The Carson daily appeal. [volume] (Carson City, Nev.) 1865-1870, 1868-01-15
THE GREAT QUESTION AT ISSUE.

tent and scope of the political powe
vested in Congress by the Consiitu
ton 2" is To be brough, To determine
i've trial. AT any rate, Congress seems tt
be moving in direction which mus
lead to such result. If the appr-hen
sions felt by those who are in sympnth!
With Congress, and the anticipations I"
relief through the Supreme Court indnl
sei in BY the Copperheads and unre'
constructed rebels are to be fulfilled BY
the predicted action Of that Court, then
10 that tribunal and not Congress the
ultimate political power in the land A
case that may come up for determine
ton is, as we understand matters, in
substance thus:
Congress, in order that it's plans OF
reconstruction may he successfully com
pieted has conceived Of guard agains
tue unfavoranle action of the Execuuvs
aud of the Judiciary, first BY declaring
that no civil governments exist at thu
south. This, of course. is 10 direct an
,Agonism to the doctrine of the indies
.ructibiiity of States and State Rights.
Secondly, in order that this position
may not be assailed and overthrown.
Congress has agreed, as part of it's
corh;l III DrociHapt frnp,
eoRnizing any civil governments in
the suhjugated States and prohibiting
tls Supreme Court from taking cogni
zauce of any law cases purporting I"
come from any of the said States. Ou'
Of this prom Igation of plan two con
tingencies may arise First, the veto of
the President, which will undou5tedl,
De exercised and oyerridden by two
tairds vote. Secondly, an opinion of
the Supreme Court adverse to the con
stitulionaliiy of the Act forbidding them
from entertaining any Causes which
may be presented for their consideration
Involving the political status Of the in
surrectionary communities.
OF course, law that becomes such
despite the Presidents veto is quite a<
binding upon him and demands execu
too at his hands quite MS much AS
though be had never disapproved of its
esactment. He must execute the law
upon pain of impeachment. But the
Supreme Court has a right-or, perhaps |
better stated-has the right 20 claim the
right of passing upon the constitution !
ality Of any law Of Congress. Should
is attempt to do, then will Congress, if
il has the stamina to follow its action
to its logical consequence, proceed 10
take such action as shall settle the
question and draw the line of demarca-
too between its political powers and
the peculiar bounds of action of the
Supreme Court. This, it strikes US,
can be accomplished but in one way
BY the impeachment Of such of the
Judges as have taken upon themselves
70 disregard the law of Congress for
bidding them to take action in the pre-
misses.
As at present accepted, the Supreme
Court of the United States is the ultima
thule of all law. If it has the power to
do what is claimed for it by the Demo-
cratic party and President Johnson. it ,
10 also the repository Of supreme poll
teal power Aad i. is the place for final /
arbirrament Of all civil questions that
ito mem bers may choose to act upon ,
uutii a certain other Court is convened.
That certain other Court is the Senate :
If the Uniied States sitting as high
Court Of Impeachment.
Now the case that may come up is '
this: The Supreme Court decides the r
laws Of Congress directing the method I
,f reconstruction, unconstitutional. e
Such decision being made in violation b
II the Law of Congress inhibiting the =
Court from taking action upon cases
:pmicg up from the South, the impeach- I
nSut of the Judges follows aud then J