Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-04-02
A NOBLE PROTEST AGAINST JUDI
CUkV REGR AnRrUnE


court of the power 10 adiudicate the case.
After some eolloquy between Justices
Chase, Field and Judge Black, the venera-
bic Judge Grier said he desired TO submit
the following paper, viz:
Er pdrte William II. McCardle. This
case was fully argued in the beginning of
this month. 1t is case which involves
not only the liberty and rights of the ap-
pellant in this issue, but of millions of our
fellOw-citizens. The country has a right
to expect that it would receive the imme-
diate and solemn attention of this court.
By the postponement of this case, this court
will subject themselves, whether Justly or
uniustly, TO the imputation that we have
evaded the performance of duty imposed
upon us by the Constitution, and waited
for legislation interposing to sHpersede our
action and relieve us from our response
bility. can only say: Pudet hoe opprO-
brittm dici et non pOtuiSSc repelh."
Which, literally translated, is, Il am
ashamed that such an opprobium should
be cast upon the court, and that it cannot
be refuted.' The Judge further said, he
desired to clear his skirts of the matter
The protest of Jddge Grier against the ac-
ton Of the court in refusing to decide the
case, when it is admitted they stand six to
two against the constitutionality Of the re-
construction law, stands out in bold relief
as compared with others who have evaded
the ISSUE"
1t is honorable to Judge Grier, who is,
we believe, the oldest Judge on the Su-
preme bench, that he should protest
against this crime-for it is a crime-of
the Supreme Court against the rights and
liberties Of millions Of people in the
Southern States. The course which the
Supreme Court has pursued in this Me-
Cardle case is well calculated to leave
the impression that that tribunal is in
collision with the usurpers in Congress.
Here is case involving the constitution
atty of the reconstruction laws, which it
was desired to have passed upon by the
Supreme Court at as early day as pos
sible In order that this might be done,
permission was asked of the court to
bring forward the case, and the request
was granted The case was fully ar
gued before the court, and that tri-
bunal was expected to, render a dee
cision before the close of the term.
1t seems to have leaked out that
the Judge has formally considered the
question and arrived at a decision, and
that that decision was adverse to the con-
stitutionality Of the reconstruction acts
The Radicals then applied themselves to
the task of preventing the rendering of
this decision. How they succeeded is
not known to the public, but delay was
secured and bill was passed through
Congress taking away the appellate ju-
of the Supreme Court in
ha6eas corpus cases, which was intended
to reach this case Now as to the agree
ment of the Judges upon a decision in
the McCardle case, agate" the usually
we'll informed Washington correspond
ent of the Cincinnati Gazette, and
withal a Radical of the straitest sect,
wrote as follows on the Goth of March
1t appears probable that whatever may
become of the bill taking away the appel
ate jurisdiction of the Supreme Court in
iobeas corpus proceedings, the McCardle
Ease will be decided The court is ex-
,onfn1 - ssu.,t Il. l..
must move on to judgment,
md that an attempt to apply the bill to
luch a case would be clear instance of
Z post facto legislation.
The apprehension has been almost uni
7ersal among Republicans that the decision
would pronounce the reconstruction laws
and that, on the strength
If this, Mr.. johnson would at once with
lraw the troops from the Southern States.
The current belief has been that five out
If the eight judges would so decide
Nelson, of New York, Grier, of Pennsyl-
7ania, and Clifford, Of Main, who were on
he bench before the war; and Field of
California, and Davis, of Illinois, from
lmong Mr.. Llncoln's appointments. That
his is the view of all the above, excepting
Mr.. Justice Davis, is generally understood.
Mr.. Davis is known to have expressed dis
approval of some of the reconstruction
legislation; but it is not certain that he |
will go to the length of pronouncing it all |
unconstitutional. He was the intimate |
friend of Mr.. Lincoln, and is be- |
ieved to have shared more of his conf |
fence than any other man in public life
On the other hand, Justice Swayne, of |
ohio, and Miller, of Iowa, are believed to |
'egard the reconstruction legislation as con-
and TO be certain so to decide. |
Mr.. Chief Justice Chase's position has been |
much questioned, and there has been vast |
leal of exhortation as to his duties, by those |
Who think that the first duty of the highest
judicial officer of the nation is TO look after /
he interests of his party. In this, as in
he impeachment proceedings, it may be
certain that he will take counsel,
whether for good or i'll, solely of his iudg-
nent and his conscience. But he is known
o have said that the most ardent desire of
is life was to see the Southern States re-
tored TO their normal relations to the
Jnion, under the reconstruction policy of /
congress and in the decision in the case
{ the Indiana conspirators, he has put on
ecord his opposition TO the trial Of citi-
ems before military courts in time Of
eace. From these two facts it might, per-
APPS, be inferred that his decision would
e adverse to the right of military trials,
ut not to the general reconstruction
olicy.
In any event, however, it seems proba-
lie that one-half the judges, if not (by the
ID Of Mr.. Justice Davis an actual ma
,rity, will pronounce the reconstruction
iva unconstitutional. Precisely what will
e the results Of such a declaration none can
redict; that they will be far-reaching,
one can doubt
Here is Radical testimony that the
Judges of the Supreme Court had agreed
pom decision in the McCardle ease,
nd that it was adverse to the constitus
onality of the acts by which Congress
seeking to reconstruct the Southern
tates in the interest Of the Radicals and
egroes The postponement of the rem
sring of that decision until the next
,gular term of the court has been se>
lred by some means, and the bill de-
irving the court Of appellate iurisdic-
On in such cases has become a law hv |