The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-04-23

secession Is practical treason, seeking to
give itself triumph by revolutionary vic.
lence. The late rebellion was without
any element OF right or sanction of law.
and the duration and magnitude of the
war did not change its character.
The States in rebellion were never ont
OF the Union, and never absolved from
the duties. liabilities and restrictions
always incumbent upon them. On the
second point, it is said that without the
remedy, the compact may not be said to
exist. The ideas of validity and remedy
are inseparable, and are both parts of
the obligation which is guaranteed by
the Constitution against invasion; hence,
that denial OF the remedy by the State
was not valid, because it annihilated the
compact. The third of the propositions
is said to be clearly uusound. Con-
gress authorized tho State to frame
q new Constitution, and she elected
to proceed within the scope of the
authority combined The result was
submitted to Congress as voluntary
and valid Offering, and was 50 received
and recognized in the subsequent action
by that body. The State is estopped to
asscil it upon such an assumption. Upon
the same grounds, she might deny the
validity of her ratification of the consti-
tional amendments. Tho action of
Congress upon the subject caunot be in
qnired into. The cnse is clearly one in
which the judicial is bound to follow tho
action Of the political department of the
Government, and is conducted by it.
1t is added that if Congress had ex-
prcssly dictated and expressly approved
the proviso in question, such dictntion
and approval would have been without
effect. Congress has no power to super
sede the Constitution of the United
States.
Mr.. Justice Swaine delivered the
opinion; as, also, in tho case from
Arkansas, No. 42, Orborn vs. Nicholson.
ct al.
In that case there was q warranty thnt
tho slave was sound, and that he was q
slave for life. The Court says that such
warranty does not extend to the c1-
ercise Of the sovereign power of the
State, by which the slave was emanci-
pated. and that the thirteenth amend.
ment of the Constitution does not affect
the question. Tie contract being valid
when made, was enforcible in all courts,
and that subsequent legislation, either
by statute or constitutional provision,
could not render it invalid.
The Chief Justice disscnted, and
stated that he would give his grounds in
an opinion to be filed hereafter.
In the Honse, large number of bills
were introduced. The new revenue bill
was read. These proceedings crowded
out the usual hllibnster over civil rights
The report Of the conference COMMITTEES
regarding straw bids was adopted. A
bill was introduced repeating the law re-
qulring cigar makers to give bond. a
counter-statement regarding the Ala
bama claims was received from the Pre-
sldent. 1t is very lengthy and polite.
but firm in support of the consequential
damage clause. There WAS struggle
between free ten and coffee. The North
Carolina senatorial contest was up. Ed
munds and Pomeroy indicated that they
would vote against seating Abbott.
The Court of Claims to-day decided
cotton cases involving nearly 81, 900, 600
agalnst the Government. which had been
withheld upon the Drake amendment,
which the Supreme Court decided un-
constitutional. The cases decided wore
chiefly from Savannah, and include the
Elyee case. Other cnses will follow.
The Drake amendment, which has been
NSS'oSo uuCouottCutlOuul, luVuilunteu
Presidential pardons.
Probabilities barometer will
continue rising from the lower lakes to
the Eastern Gulf and Eastward to the
Atlantic. over which region clear and
pleasant weather will generally prevail
on Tuesday. An area Of low barometer
is advancing Eastward over Montana to.
ward the North west, and over the latter
the pressure will continue diminishing,
with increasing Southerly winds, rising
temperature and cloudy weather, and
gradually extend on Tuesday over the
upper lake region and to the Ohio Val
ley, with very probably threatening wea-
theT. Dangerous winds are not antici-
p1ted, except possibly for the upper
lakes.
MONTGOMERY, April 22.-After long
litigation before Judge Woods, of the
United States Circuit Court, at Mobile,
by W. +. Drake, et al., to set aside the de.
cree of Judge Busteed, declaring the
Alabama and Chattanooga Railroad a
bankrupt, it was decided by Judge
Woods, last Saturday, that the BANK
rupt proceedings were in regular form,
and he declined to interfere. The sale
OF the road came off at this place, to-