The daily Argus. (Rock Island, Ill.) 1873-1877, 1876-04-04
Ghe 11aiillg Atgns.
A Dead Law.

One hole is enough TO spoil balloon.
The supreme court finds but one hole in
the enforcement act, but that one is quite
enough to make the entire act powerless
and practically void. For it is aaw 10
the sections which prescribe penalties for
the commission of offenses. In the decisis n
of the Kentucky case, sections and of
the enforcement act are held to be uncon
stitutional on the ground that, upon a
strict construction of their terms, they im
pose penalties for acts which the previous
sections of the act had not declared
offenses, and which congress had ne con
stitutional power todeclare offenses against
the United States. The court hold that
being defective in this particular, these
sctions ure unconstitutional and therefore
invalid in every particular-that the courts
have no power to say that provision
which in any respect violates the constitu-
ton still has validity to some extent, or to
determine to what extent. The objection
is narrow and sharp one, bat it pune
lures the act effectively. The difficulty is
only that these sections were not so word
ed as to limit the penalties imposed to the
performance of acts which can coustitu-
tionally be made offenses against the
United States; but that difficulty is fatal
The court has no power to legislate-to
remake an act of congress. In the singu-
larly terse and forcible language of Chief
Justice Waite.
1t would certainly be dangerous il the lrgisla-
tnre could set net large enough to catch all
possible offenders and leave it to the courts to step
inside and say who could be rightfGlly detained
and who should be set at large. This would 10
some extent substitute the judicial for the egisla
6pnArtmenf government
edforce the legislative will when ascertained. If
within constitutional grants of power. Within its
b :yt nd the control OF the courts; but
if it steps outside of its constitu ional
limitations, and attempts that which is beyond its
reach, The courts are authorized to, and when
called upon, in due course of legal proceedings,
must annul its encroachments upon the reserved
power of the states and the people. To limit this
statute in the manner now asked for would be TO
make a new law, not to enforce old one. This
is no part of our duty. We must therefore decide
that congress has not yet provided by appro-
pirate legislation for the punishment Of the ofense
charged IN the indictment.
This is one of the most remarkable and
important decisions ever rendered by the
supreme court 1t marks the commence
| ment of new era in the exercise of legisl-
alive power. During and since the war,
congress has often acted as if it were SUI
preme, not merely within but outside of
error in this direction there was much ex-
cuse. A powerful party persistently tried
| to make the constitution Of the United
States the left wing of Lees army. The
same party had SO construed the constitU-
| ton as to make it the bulwark Of slavery
Public opinion recoiled 1t not only re.
jected with indignation those constructions
which would have deprived the Union Ct
| power to defend itself against armed rebel
lion. but, with natural exaggeration,
sustained congress in the assertion of its
| power, even after the war, to adopt any
measure which it deemed necessary for the
public welfare Then greedy or malignant
partisaGship began to demand, as neces
sary to the public welfare, measures which
were only needful for tie maintenance oil
unworthy or corrupt men in power. %
these measures the enforcement act was
one of the most odious Under it shame
full abuses have been perpetrated. NJ
calm and reasonable legislature would have
failed to see that such an act would invite
the grayest abuses; no legislature animal
ed by profound reverence tor the con
stitution would have passed so far beyond
tie limitations Of its power.
The passion which in those days blinded
many eyes has somewhat cooled. Public
opinion at last perceived that though enc
mics of the Union had tried to prostitut,
the constitution to disloyal uses, still tn,
constitution must be reyerenced and obey
ed as the only safeguard of free institu
tions. A very large proportion of Repub
lican voters. seeing the Infamous abuse
caused or shielded bv such measures a
the enforcement act, were led to realiz
that those acts were both dangerous anC
unconstitutional Fol- time partisanshil
stubbornly resisted, and even tried to pusl
still further in the force bill. Republica
defeats manifested the indignation of Re
publican voters. And now we have frou
a Republican supreme court, in this mast
erly decision, a stern veto of such legisla
ton. There will never be an attempt t
cure by amendments the defects in the en-
forcement act Those defects alone mad
it useful to INSCRIPTIONS rartisans; if
hau not gone beyond the constitutions
power Of congress, it would not have been de
mandcd. 1t will lie dead upon the statute
book, to remind future generations G
Au orleans that no COL ceivable abuse c
the constitution ty one party can justif
disregard If the constitution by the other
N ]. Tribune
| s@
Orders for Printing or Bo K Finding vi
be executed at The ARaUs Office nea