The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-05-11
A Powerful ,Argumen,c,


Walker, Esq, before the Supreme
Court, on Friday last. Its great
length precludes its publication in
our paper, but we extract the sub
joined remarks from the LateRigencer's
comments, which will give our read
ers some idea of the points made:
We do not propose to follow Mr..
Walker through his masterly argu-
ment. We publish the speech in full.
1t speaks for Itself. It is the crowning
effort of life illustrated by eminent
services, and in force Of reasoning, in
breadth of craftsmanship, in fnmi-
liarity with constitutional principles,
and in aptitude and fertility of illus
tration, it is destined to take rank
with the great masterpieces of foren-
sic eloquence, and forever settle Mr..
Walkers place amongst the great
constitutional lawyers of this country.
There are several points. however,
which we cannot forbear noticing.
We think Mr.. Walker has silenccd
the outcry against political decisions.
He has not left shred of argument
with which that demngogic cry can
be maintained. He shows that most
Of the great decisions which sprung
from the great brain of Marshall,
or were illustrated by the learning of
Story, have been political in their
character. The United States Bank,
dividing parties at the outset of the
Government, and furnishing tie point
on which several Presidential contests
hinged. was not ruled out Of court
on the ground of its being n political
question. The tariff is political
question, as is the question involved
in the Milligan case and the test oath.
So, too, the construction of treaties
involved the highest political consi-
derntions, yet, by the terms Of the
Constitution, was imposed upon the
Supreme Court; and the various cita-
tions made and illustrations offered
are woven into an irrefragable argu-
ment against the absurdity of the
clamor dgainst political decisions.
Another point presented with great
power is that on the function OF tho
Supreme Court, as the expressly
created tribunal to which the States
are entitled to appeal, when nggrieved
by IN invasion of their constitutional
rights; and the argument that to deny
them redress instead of pronouncing
on their claims was to justify seces-
sion, by showing cause for it, is ire
sistible. This is playing into tho
hands of extremists. Mr.. Walker
quoted, with great force, the advice
given by Jackson, Clay, Webster and
others to South Carolina, in nullifca-
ton times, to appeal to the courts
instead of setting aside the legisln-
tion of Congress.
The status of the States after the
insurrection was suppressed, was very
happily presented. After foreign
war, and the withdrawal of the force
which overthrew the administration
of law in any State, it's citizens would
be restored to their constitutional
rights, and could, of their own mo-
ton, re-organize the State Govern
ment under the same constitution,
or create another and make it to suit
them, subject only to the Constitn-
tion of the United States. SO, when
the insurgent power of rebellion
was overthrown, its ordinances of Sc
cession being utilities, its officers
created under hostile regime being
illegal, the citizens were entitled to
reconstruct under the same constitu-
ton existing before rebellion, or
under one altered by themselves.
But they are citizens entitled to n
citizens rights-subject to citizens
penalties for misconduct.
The conquered province theory
met with no better fate tn an the he
resy of political opinions. It was
shown that the late war was not war
within the meaning of the Constitu-
ton; it was simply suppression of
rebellion. Tne territory was not con-
quered territory; its people were citi-
zens Of the United States, restored to
their constitutional obligations-not
aliens subject 10 the mere will Of q
successful enemy. The concluding
appeal to the court not to indulge in
an evasion of their duty, by acting as
those who wished the downfall of our
Government would have them, but
to discharge their obligations as the
high court of last resort, was most
eloquent and impressive. The speech
and its arguments will long be quoted
MS q mastery analysis of the powers
of the Government, and an exhaustive
exposition of the functions of the
supreme jndicature, and powerful