The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-02-27
ForestaII,ng the Court.


Congress evidently fears to trust the
Supreme Court upon the Tenure of Of
flee Act. That it has no confidence in
the dishonesty of that tribunal, appears
from the recent attempt to abridge the
power of the Court III announcing de-
cisiUns. That Congress is particularly
shaky over the Courts possible con-
struction of the Tenure of Office Act, is
shown in the headlong haste with which
the President is arraigned, i'll advance
of any judicial declaration of the ille-
gality of his action.
=. If the President has been guilty of a
violation of law, it occurs to us that
the case of Congress would be all the
stronger, if backed by decision of the
Court. JOHNSON could then have no
loop-hole of escape. AS the matter
now stands he may plead precedent
usage, and the inapplicability of the
Act to STANToN's case, but should the
Court declare the Act valid and apple
able, there is an end to JoHNsoN'S de-
fence.
Is it likely, that if Congress believed
that the Court would sustain this Act,
it would not back up its course with a
judicial decision3 We think not, and
We conclude that the precipitancy of
Congress is due to its fear of the Court
and its anxiety TO shun decision from
that tribunal.
Let the Supreme Court once declare
that the Tenure of Office Act is no law
aud what becomes of the Congressional
nnpeacherss What miserable tricksters
would they not Immediately appear
Their thunder pouch would be empty
their bolts cold, their fury wasted, and
their stormy pretext of justice would
become thin and vapery as the mist
They are afraid that the action of the Su-
preme Court would leave them without
case, and they prefer resting their
action upon doubtful principle, to
risking decision that may leave them
like the mole which unexpectedly digs
itself out of tae ground, exposed to the
light of day with the dirt of their dig
ging defliHg their heads.
Taking this view of the case the
World says:
This hot and headlong haste is 4 Con-
fesson by Congress that it does not
stand on toDablp ground. Congress it.
self has evidently 10 sincere belief in
the consttulionality of the law which
II arraiguS the President for violating.
The Republicans know that every rea-
sonable presumption is against it. They
know that the same identical question
was debated in the first Congress, and
decided against the doctrine now set up
by the Republicans. They know that
Madison, Fisher Ames, and the other
great lights of that Congress argued
with convincing cogency that the
Constitution left to the President
the right of removal. They
know that this right has been
exercised by every President from
Washington down to Lincoln. They
know that Stanton himself, the man
whose quarrel they have espoused, and
in whose behalfthey are acting, advised
the President to veto the Tenure-of.
Office bill as repugnant to the Constitu.
ton. They cannot expect that the con-
siderations which controlled the decision
of the first Congress, which gave stead
mess and uniformity to the practice Of
r seventy years, which constrained the
Judgment and extorted the condemna
tion of Stanton himself,-they cannet
expect that those powerful and con
Vincing considerations will bs