The Portland daily press., 1868-01-21

PORTIAND
Tuesday Morning, Jasuary 81, 1873
The supreme Court.

The Supreme Court. ~.
The two C, ses before the Supreme Court,
which have created so much alarm and excite
ment are the Texas Indemnity Bonds ease
and the case of McCardle Of Mississippi. The
Texas bonds, were authorized by an act OF Con
eress approved Sept. Q, 1850, TO idemnify the
State of Texas for her REIMBURSEMENT OF all
claims upon the United State, and for CON-
1 pensation for the surrender TO the United
States OF her ships, forts, arsenals, custom
houses. &C., which became the properly OF
| the United States at the time OF her annexa-
| ton. Oftbese five per cents. s2JT 900 were
1 reported By Secretary McCulloch as outstand-
ing on the 1st of January, and il is understood
that the whole or a large part of them are in
the hands OF White, Chiles and Company, of
| Kentucky, and other parties in New York
and elsewhere.who bought them of he Con
iederate Government Of Texas during the
war. Some time last year, Mr.. A. I. Mefrick
| of Washington, as counsel for the State of
Texas, applied for and obtained an injunction
to prevent the negotiation OF the bonds thus
sold. The purchasers now come into court
and ask a dissolution of The Injunction, on
the ground that Texas is not a State in the
Union and has no standing N the Supreme
Court. ...-. .,s.
The case of McCardle involves the consti-
tutionality OF the reconstruction laws. Me-
Cardle is the editor ofthe yicksburG Times.
and being like many editors south and some
north of Mason and Dixon's line, noisy.
brawling fellow without sense or discretion.
1t became necessary tor General Ord to have
him arrested for publishing libels on officers
OF the Freedmens Bureau and articles tend
Ing to excite disturbance of the public
peace and further designed, as was alleged, to
fltimida.e loyal voters and to hinder the
work OF reconstruction in Mississippi He
was brought before military commission
for trial, but was subsequently produced in
the United States District Court in answer to
awrit OF habeas corpus and after argument
was remanded by Judge Hill 10 the custody
OF General Ord's deputy, General Gllem. An
appeal was promptly taken from this decision,
on the ground that the reconstruction law un-
der which the military commission claims ir-
risdiction is unconstitutional. 1t is reported
that five OF the eight judges OF the Supreme
Court are OF the opinion that the law is not
distinctly authorized by the constitution, and
the House of Representatives has accordingly
in great hurry passed law requiring the
assent OF two thirds of the full bench to any
decision adverse to law Of Congress. This
at the first, glance SCENES to be provision es-
sential to the stability of legislation. A two
thirds majority OF the two houses OF Congress
is requiredato override the veto of the Piesi-
dent, and it scenes entirely just to require the
agreement ct two-thirds Of the court to abro-
gate,a law Of ofCougress. On the other hand it
is urged with great force that the validity of
the acts of Congress is constantly liable TO
come in question in controversies between in
dividuals involving rights ofproperty, and the
establishment Of this lule gives an unfair ad-
vantage to the party resting his claim upon
the validity Of such an act. a-g
Ii the Supreme Court could be relied upon
to contines itself TO the business for which it
was constituted, the decision of questions of
law and equity before il, With sole reference
to the rights involved and careful avoidance
or intrusion into the domain of legislation,
then indeed its high standing in the earlier
days of the Republic might remain utloues-
toned; then IT might claim the reverence of
all men as the very fountain OF Justice: then
the decision Of any and all questions which
could come before it, might be awaited in
confidence and lett safely to majority OF the
cOrrt ITnhannilv tin oou,t hoe olr,o A.. -.
dragged into the political arena in one memo
rable instance. Uuhappily there is now an
uneasy suspicion that this case Of McCardIe.
which if taken up in its regular order would
be postponed two years, will be brought for
ward on the docket for political effect. We
are not prepared to believe that the Supreme
Court will so degrade itself, but il there is any
danger of it Congress is acting wisely in pro-
viding against that danger. The business of
the Supreme Court in this case is simply to
secure MeCardle in his rights. The postpone
ment will not affect him unfaVorably. While
the case is pending proceedings before the
military commission are stayed, and the de-
fendant goes about his business ON ball In
good time a decision is reached and he is
either remanded for trial or sent to the civil
courts @
But il for the sake Of declaring its opinion
of the recent legislation of Congress, the court
goes out of its way to take up this case, it viii
unquestionably be medding with very dam
gerous subject. 1t has already held the war
with the rebels to be a regular territorial war,
attended by all the incidents OF war with an
alien enemy. The terms of reconciliation
after such war, call them by what name you
please, are Of the nature ofa treaty. II is the
business of the Supreme Court to construe,
not to make, treaties. 1t is the American
people who are entitled TO decide, through
their representatives, on what terms the COM
pact abjured By the Southern rebels shall be
renewed. They have decided. The plan of
reconstruction is already marked out. No
human power can change it. 1t the Supreme
Court wantLnly NEEDLES with it, the court
will suffer but the determination of the people
will remain unchanged. A popular movement
cannot be controlled by judicial decisions, and
for that very reason the judiciary should, in
order to preserve its great and benefcent le-
climate influence, keep aloof from purely
political questions. What effect would a de-
cision from the bench on the constitutionality
of the call for troops have had in 1861? 1t
would have been laughed to scorn. The court
prudently avoided that. question in 1861, and
we trust it will exhibit the same prudence
now. If it persists in meddling with matters
which it can not and should not control, it is
worth considering whether it may not be best
for Congress instead Of changing the constitu-
tion of the court to impeach the judges.
A EH!ogy of Woman by "Marls Twain.'
b. At the dinner given by the Correspondents
Club at Washington, on Saturday week