The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-02-19
The Supreme Cont Decision.

The decision of the Supreme Court, an
nounced yesterday, falls like bomb-sheIl
into the camp of the Rebels, and their Con-
servative allies; and in proportion as it cha
grins and disconcerts them, will be received
with JOY by loyal men everywhere. In CT
feet, it must he regarded as vindication of
all the positions assumed by Congress, and
as proving that there will be no attempt to
interfere with the operations of the law by
judicial process.
The application passed upon was made on
behalf of the State of Georgia, and was for
writ of injunction. to restrain Federal off
GERS from doing certain acts under the recon-
struction law, upon the ground that said
law is unconstitutional This essential point
of controversy was therefore involved-the
right of Congress to pass and enforce stat
ute, or the liability of its action to be es-
topped by mandate of the Supreme Court.
The Court does not proceed to the deter
mination of the question raised by the petit
TONERS. but dismisses the case for want of
Jurisdiction, on the ground that the subject
is political one, and therefore belongs to
the Legislative branch of the Government.
In other words, upon matters which relate
purely to civil organization, the constitu
tiOnality of expectancy OF measure is to
he determined by Congress, with which body
this power was reposed 1T the foundation of
the Republic.
Few have hoped for this enumeration from
the existing bench of Judges-nor does it
agree with what has been given out as the
opinion of the majority But it is in entire
accordance with every sound principle of
law, and with the only tangible idea of
Republican system. 1t was never intended
that the Supreme Court should exist and act
as supervisory power in our politics, or
that it should at any time supercedc the Leg
islative or the Executive--for then our Gov
eminent would be an autocracy and not
democracy. The design was that each de.
partment should act Independently within
its sphere-Congress to make, the Supreme
Court to interpret, and the President to en-
force the laws. And with wise under
standing of what was requisite to ensure
their safety, our Fathers left the chief con-
troll over our institutions in the hands of that
body which embraces the largest popular
representation, which most keenly feels the
impulses of public opinion and which can
be held to a ready accountability for its acts.
Various attempts have been made lately
to obscure this plain principle, to detract
from the authority of Congress, and to as
sert for the Supreme Court power not mere
ly to pass upon the scope and bearing of the
laws but also to set them aside, and thus to
invalidate by its judgment the solemn en-
actments of Congress. This ridiculous the
DRY has been rebuked in the proper quarter.
The tribunal for which such extraordinary
claims were made by those who hoped to
use it IN the promotion of their own schemes,
has itself repudiated those claims, and as
serted the true doctrine. that questions re-
lating to the political government of the
States do not como within its jurisdiction,
but belong exclusively to Congress-the
wmaking power.
This opinion was pronounced by Nelson,
a Democratic Judge, and concurrcl in by
every other member of the Court. 1t can
neither be attributed to partisan motives,
mol regarded as would be the judgment of
bare majority, influenced by those consider
ations from the effects of which even Judges
are not exempt. 1t will act as oil upon the
troubled waters Of misunderstanding an ap-
prehenson which had become general in the
public mind, that the Court was in some
manner leagued with the President to Oh
struct the processes of reconstruction. In
it. the attitude of Congress has ample vim
dicatiOn; and those who are resisting the
laws are warned by it that their schemes
must prove futile and abortive, and can
work injury only to themselves.-ABany
Erenino Journal