The Montgomery advertiser., 1903-04-26
White India Linons.

founded upon the publication of articles alleged to be incendiary and hbellous.
 A motion was made in the Supreme Court to dismiss the appeal for want of jurisdiction. and, after argument. 1t was denied. At the next term of the court. on End, 3rd. 4th and 9th March, 1868, the case was argued very thoroughly and ably upon it's merits and was taken under advisement. An act was passed by Con- gress vetoed by President Johnson and on March 27, 1888, repassed by the constitu- tional majority, repeating so much of the act of Congress under which the appeal had been taken a s authorized such an ap- peal Before a decision was announced by the court argument was heard upon the effect of the repeating act. The re- suit was that the appeal was dismissed by the court for want of jurisdiction.
 The decision of this case would have brought in review the validity of the re- construction acts. McCardle was rep resented in tho argument at the first hear ing by Jeremiah Black and William L. Sharkey. At the latter hearing Judge Sharkey alone appeared. He was a law yer of great ability and a man of unim- peachable integrity. He was for years the presiding judge of the High Court of Error in Mississippi and was the
 
 1865 and 1866. Tn his brief In. this case as printed in "A United States Report page 57O appears the following paragraph: This case had been argued in this court, fully. Passing then from the domain of the bar. 1t was delivered into the sacred hands of the judges; and was Tn the custody of the court. For aught that was known by Congress. it was passed upon and decided by them. Then comes on the 27th of March this act of Con- gress. Its language Is general, but. as was universally known. its purpose was specific. If Congress had enacted that the Supreme Court of the United States shall never publicly give judgment in the case of McCardle, already argued, and on which we anticipate that it will soon de- liver judgment, contrary to the views of the majority in Congress of what 1t ought to decide, Its purpose to interfere speci- fically with and prevent the judgment in this very case would not have been more real or. as a fact, more universally known"
 The learned Chief Justice, in delivering the opinion of the Court. says: We are not at liberty to inquire into the motives of the Legislature. We can only exa n- inc into Its power under the Constitution: and the power to make exceptions to the appellate jurisdiction of this Court is given by express worlds
 Thus the case passed out of sight.
 Correct, Theory.
 cannot better conclude what have to say today than by rehearsing what MT Justice Lamar If the United States Su- preme Court presented in bis oration on MT. Calhoun which. I believe to be the theory of the Constitution entertained hy those who participated in the sec ession moven ent. Mir. Lamar was philoso- pher blessed in the highest degree with wisdom He said:
 "The American Union is a Democratic Federal Republic. a political system com pounded of the separate governments of the several States and Of one common government of all the States. Each was created by written constitution. those of the particular States by the people of each in its sovereign capacity. but acting