The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1868-02-08
Status Of tie Parties.

. Wv - itNfN '''s' 49, ~
that the Radicals, too, believe thai
the military bills Of Congress will b,
declared unconstitutional, Whenever
the issue can he brought up, fairly
FOR judgment. II this were not so
If they have not a clear conviction
that the court is an imIediment to
their policy, the boldcst among them
would shrink from the desperate cx.
pedient of lcgislating for the purpose
Of suppressing It's opinions aud com
pclling decision in favor of Con
ggess, by setting the minority above
tho majority.
The introduction Of this measure,
and It's passage through the House
Of Representatives, is conclusive
proof that the danger for them exists
IN the status Of the judges aud also
that they have no hope of success in
their partisan schemes, except by
Stacking the supreme Court az
they have sbacklo,, the President
ard stripping the judiciary depart
ment, as they have lahored with too
much success 10 strip the executive
department, OF NIL capacity to resist
fragrant and Acknowledged violations
/ of the constitution
4 The grounds Of this opinion Of
the status of the judges do not ap.
pear IN any authorized form, AZ
coming from any osc Of themselves
or as growing out Of any judicial
action. Tho nearest approach TO a
judicial opinion against the law was
/ given 10y Judge Chase, at Raleigh,
when he came so near declaring that
the States have always been De jrro
States within the Union He, how
ever is supposed to be now the chief
supporter on the bench Of the ex
tremo disuuiouist doctrine Of State
extinction, The dismissal Of the
Georgia and Mississippi injunction
cases last summer, on the ground of
want Of jurisdiction, was, i'rima tdcic
favorable to the opinion that the
court would not entertain the qucs-
ton Of the oonstitu,iouality of these
acts, considering them to belong to
the political department emily This
was, however, only an inference No
such doctrine was to be found in the
epunciatiog OF the Judgment
1t Is from the interior history OF
these cases that tho conclusion has
been arrived at that majority Of
the court, five judges against three
Judges, is Of opinion that the militia
ry reconstruction plan is unconstitu-
tional. When that judgment was
pronounced, il was stated that the
opinion would be given thereafter,
The narrative of what transpircd
among the judges is that the Chief
Justice made out the opinion, in
which he based the denial of the
prayer of tho petition on the broad
ground tina, these acts arc consiitu-
tioual In the conference among tho
judges, this opinion was rejected by
five to three, and the petition was
dismissed, on tia ground Of want
Of original jurisdiction. This is,
however, far from being a conclusive
fact The want of jurisdiction in
the ease may have been thought
quite sufficient for tho disposal of
the case. The vote does hot neces-
sarily imply more than this, that q
majority, having found one sufficient
reason for decision, did not choose
to take action on another. II it
could no, entertain the case at all,
the constitutional question need not
be brought up ior an opinion, ailir-
native or negative.
1t is therefore from other and cor
robora,iye circumstances that the
impression has grown into a belief
that this vote 10 override Judge
Chascs declaration in favor Of the
law-his obit'r diefnm, as the law
yers would call twas true reflex
Of the opinion of five of the judges
that the law is unconstitutional, and
an assurance tina, they will SO declare
it xhenever case comes up in due
form, unless the voices OF the major
ity shall have been previously smoth-
cred Ly legislative decree in favor
Of the minority.
There are eases before them coming
M on appeal in due form, so that
the plea of want of Jurisdiction. on
which last summers iudgmen, was
given. can no longer apply. That
decision was simply that tho suprcme
Cour. has no original jurisdiction il
these cases. They now oono up ON
appeal
There has been a good deal of
spcculatiop as the subjeet of the
status of tho Judges seyerally. There
has been no list given, claiming 70
be authentic. of The names of the
;ndoes ms ,bev ara THOUGHT To Lo al.
vided on this subject, The current
opinion is. that The majority san,ns,
tie cops,itutiopality of the Inv. il
co,nposea of Judges Grier. Nelson.
Clifford Davis ami Wsyne: and The
minority of Chief j Justice Chase. and
Judge Miller and swaync.
But supposing the law passed by
both Houses and signed, il il posi-.
Die the five jndges Of the court may
= =. -. 49,.