Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-01-24
From the New York World.
&c The Combat Deepens ''-The New Recon-
structfon Bill

Struct1On Bill
There has never been time, even in the
extrac rdinary period through which we are
passing, when the political atmosphere was
so surcharged with electricity as at the pre-
sent moment. Congress feels that the bolt
is about to fall upon the structure it has
been SO laboriously rearing, and it has aban-
doned all other business in its haste to erect
protecting lightning-rods. The Supreme
Court is the quarter from which the ex-
pected stroke is to descend, and besides
the contemplated bill for gaging that tribu.
nal, bill was introduced in the House yes
terday, and is to be hurried through by un'
precedented and unheard of means, fol
withdrawing the Reconstruction law from
| the jurisdiction of the Court. Its initial
section provides that the State governments
| of the excluded States ''shall not be recog
nized as valid either by the executive OIL
| judicial power or authority of the United
States Not only is two-thirds majority
of the Court to be required for pronOunc
ing any act of Congress unconstitutional
but the leading feature of the Reconstruction
acts is to be withheld from judicial consid
Grafton. When Congress proceeds to suct
an extremity, it must be in state of des
peraton. It's intended enactments are
as blind and futile as they are desperate.
Suppose Congress should pass bill enact
| ing that the State government of New
York 90 shall not be recognized as valid by
the executive or judicial department., could
our State government be in this way
crushed without judicial remedy? Such
q law is just as subject to Judicial revision
as any other. Ii constitutional rights are
attempted to be subverted by an act OF
Congress, the act is just as void in one
shape as in another. If the State govern
ment Of New York cannot be subverted by
such bill as was introduced yesterday,
neither can the Government of any other
State.
Such is the haste to push this bill through
in advance of the decision II the Supreme
Court on the Reconstructio acts, that dis
cussion is to be gagged, and arguments
against it denied hearing. We clip the
following statement from a despatch in the
Evening POST:
The resolution provides that when the previous
question is called there shall be no dilatory mo-
tons entertained by the Speaker, the rules of the
House in relation to such motions being suspend
ed until the bill is disposed Of.
Besides an attempt to dictate the deci-
sions Of the Supreme Court, the bill pro-
poses to divest the President of the com
mand of the army conferred upon him by
the Constitution in the most explicit and
unequivocal language. We copy the second
and third sections :
SEC 2. BE It further enacted, That for the
speedy enforcement of the act entitled " An act tC
provide for mere efficient government of the re.
bel States passed March g. 1867, and the several
acts supplementary thereto, the General of the
Army of the United States is hereby authorized
and required to enon by special orders upon all
officers in command within the several military
departments within said States the performance
of the acts authorized by said several laws above
recited, and to remove by his order from command
any or all OF SAID commanders, and detail other
officers OF said army, not below the rank Of colon
ell to perform al the duties and exercise all the
powers authoriz d by said several acts, to the enc
that the people of said several States may speed
| " reorganze civil governments. republican in
FORM in said several states, and be restored to
political power in the Union.
| SEC. 3 Be it further enacted, That the General
OF the Army is authorized to remove any ali CT.
vii officers now acting under the several prOvi-
slOnal governments within said disorganized
States, and appoint others to discharge the duties
pertaining to their respective offices, and may do
any or all acts which by said several laws above
mentioned are authorized to be done by the sew
eral commanders OF military departments within
said States, and much of said acts of any
act that authorizes the President to detail mill
tary commanders to said military departments, or
to remove any officers which may be detailed as
herein provided, is hereby repealed
If it be possible for any bill to be at va
rance with the Constitution, this is. It is
a self.evident proposition that if the Pres
ident has right to command, the officers
of the army are bound to obey. But here
law is proposed releasing them from the
duty of obedience The Constitution de-
clares that they shall obey, and Congress is
about to declare by law that they shall not
In case where the conflict is so clear, we
do not see how the President could be JUS
tilted in paying the slightest heed to the
law. If Gen. Grant, Or any other officer
refuses to obey his orders, it will be his
duty to put him under arrest and appoint
a courtmartial to try him for insubordina-
ton and mutiny.