The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-10-02
= c..,,onara Last Letter,

Mr. Stephens's Last Letter.
r,a Augusta (Ga.) Coastst"flonon" y.
last Thursday contains very ,, ."ns h., $40, No.
, ~o Hon. A. II. STEPHENS defining MS po,
s;t,on flor the one hundredtn t,he1 80 w
SUI ,.a W., omendments to tho Federal Con
. ., Tic totally disclaims having
sannso,,ea the snnulling OF the amend
80. hv the Executive branch OF the
Gs.ornuoent but admits that ne wouio
like to see President electeu ""o "o"'o
practically treat them as nullities Dy open
inc the doors of the tails and setting free
everv person who might have been i'm
nrisoned under their operation, and par
don,ng oil who might afterwards De con-
yicted In the Federal courts. He quotes
from MIR. JErFERsoN's letter to Judge
RoAHE the following comment upon tne
doctrine that ssthe judiciary is the last re-
"sort IN relation to the other departments
"of the Government :" $500,
"If this opinion be sound, then inaeea
is our Constitution complete Jeg ue o.
Eor ;ntonding to establish these depart
mems. coordinate and independent, tha'
thew might check and balance one announcer,
it has given, according to TINS oplnlon, "
one of them alone the right 10 presc,,,,o'
rules for the government OF the o'heis'
Mr.. STEPHENS says he agrees with Mr.
JEFFERSON upon this point. 1t iol'o"s'
then. according to Mr. STEPHENs's own
doctrine, that even if the Supreme court
OF the United States should pronounce tue
amendments null and void for want OF con-
sttutionalty, the President Would Sui IL
have the right land it would be bis duty IL
he differed with the COURT to treat them rs
in full force! We are amazed 10 see such
teachings coming from the pen OF MI.
STEPHENS. He proceeds to declare MS De-
lief that the amendments are Absolutely
null and void; that the laws passed unucl
their operalion were also null and Vold 40
5nto. and need not be repealed, out shouio
be condemned as if they had never been
nassed-unconstitution laws being enti-
tied to no respect whatever. But accord.
ing to bis own doctrine, this question oi
constitutionality is one which zach sew
eral department Of the Government
must decide for itself, and therefore,
although Congress and the Supreme Court
should both decide that these amendments
are valid. the President has the right 10 treat
them as valid; and rice rerSd. w hat h lhuoole
Mr.. STEPHENS would make of them, 10 DC
SIRE. What a beautiful Government we
should have with the several departments
of the Government at loggerheads-thc
Executive enforcing laws which the JudI'
ciary had pronounced unconstitutional,
and Congress making laws lover the telo)
which both the Executive and the Judicl-
ary might disregard and treat rs If they hao
never been passed. This is truly least OF
fat things to which Mr.. STEPHENS invites
us. We would vastly prefer the "ncw
DEPARTURE
MIR. STEPHENS goes OH TO argue that the
courts have the right to pass upon the
amendments. He says:
"Thc mode aud manner in which new
provision may be Incorporated IN the Con-
stitution, 10y way Of amendment, are cf-
7,ressly pointed out in the Jtb article oil That
Instrument. Whether the acts OF Congress
in relation to these amendments were III
accordance with the provisions Of this arti |
cls OF the Constitution, directing holo 1t |
NAV he property amended, IS rs much
Question tor the courts To inquire into as
any other act of Congress-
We have heretofore made exactly the
same point. 1t is good one. II, how
ever, does Mr. STErHESSS case no good, for
he holds that even if the Supreme Court |
were to decide that the amendments are |
not parts of the Constitution, the President
and all other Executive officers would sill
have the right To act upon the contrary
opinion and to enforce the laws passed
under their operation. Why mock us with
such barren remedy DIS this' He con-
tinues
"Tho Judiciary is no more bound in any
case, coming property before it i'll its
sphere, by what Congress, or the PrcSi-
dent, " both together, shall declare the
Constitution, or any of It's amendments to
he, than the President, or Congress, is
bound in their respective spheres by any
decision on such subjects by the Judiciary"
Here, again, is the clear admission that
the courts cannot bud the President or
Congress. II needs no comment.
We deeply regret Mr.. STEruESs's erratlc
course. His letters damage our friends in
the North. The Radicals will declare upon
every stump that we desire to elect u Pres
ident who will treat with contempt the
laws passed by Congress and the decisions
rendered by the Supreme Court. Mr.. STE
rHENs insists upon not recognizing the new
amendments as parts Of the CONSTITUTE n
until they shall have been pronounced such
by the Supreme Court, and then tells us in
=. al
court do not bind the Executive nor the
Legislative department Of the Government.
lie stabs his friends at the North under the
NTH rib. He offers us Of the South a REM
cdy which he himself declares is no remedy.
Was there ever so wise L leader? ST the
blind lead the blind shall they not both fall
into the ditch!"
Mr.. ApAMs.--JouS QUINCY ADAMS, of
Massachusetts, never writes Il letter intend