The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1868-02-12

h-A Radical sEcRET DisetosRD ---wHYfTHR
NC lCArs DIE, CASE WAS ADVANCED ON THE
p DocKET7-THE CASE OF WEST. VIRGINIA. 81
isias s5a&y5d .ele4 ----44-. gls0g8g biaR Ias1gB
lgorrespondence Of The N Y. p xpress,fe
WAsa1SeroS, Jan, 22.-Since; the pas
sage Of the Reconstruction bill, yesterday,
by the House of Representatives, Radi7
cal secret has been diyulged by some one
which exhibits a, wider plotting on the part
OF the copspirators than. had even been
suspected BY, the country. The Recon
stluction bill provides that any one ats
tempting to binder Or retard its, execution
shall be guilty f a misdemeanor. This,
it was supposed, was aimed at the sPresi-
dent, should be attempt to assert eripro;
tect his constitutional prerogatiyes This
supposition was true as far as, it went, but
the provisions, Of the bills makingrit q mis-
deneaner to retard or interfere with its ex-
.ecution was also aimed at the other and
third department of the ,Goyernment-the
Supreme Court ofthe, United States. y 90;
This is true to the letter. The informa-
ton was communicated to the Judges COM
posing that court prior TO- their consider
ing the. Nc Cardle motion; and during the
conference on that motion. there IS reason
Ito believe that at least one Of, the Justices
earnestly urged that the McCardle case
should be taken up at once, IN view of the
startling events transpiriBg in our midst,
and the vast responsibility resting upon the
court. He urged The importance loff set.
ting these grave questions, before the court
found itself in the meshes of the conspira-
tors. 1t is an understanding, intended to
be kepta profound secret among the Rad
icals, that under the provisions Of theER Re
construction bill, should any of the Judges
of the Supreme Court express an opinion
adverseto its constitutionality, such Judges
can be limpeaehed forsa smisdemeanorl and
convicted before q Radical Senate.lg Thus
they propose getting rid of the obnoxious
Judges and securing o courtcwhieh will
sanction and approve their usurpations
The Judges themselves seem to- beafnHy
warned of these infamous plottings against
the integrity of the court and theit OVID of
fetal existence. The secret has leaked out
and hence the anxiety on the part of some
Iof the Judges to bring on the McOardle
case, for q hearing at Treason to
our present Government seems to Turk IN
ieyery movement of the 'Fortleth Congress,
| The case of Virginia VS.. West3N irginia
which has been before the Supreme Court
for adjudication, has placed thelcourt ina
predicament Ilewsito the history,of jufis.
prudence. Virginia sued for the counties
of lBerkly and Jeferson--settiDg up heI
little to the same. West Virginia fled .
demurrer and the gcaseswas argued and
Submitted to the Court. Chief, Justice
I Chase announced yesterday that the court
stood equally divided on the whole, ease
and further, were equally divided son the
Question as. to what order Should be made
lin the case. Chief Justice Chase and jus
tees Grier Swayne aud Miller were for sus
tanning the demurrer, while Justices Mel
IIson. Clifford, Davis and Field were in fa
! iyor of everything it. Thus, under thelrule
4 tie party holding the affirmative lost the
case; the second important question sprane
'Iup, which party held the Affirmative. Chase
|. and his party insisted that Virginia must
! lose the counties, as She. commenced the
], suit, and he'd the affirmative while Nelson
! and the judges who agreed with him on the
! first question, claimed that West Virgin
| ia, having entered the demurrer. had assam
ed the affirmative side Of The isstie, and The
court being divided, the demurrer fell, and
i with II the sclaims of West Virginia BE
ling thus divided ON the proper order to Be
made by the court; no order can be nade
1 until the court is 5ehangedb BY death Of other
wise. 8 gslslls { ''&s'sial.A ~ n.
Thelclaim ofvirsihia u to 6sth these two riiicsI
] and populous counties is based upon the
fact that, after agreeing to thairl cessient to
4 West Virginia her consent was; withdrawn
before Congress had acted in the matter and
approved the cession.. nThis was the maif
position taken by Virginia, and to Chi;
1 position West Virginia demurrea. CWheth
! er, West Virginia was, or was not, q State
in tile Union did not enter into the consid
4 Grafton 81 the court. 1t is apoliticA qaes
! ton which the court prefers to- consider as
already settled, and one dangerous tore
opengin these revolutionary Htimes.ii esEs 9
4 esf fsssr>sS-~~s,,SS-.e. L~-ees~o-c~eSL n s8T {
{, ofaA saw Settled. 4. u ssR } 5Ss