The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1868-03-25
Washington Correspondence Charleston
Coulter.
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COu:ie
WAslIlNGToN, March O.
i The Supreme court has hern for some
Lime chiefly occupied with the McArdle
case, and the argument on both sides has
been conducted by counsel Of eminent
ability. The public have taken IN mu
snal degree Of interest in the case, for
the reason that upon the decision OF the
Court the form OF this Government is in
future to drpend. There has been Il
great mistake as to our Government, il
the Radical doctrines now asserted and
carried out are constitutional.
The public take tho greatest degree
oiintercst in the argument Of the case,
for the reason that it may be the last
occasion upon which it will be OF any
,isc to appeal to the Cour, Cor lis mtcr>
ference to protect citizens or States
lrons the arbitrary acts OF Congress.
The Court sits and acts 1T this mo-
Ment under the menace Of speedy dsso-
luton. Two Bills arc pending in Con.
grcss for its practical suppression. =
Threats are thrown out in the most dis
tinct and vehement manner, that the
Court shall never again assume jurs-
dictlon in any case nvolvin. the valiai.
ty OF the reconstruction or other political
Acts Of Congress.
Judge Blacks speech was - magnili.
cent and ovcIpowcrimg argument against
tic Reconstruction Acts EIe also con-
tended that the Court had power to set
aside an unconstitutional Act Of Con
grcs, and that tl.is Act was OF that char.
actcr was avowed and declared bv It's
author, the great leader Of tho House,
who prononnccdit it to be "outside Of the
Constitution"
1t would seem therefore to be q plain
casc-so plain that no one can doubt
The decision Of tha Court, or suppose
that there can arise any further question
Oh the subject. The President and his
Cabinet, and ninc.tcnths ofall the itrists
Of the land, and lhc author Of the Act
ITSELF pronounce it to be unconstitutional
and void Why should not the Federal
Judiciary DO the same lhing2 Mr..
Carnentcr's argument on the part Of the
r. Nrnmcnt shows us why. according
to his. view, Congress is the supreme,
and in fact the only power in the Gov
eminent. It's powers arc rs extensive
as those Of The British Parliament, and
Parliament can do anything except, as
tho old adagc says, to turn a man into n
Woman. Congress, by its two thirds
20 wcr OF legislation, overridcs the Ex-
cculive; AID as to tie judiciary. it has
10 power whatever TO set aside a politi-
cal Act. So, this Government is at the
mercy ola casual majority Of Congress,
and the Constitution has 10 barrier or
check to It's action, for il MAY go outside
Of these barriers, and do wha, it may
please. .M.g
This being the charac,cr Of our Gov,
cramcnt, it being the absolute and ire
sponsible Government OF Congrossion.
al caucus, "it is pretty nearly over with
us. as Judge Black said. II do not
helievc,' SAID Judge Black, t",hat any.
thing that amounts 10 tho sembldnce
OF II free government will last another
year. Yes, this is tke, third day Of
March 1t may lasta year and a day
il certainly cannot snsvive that, Pc
rod" s}sa I+34S, 3}st
Mr. Carpenter. on the part Of ;thc
Radical caucus Government, argued the
case with great ability. He showed
liza, judge Black, by keeping the re-
bcllion entirely and skillfnlly il The back