The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1869-10-30
Peoples Ticket.
THE COURTS AND RADICALIsM.

During the wa there was practically no
rule Of action on tribunal Of justice in the
country, in matters the most remotely con-
nected with political questions, except the
will of Radical legislators and the within of
military commanders. The furious cry Of
LOYALTY ntimdated the courts to give decis
ions outside the law and constitution on
grounds Of necessity. But recent adjudica'
tons both in the Federal and State courts
show that reason and law are again taking
their seats, from which the war dethroned
them.
Soon after the close of the war the Su-
preme Court Of the United States decided, |
what every lawyer knew before, but what was
ignored during the war, that military
"court" had no authority TO try and con-
denim to death citizen in the State OF In
diana. Soon followed decision from the
same tribunal, that contracts for the pay
ment of gold were really contracts, and
could be enforced in courts Of lava prop.
osition which some State courts, under
political influences, and from fear of politi-
cal prescription, had denied, and held that
though the specific Performance OF any o'h
er contract for the payment or delivery OF
particular articles Of merchandise could be
enforced, or fell damages for non-perform'
ance recovered, contracts for the
payment. of gold constituted an ex-
ception. Soon followed decision
by the Supreme Court of Tennessee, upset
ting the iniquitous franchise law passed by
a Radical cabal calling itself the Legisla-
ture of that State, whereby a Radical Gov
ernor was authorized to exercise legisls-
tive, executive and judicial power in cX-
GLIDING men from the polls, and in securing
certificates of election to be issued to de-
feated Radical candidates. Within the past
few days the Supreme Court has given a
decision to the effect that the people of Mis-
sissippi, though recently rebels, have not
yet lost the privilege Of the writ of habeas
corpus, which the reconstruction legislation
undertakes to deprive them Of by making
military power the supreme authority IN the
State. There is bat little doubt but tina
this will be followed up by further decls'
ion that military "court" has no more
authority to try a citizen not in the military
or naval service, in Mississippi than in In
diana. There is Furthermore but little doubt
that when the financial nerves Of the coun.
try are thought to be strong enough TO stand
the shock, the Supreme Court will make
known its long withheld judgment that the
whole law making anything but gold and
silver u legal tender, is unconstitutional.
The State Of Missouri, long in the very
depths of Radical degradation, begins to
receive its proportion of justice from re-
enthroned law and reason The infamous
oath prescribed By its Radical constitution
has been set aside, by the Supreme Court Of
the United States, as unconstitutional
probably the only instance in which q
clause of a State constitution, adopted since
the Federal constitution, has been declared
void. And now we have glimmer Of light
and reason from even the Radically packed
Supreme Court Of Missouri. Abraham Nc
Pike, of that State, some time ago brought
suit against Samuel MCGOWAN and others,
registering officers in Rails county, for wan,
tonlv refusing to register him as qualified
voter in 1866, and thereby depriving hiT
Of his vote The case was brought before
the Circuit Court of Rails. The defendants
demurred to the petition that they, as reg
istering officers, acted judicially, and, as ju
dicial officers we're not liable in civil actions
for their decisions. The Circuit Court helt
the demurrer good, and gave decision il
favor of the defendants. The District Court
by q division, affirmed the decision. Ar
appeal was taken to the Supreme Court, ane
that tribunal has Just reversed the decis
ion, and remanded the case to the lowe
court for trial on its merits. The decision
holds that registering officers, though, hk
Judges of election under the old law, exeI
else. quasi judicial functions; they are no
udicisl, but maglsterial officers and thai
although the Registry law as passed in ls6
expressly exempts them from responsible
for refusing to register applicants, they ar
liable, nevertheless, if the refusal be prove
to have been malicious, corrupt and wrong
full. The law under which this question
raised is most ubiquitous one, passed t(
the purpose Of prescribing and keepit
from the polls all who do not bow the kn,
TO the Bsal of Radicalism, aud yet it g
pears that some of its worst features are
be weeded out even by a Radically chose
court.
Thus it appears that one by on
and little by little, al the most formidab
bulwarks which Radcalism erected arour
itself during the war, to ward off the blow
OF 0n outraged and oppressed people, a
being battered down.
Sz~nzz--a=s<r@z=-az<~-
Female Lawyer
A Chicago correspondent of the Ne