o.
Conor was merely repetition of the Demo.
cratic speeches in Congress against the Mil
itary Bill. Like them he discussed the
question as if there had been 10 war. Like
them he entirely omitted to state that Con-
gress, which is constitutionally authorized TO
make war, can alone determine when war
is at an end, and what measures the secuO
rity of the county demand. Like them he
omitted 10 state, that as the surrender left
Georgia and other States without a civil
government, congress is constitutionally au.
thorized to guarantee such government tC
all of them. Like .hsm he does not state
that Congress is the sole judge of the meas,
ures necessary to give effect to the Emanci.
patton Amendment. Ills argument, like
the Democratic speeches, leaves the actual
situation out.
The doctrine OF Mr.. 0'Conor's argument
Is fatal to the costitution and to the country.
1t erects the Supreme court into political
power. If the judges may control the Leg
isluture; yet are appointed without popular
election and for life, the people are defruud-
cd of their sovereignty and the whole GOV
srnment is subvcrted. This point is cons
clusively treated in S. G. Fishers Trial Of
the Constitution "a remarkable work, pub,
lished by Lippencott, in PhiIadelph a, in
1862, when the present questions were still
prospective. Speaking of the very dogma
advanced by Mr.. 0'Conor, Mr.. Fisher says
" Such doctrine must in the end destroy
the Judiciary. The people will not bear a
political power which is independent of their
control. If the Judiciary exercises such
power, it must become Representatives which
is the nature of all political power under
free institutions" If the Supreme court
may decide whether Georgia is a State; if il
may pronounce any law of Congress invalid
and forbid the President to execute the laws,
then Jefferson was correct in saying that the
court would prove to be the chief source 81
danger to our liberties. If Mr.. o'Conor'
argument be sound the supreme power OF
this nation is lodged in a body of nine men
who hold their Office for life.