The Daily empire. (Dayton, Ohio) 1865-1867, 1867-03-07
Judicial Recogni ton of states,

inps of the Constitution In their leglsla-
tion upon that question. They will not be
bound by Its provisions. Acts passed by
that body. and vetoed by the President on
account of their want of accord with the
supreme organic law Of the land, will be
re-enacted. and the Chief Magistrate will
be called upon to enforce them, no matter
what -onsequenses may ensue from such
an infraction of the chain which binds the
States together, and protects the citizens in
their right to the unmolested enjoyment of
life, liberty aud property. In this way
congress win ignore the Constitution and
the existence of certain States of the Union,
and attempt 20 manage the affairs Of The
nation without reference TO those great
fundamental principles embodied in the
charter of our national existence.
But this course of action cannot be pur-
sued by he dominant faction without a.
some point coming in contact with the Ju-
dietary. Then will questions arise upon
which the law-interpreting power will
have 10 act. such cases as those of MILL
GAN and the military tribunals In Indiana,
and the lawyers test oath In Missouri, IRE
examples in point. These have bee2 fol-
lowed by others In which the important
Question "are the late revolted States iegal
States i'm the Union? ?" is fairly presented
for examination, consideration and judicial
decision. The first case Is one that con-
Germs the political status Of the State of
Virginia. The steamer George Washing
ton was attached by civil process issued
out Of the court, Of Virginia while laying
las Norfolk. The captain of the steamer
disregarded the process. and. leaving Nor
folk, proceeded to New York. Governor
IPrRPoNr, oil Virginia, issued n requisltiOn
upon Governor FENToN, of New York, for
the arrest of OLNEY. aud his delivery to the
sheriff of Norfolk, to be taken back to
Virginia. Governor FENT0H complied
with the requisitioo the prisoner was de-
livered up and YVES o. the point of starting
back to Virginia, when a writ of hd0eds
corpus was sent out ordering OLNET to be
brought up before court. He was taken Ue-
fore Justice LEONARD, ofthe Supreme Court,
and his counsel urged that no delivery of
their client to the Sheriff should be permit
ted. because Virginia was not a State and
therefore the roquisition OF the Governor
was of no legal value. In reply, Justice
LEONARD said "if Congress thinks there is
no such State as Virginia, | do moi thinl !
shall concur in that doctrine unless am
compelled to do So The ompliance OF
Governor FENToN with the requisition from
the Governor of Virginia wa; . clear re-
cognitioh by that officer that Virginia Is a
legal state in the Union, and the intima-
| ton of Justice LEONARD is an Indication of
the part the Judiciary of New York are
prepared to take in the work 81 restoring
the constitutions life and beingito The now
suspended States.
There l. ,1-o Il case peudiRg , tine Su-
,prcme Court of the United State, which
bring Ip nc anne question of State ex-
l]isteuce. In this issue the state of Texas is
plaintiff. against WHITE and others, who
are holders of about 100000 worth of five
per cent. Texas indemnity bonds. The
plaintiff asks an order cnjoining the col
lection of the bonds. and prays for recovery
of the same. The allegation in the prayer
CT the plaintiff Is that The bonds were I'M
%properiv obtained during the rebellion,
from rhe Military Board in the State of
Texas. contrary to law, and in violation of
the statues of the Federal Government. If
t be decided that Texas can maintain a
suit in the highest judicial tribunal as a
: State, then her right to all the other
~ ubt. and urivilaUas pf a govpreiUu State
can MOI be doubted. If she IS a Stare to
main ain her corporate rights before a
court of law, j. she no d State to claim and
demand representation in Congress? One
right : not more clearly set forth and
guaranteed N the Constitution than the
other. The Texas case. therefore. like that
in New York, bears directly upon the po-
%litical question of reconstruction. and the
Judiciary will have to untangle he diff
r lculties which the Radicals have placed in
= the way OF an early and satisfactory settle
ment of our national disagreement.
!, 1t is a knowledge of this fact that causes
the leaders ofthe Radicals to manifest such
, Il nrelenting hostility to the Supreme Court
and all the nigh judicial functionaries o
y the country, who have given evidence of
determination to stand by the Constitution
and enforce its provisions at all hazards
They Toeaten to remodel the Suprem,
A.. Court for the military tribunal and test-oatl
decisions, and all opinions from the bencl
Of inferior courts, looking to a judicia
! recognition of the legal existence of tn
!, Southern States are denounced as pander
: ing to treason, and upholding and cOun
q tenancing traitors. But despite this cOur
n of action the Judiciary have thus far up
; held the Constitution, and protected tn
a people in their just rights under that in
4 Strument, and their mission will still exten
a TO the settlement OF other important ISSUE
connected with the binding power of law
passed to destroy the States, and take froI
the people a republican form of govern
IT ment."
M u The Boston Daily Advertiser calls i
?, fellow Republicans in Ohio "hypocrites al
towards" and even intimates gratificatio
= that a leading Republican member of Il
present Congress is not reelected to Il
DIT next.
a