The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-03-21
SHARP PRACTICE.

Mingled with leonine audacity the radicals
have good deal of vulpine cunning 1t is
hard to say in which of these qualities they
display the more insensibility and shameless
ness. Their reconstruction policy, their ex-
trusion of Democratic members from the Sem
ate and the House, and their bold assaults on
the executive power, eliminating in the i'm
parchment and trial of the President, are illus
trations of one quality. Their recent legis-
lation in regard to the Judiciary is an illustra-
ton of the other. Fearing an adverse de-
cision of the Supreme Court on the constitu-
tionality of the reconstruction measures and
foreseeing the damaging effects of such de-
cision on the fortunes of their party, they
have been casting about for some expedient
was to pass law requiring the concurrence
of six judges to validate judgment adverse
to the constitutionality of an act of Congress.
Tbs failed, in consequence of the energetic
protests of the public, and the recusansy of
some of the more decent leaders of the Re-
publican party. Then one or two bills were
introduced limiting the jurisdiction of the
Supreme Court. These, too failed The
thing was too palpable even for radical ma
jority. But, meanwhile, the McCardle case
came up; it was argued, and submitted; and
il was feared, perhaps justly, that the decision
would be fatal to the whole scheme of radical
policy. Something had to be done to ward
off this threatened blow. A bill was introduced
which seemed to be no more than measure re-
Quired to relieve collectors of internal revenue
from annoyance; and SO it professed to be.
Taking advantage of the absence of Demo-
cratic members, and without affording the
slightest clue to its object and scope, an
amendment was added repeating SO much of
certain act as provides for an appeal in
hdbeds corpus cases from the Circuit Court to
the United States Supreme Court No oppo-
sition was offered, because nobody not in the
secret understood the game, and the bill as
amendedPassed at once 1t was carried to
the Senate, where it slipped through with
equal celebrity. Not until it had escaped the
legislative ordeal was its import understood,
or its effect upon the case now undergoing ar
gumenti in the court
If, says the New York Times, the only in
terests involved were those of party, we might
smile at the dexterity with which the Demo-
cratic members and senator's were outgitted.
And if in legislation that passes for dextrous
strategy which in ordinary life would be de-
nounced as trickery or fraud, we might set
down the Democrats as dull-witted fellows,
whom their sharper associates are privileged to
out maneuver But, continues the Times, the
proceeding has more than personal or parti-
san significance. A trick il is, and as a trick
it will be remembered, but It is a trick by
which Congress is enabled to forestall the
action of the Supreme Court and prevent
an adverse decision on the merits of recon-
struction by limiting the jurisdiction of the
court. Unless the court refuses to be so re-
strained, and thus comes into direct collision
with Congress, all chance of obtaining iudo-
ment is destroyed. Whether the reconstruc-
ton law is constitutional or otherwise is no
longer matter of moment to sufferers from
its provisions. They are denied the privilege
Of testing the validity of the law by proceed
ing which is virtually retroactive, and which
renders the administration Of justice subor-
dinate to partisan ends.
These are the comments Of a Republican
journal on piece Of legislation contriyed in
the interest of candidate who is warmly
supported BY that very paper There is no