The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-12-16

We have, then, again to warn the Demo
cratic leaders of the folly of repeating upon
the fifteenth amendment their proftless
battles of 1868, 1866, 1864. 1868. 1861, and
1860. In 1862, with the aid of John Van
Buren, we got Seymour and the Democrats in
this State on the right track in support of
the war for the Union; but ever since they
have been houndering in the dismal swamp of
those old Southern distractions which broke
up the Charleston Convention and the party.
The true course for the Democracy all
over the Union is that adopted by
those shrewd old time leaders of the
party in Virginia in accepting the situa-
tion and the negro VOTE and in turning it to
good account. On this plan of operations
they may speedily regain the Southern balance
OF power and make the Southern negro as i'm
portant an element of Democratic strength as
was his master in the age before the deluge
On the other tack, that of fighting the fif-
teenth amendment, as they fought the four
teenth and the thirteenth, the result will be
the same-still new lease to the party in
power 1t is all fair to fight an obnoxious
proposition to the last ditch, but when fairly
beaten wise men give up the battle.
A BILL TO ABOLISH THE CONSTITU-
TION.
From the " Y. World
Senator Drake, with more boldness if not
more discretion than Senator Trumbull, has
fully unmasked the aim of the Republican
party In its projected legislation for abridging
the authority of the Supreme Court Mr..
Drake proposes, by one sweeping act to for
bid every judicial tribunal to entertain the
question whether law of Congress is repug-
nant to the Constitution. If this bill passes,
the Constitution will forthwith be piece of
antquated parchment totally destitute of any
binding force. Mr.. brakes bill is in these
words--
"a BILL further to define and regulate the jurisdc-
tion and powers of the Courts Of the United States
Be uenacted by the Senate and House Of Representa-
taDes Of the United States Of America in Congress
Se1nbied That no court created by an act OF Con-
gress or Judge thereof, shall have power in any
case 10 adudge or hold any act or joint resolution OF
Congress invalid, in whole in part, for any sup
posed repugnancy between such act or Joint resolu
ton and the Constitution OF the United States, or
any supposed want OF authority in said Constitution
for the same nor shall the appellate jurisdiction of
| construed to authorize that court, in any
case now pending or hereafter brought before It, to
affirm any order, Judgment or decree of any inferior
| United states COURT of any State CourC, which
shall appear to have been based upon any such ad-
Judging or holding but every such order, judgment,
or decree snail Tor tha he reversed, vacated
and amended nor shall any justice of SAID Supreme
Court in iurtherance Of the exercise Of such appel
late jurisdiction, make aGy order, or authorize or
issue any writ or process, take any proceeding
based upon any such adjudgng or holding by him or
! by the said Supreme Court"
We are not sorry that the design. so long
4
| publican party, to annul the Constitution and
make the mere acts of Congress the supreme
| law of the land, is thus disclosed, in all its
| breadth and nalledness, by prominent Re-
| publican Senator. Instead of attempting to
subvert the Constitution by the ''piecemeal-
| ing methods which have been in vogue for
| the last eight years. Mr.. Drake aims to abo-
| lish the whole instrument at one fell swoop
| For. if the courts are compelled to enforce
yyb ri Lotto in
choose to enact in defiance of the Oonstitu-
| ton, any further pretense that the Legislative
| power is limited by that instrument becomes
transparent and insulting hoax.
Mr.. Trumbul's bill and Mr. brakes belong
| IN the same category, it being the aim of
| both to shield the unconstitutional legislation
| of the Republicans from judicial review
! The only difference between them is that Mr.
! brakes scheme is bolder, broader, and less
| dishonest We have been informed, on
| authority which we deem trustworthy, that
Attorney-General Hoar is taking an active in
terest in Mr.. Trumbulrs BILL and that he has
| approached particularly members
| of the Judiciary Committee-zealously urg-
| ing its passage. 1t is believed that he in
spired Trumbulls bill, and perhaps drafted
| 1t, although its reputed author is Mr.. Sum-
ner, from whose hands it was received by the
Committee on the Judiciary If Mr. Hoar is
| expecting to be appointed Judge of the Su-
| preme Court, it may seem strange that he
should be so bitterly eager to retrench the
authority of the tribunal of which he expects
to be member; but as he is not yet Judge,
this may be his method of recommending
himself to the appointing and confirming
| power.
1t may also seem strange Congress should
continue its hostility to the Supreme Court,
since the retirement of President Johnson
In the early part of Mr.. Johnson's term an act
was passed reducing the number of judges,
on the occurrence of vacancies, in order to
prevent him from making any appointments.
President Grant will be able to appoint two
new judges this winter; and considering the
great age of some of the members of the Su-
preme Court, there will be at least one more
vacancy during his term. The Republicans
being thus certain of ajority of the Court,
why should they wish to deprive it of the
power to decide on the constitutionality of
laws But one explanation can be given
Much of the Republican Legislation is SO mani
festly repugnant to the Constitution, that no
impartial man can be trusted to uphold such
enactments. The Republicans are so sensi-
BILE of the unconstitutionality of many of
their acts, that they are afraid to have them
passed upon even by a court of which they
are certain to have majority.