Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-04-17

thirteenth and fourteenth amendments OF the
Constitution; the passage of the re-
construction laws, which COngrsfs had
he right to Pass, snd the succe ssfui
restora ion of the majority Of the rebel states
under these laws He reviewed the emancipa-
lion PROCLAMATION of President Lincoln, and
Misunderstanding its immediate effect, he said
thatNhe surrender of the rebellion and the
! amnesty oaths Of President Johnson made il
eisctusl, and the slaves thus emancipRted be
cane a rart of the people Of the United States,
and the htates IN which they were remaiDed
STATES in the Union, with the right in Congress
20 Trsscribe the terms CT restoration. The Cpl
ni0n IS cEceedingly able and interesting.
Justice Grier dissented as TO the merits ard
jur sdiction OF the case, holding that Texas has
10 more right to bring suit in the Supreme
Court than has the District Of olumbia
Texas was not, In fact, a state Of the Union.
Justices Swayne and Miller dissented as TO
jurisdiction only.
The principle that the autonomy Of
he seeding States WIS not in tar de-
5kroyed By The war has been ably argued
in u United States District Court, In
several csseF, especially in q series OF
cases known as the United States Tax
title, by our own bar; and in these causes
the same doctrine on this point now an
uounesd by the Supreme Court, has been
held by Judge TRIGG.
One important consequence must flow
from this decision, despite the reconstrue-
ton laws. That is, that the citizens Of
the Southern States can not be punished
by military courts. 1t strikes down the
military power in these States, so far as
law can now, 10 this degenerate Rspub
lie, accomplish anything. We do not
mean to say thsE event In a Territory mill
tary Isw can be applied to the citizen.
Ga the contrary, We hold that on every
eplt OF earth where the Federal flag
h1ats, the citizen is bylaw out Of reach Of
military courts. But to hold the late Sc.
oeding States still States Of the Union,
aud at the same time to subject
their people to military rule
is SO absurd and utterly repugnant to
reasos, that the most vicious and tyrsn-
nlcal Of our enemies must shrink from
the alternative, abashed at his own in
fanny.
Il is too much to expect that even the
Supreme Court Of the United States,
composed, as II is, mainly Of Radicals,
would at once rise to the highest Judicial
impartiality. Therefore, we do not ex-
psct to fad in the opinion a fair render
ing OF all constitutional questions that
passed in discussion. But a large breach
hes besn made by it in Radical legisla-
ton. This will widen under the pom
derous blows already dealt, and which
will continue to be dealt by the AmeIi-
bar, in whom, as We ones before OBJ
is reposed to large extent the
hopes Of the country for o return to con-
,titationsl methods. We have such con-
fdence in the professional pride Of Weu |
and thoroughly educated lawyer,
hat however low they may at times
g~Toveled ia the mire OF partisan
when they ascend the bench
md assume the discharge Of judicial
functions, we believe that they will in
Iced become High Priests at the Altar
II Justice, undergo a publication and
hold the eTmins high shove the hltb
rom which they may perhaps have
merged. There are not at the Ameri.
sn bar, thank God f.! many such ipcor-
igibles specimens Of professional obliquity
s BINGHAM, BUTLER and HON.. We
rust the American courts, and hope well
Or the future Ia behalf OF personal lib