New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-04-08
p0pnCAR OPINION. AND THE ENFORCE
NENT ACT.

popnr1R OPINION. AND THE ENFORCE
NENT ACT.
The Democracy point triumphantly to
the recent decision of the Supreme Court
in the Grant parish case as a vindication
Of their opposition to its provisions. Leav-
ing the unmistakable signs of public opin-
ion out of the consideration, they point
to the action of the court as the infallible
exposition Of not only what the law Is,
but what it should be also. The wishes OF
the people, as embodied in the recon-
structioh laws, are set aside as OF no
weight when compared to the mechanical
views of nine careful old gentlemen,
whose province it is to decide disputed
points under the law, and who have no
more power or influence over the source
and origin of all law on this CONT
tinent-the popular will-than any
other nine gentlemen who have the
right to vote and influence the
votes Of others. No decision of the Su-
preme or any other court can bind free
mans will to an obnoxious principle. 1t
may precipitate catastrophe and suggest
the necessity for prompt and energetic
action, as in the case Of the bred Scott
decision, but it can never convince SEN
sible, thinking men that wrong is right
and should be perpetuated because the
Supreme Court tells them that the law as
it stands provides no remedy for it. The
court has not, in any manner, inflicted a
blow upon the Republican party in the
decision referred to. 1t has only admon-
ished Congress that it has not come up to
the public expectation in legislating on
the amendments, and perhaps it may
be said that it has fallen short of the pop
ular will in proposing the amendments.
The idea prevails in some parts OF
this country that it is an anomaly
to say that the United States flag protects
citizen everywhere except at home. The
Supreme Court in the bred Scott decision
affirmed an obnoxious principle which the
American people at once set themselves
at work to overturn. 1t was swept away
by the war, and the court went out about
the same time. 1t may seem little harsh
that faithful exponent of an unpopular
law should fall into disrepute tor merely
pointing it out and enforcing its provi-
sions. Yet such was the fate of the court
as it stood organized in 1856. Twenty
years afterward the same court, composed
entirely of new members, is called upon
to decide an analogous question, and the
decision has caused more or less disap-
pointment. A defect in our system Of
laws has been expo sed. One party re-
lies upon the decision to prove that the
defect is no defect all all, while the other
is already considering the best means to
correct it. The cure may involve fur
ther amendment to the constitution, and
the necessary legisla ton. It may even
be necessary to change the members of
the Supreme Court to give effect to the
true principles of the American people as
taught by Jeffrson, Webster, Clay, Sew
ard, Lincoln and the leading thinkers Of
the nation who have acted important
parts during the last forty years.
Already We hear that Senator Morton
regards the late decision Of the court as
unfortunate, and intimates that if the
court really entertains the doctrine
commonly imputed to it about the effect
and meaning of the fourteenth amend
ment he will repudiate it utterly. MIR.
Boutwell, was even more earnest in his
censure, and other Republican statesmen
have followed on the same side. MI.
Bayard, however, looking only to the
present, regards the decision as the signal
for general Jail delivery Of imprisoned
Ku-Klux, and goes SO far as to contem-
plate raid on the United States treasury
to reimburse the mon ey paid by them for
fines, counsel, fees and other costs of
prosecution. Mr.. Justice Davis, to whom
is attributed large share of the credit
for this decision, is freighted down with
compliments. These may be all kindly
intended, but they will crush all the life
out of his chances for the presidency.
We do not censure the judges for their
decision. Perhaps they could arrive at
no other. But We regard it as a
misfortune both to them personally and
to the character of the nation, that they
were unable to read totally different re-
suit in the lesson of the war and the his
tory of the reconstruction legislation. If
the matter is pressed, as Senator Bayard
would urge it, so that the treasury is
made to give up the fines, and the prison
doors thrown open, so that he and his
friends may welcome the Ku-Klux of
Alamance county to liberty, there may
arise another necessity for buckling on
the Union armor to make another effort
in behalf of liberty and American citizen
ship. For there can be no doubt that
those who freed the slave will protect the
citizen and make his own country habit
able for him. This determination can not
be set aside nor even shaken by charging
the advocates of liberty and exact justice
to all men with being radicals and agi-
tators. Men have perfect right to be as
radical as they please, and if they can
get enough votes to sustain them, and,
if need be, force enough to sustain the