Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-01-17
THE WILMINGTON JOURNAL
WILMINGTON, n. c..
FRIDAY, JANUARY IL. 1865.
win the Reconstruction Acts Stand

broken the power OF hdOICdiiSlI' anu VA
ticials are not afraid to perform their duty
regardless of party threats, the unconsti-
nationality of the Reconstruction acts are
beginning to be the popular and probably
vital objection in the way of the Congress
sional plan for the restoration of the
Southern States As the time approaches
for the hearing of the cases testing the
force of the Reconstruction Acts now on
the trial docket of the Supreme Cont, the
impression is gaining strength that the, de-
cision of that tribunal viii be adverse to
their constitutionality. The fact that
Senator SUMNER is trying to force bill
through Congress requiring two-thirds OF
the Judges of the Supreme Court to con-
cur in an opinion to give it validity, but
serves to confirm this opinion. Neither
the threats nor the hedging Of Congress will
now be able to intimidate these officials,
and we may hope soon to have a direct
decision upon this important question.
independent of the decision of the Su-
oreme Court, none but the most blinded
partizans can suppose the negro govern
nents established in the South by means
of these acts can be durable, when the en-
tire white population Of this section and q
large proportion, we believe q majority, Of
the Northern people think that they are
unconstitutional. The Southern people,
sustained by their convictions and sup
ported by great party at the North, Will
never submit to these acts, except when en-
forced at the point of the sword. These
military districts are so opposed to the
spirit and existence Of republican govern
ment, and so expensive withal, that the
people will sooner or l.er demand the
withdrawal of the armies upon whose bayo-
nets rests their support, and then these
negro governments must topple from their
very weakness and wickedness.
In view of the facts, however, that the
question is to be again brought before the
Supreme Court, and in such form that
the Court cannot disclaim Jurisdiction, the
New York World says that there is a we'll
founded expectation that the decision will
be against the constitutionality of the law !;
and if so, the Reconstruction experiment
will explode at once in the hands of its
conductors. A lawyers reason for expect
ing this result would rest upon the consti-
tutional argument; but the popular expec-
tation is supported by the admissions of
Republicans. As a specimen Of these ad-
missions, we insert the following paragraph
from the Ere71ing Post:
<,r41 OH,
ton would tell rs how soon the southern States
are to be reconstructed if the acts of rec0nsIruc
tion themselves to be tinkered every few days.
When these acts acre originally presented 1ce
thouqht them u1l2ciSe 57apT0cticGOto, AND EVEN
CONSTITUTIONAL bit zoe 9cere orld7ng 10 Gcqu1eSce
in their adoption order to secure TeeSta5iSi-
7Saent Of the States, and f1reUeIt the adoption Of
arbGt might be aC0TSe. Once within the Union,
with their equal constitutional rights acknow
lodged, the States wcIld have full power to frame
and modify their institutions as they pleased.
The Times, another Republican journal,
mas a hundred times avowed its opinion
that the Reconst :uction acts are not author
lied by the Constitution. THADDEUs
STEVENS has again and again declared that
in passing them Congress acted outside
the Constitution and he has spoken in the
most contemptu0us terms OF the Republl-
cans who believe or pretend otherwise. At
least one Of the Senators who voted for
them has confessed that he thought them
unconstitutional at the time, and that he
accepted them only to escape worse evils.
Attorney General STANBERE who argued
against the jurisdiction Of the Supreme
Court, in the cases which came before it
last spring, expressed himself against the
constitutionality Of the acts, in his eighth
of January speech, with vigor and en-
phasis which has startled and alarmed the
Republican members of Congress.
It is probable that the Supreme Court,
when the subject was before it last spring,
shared the opinion of the EUening Post,
REvERDY JOHNSON, and SO many others,
that an adverse decision would merely
breed greater mischief. Congress seemed,
at that time, to be so powerfully backed by
the Northern people, that decision
against the law would not have been re-
spected, and legislation would have been
adopted to change the organization and
undermine the independence of the Court.
Besides, it was supposed that is the South
failed of relief in the Supreme Court, it
would acquiesce and submit to the inevita-
ble The judges were probably not sorry
that the cases came up in such shape that
the Court could not take jurisdiction of
them.
Since these cases were argued the situa-
ton has in all respects changed. The
domineering strength of the Republican
party, by which Congress was supported,
has been broken. All expectation that the
South would ever acquiesce is extinguished.
Congress will no longer dare to re-organize
the Supreme Court or to defy its decisions.
The independence of that tribunal, then
impaired by Republican menaces, has been
restored. And as a case is about to come
before it of which it has undoubted juris-
diction, it will decide one way or the other;
AID there can be no reasonable doubt that
it will decide against the constitutionality
of the Reconstruction law.
A decision to that effect now, will be of
irfinitely more seryice than II avonld have