The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-01-14
The Supreme Court will Sh.rk the
Question.

Question.
Those who have expected from the Sn.
,.eme Court a decision adverse to the
nnSiitutionality of the reconstruction acts
sill in all probability be disappointed
10, only will Congress attempt to prevent
.ch decision by passing a law making
necessary that two-thirdS Of the judges
all CONCUR in any opinion upon such a
.rstion, but the Judges themselves, being
-s,ly mere Republican partiSans, will
save of the rendering Of decision in any
s.,e Of the sort. The following statement
O. the Washington correspondent Of the
yrw York Times strikes US as being true
q the letter:
There has been much talk and many
minors within the past few days relative
. au expected decision Of the Supreme
Court involving the constitutionality OF
d. reconstruction acts. A careful inquiry
;..o all the facts authorizes the statement
"a, no such decision need be anticipated
some tine 70 come. But the state
rror concerning the status of the court
On this question derives considerable sig
aiucauce in the light Of recent develop
mcn,s. Ii will be remembered that last
summer the court decided adversely IN
tie Sbarkey injunction case, and an
bounced that the opinion at length would
be. given thereafter. Chief Justice Chase
y-c'e the opinion denying the prayer Of
he petitioner, baSing its rejection on the
.so4d ground Of an affirmation Of the con-
,:,ationality of the reconstruction acts Of
Congress-. On consultation the judges de-
,jnvd to accept this ground for the rcjec-
ion Of the petition by vote Of three IN
.-yor 10 five against. And then 1t was
greed that the petition should be rejected
On The legal grounds which were given in
The Georgia case-want Of original juris-
i.c.ion-and this, | believe, is a correct
statement OF the case. The conStitu-
iyaalily Of the reconstruction acts was
LOT directly Involved in the Sharkey case,
b.. Chief Justice Chase sought to settle
i-e question at once by affirming their
yaitjly, with the result above stated.
There is a case now on the docket Of the
Sipvcme Court which does involve di-
:ectly the cOnStitutionality Of these laws.
!. is that Of McCardle, of Mississippi, ar
:ssed By General Ord, vino appeals on a
:s:gSal 10 Issue writ Of haJeas corpus.
This case is No. 800, aud if it takes its re-
guar order, is not likely to be reached for
Ayrar or two. Mr.. Black has entered a
notion TO have it brought forward and
lizard at al carly day. The court has not
ye: heard this motion, and there is not
much probability of its being granted
Wien it is heard. That the position Of
tie Supreme Court on the RECONSTRUCT
lin question excites much concern in
Iyngress is evident from the fact that the
.gase Judiciary Committee to-day, in
.-siering the Senate bill fixing FIVE as
lie quorum Of the Supreme Court,
t-ended 1t by adding new provision, that
Il any decision involving any constitu-
-'2al question two-thirdS Of the whole
g4n must concur to make it of force and
'-sct. 1t was expected to introduce and
As this bill in the House to-day, but
] .:r'e was no opportunity therefor. 1t
II. be pushed through at an early day, in
%.cipation OF an event indicated above"