The Montgomery advertiser., 1908-07-02

divided the southern states into yided for provisional governments and the conditions under which permanent governments might be formed and the in the Union, In this pleading Mis- sissfppi alleged that her accession was a, nullity and that Congress could not expel her from the Union. The Court edy was impossible; for if the Court forbade the President to execute a law, how could 1t enforce obedience to it's mandatef If the President disregard do? If he obeyed. it. then Congress could impeach him for refusing to car- ry out the law, and how could the A little later . similar effort made by the State of Georgia to prevent the Secretary Of War. the General of the Army and the Commanding Offieer ss- signed to the district from carrying into effect the same measures met a
 It is not to be supposed that these invocations of the. protection of the Su- authority under foot of military pow CT; against disfranchising the large proportion of the white and intelligent voters and enfranchising the ignorant and black: against .Africanizing the Southern states were undertaken rash ly or by other than most eminent counsel. There is in the argument Fos ys an sSs ss s m nd @ Ra,Pt To whom shall we go if not to thee?'
 In 1881, the Court was called to decide whether Texas could sue as q State. in all It's provisions looks to an inde- structfbie Union composed of inde- structible States"; that Texas never ceased to be q State nor her citizens to be citizens of the Union. Otherwise the State must have become foreign and her citizens foreigners; the war must have ceased to be a war for the war for conquest and subjugation: that as provisional government had been formed since the conflict # was the state. Three of the judges held that whether q community was a State. and that test was representation in Con- gress. As Texas was not represented in Congress, the Senate and House bers. this fact was conclusive against her claim to be State.
 Several cases were brought to the Su- preme Court argued and submitted. in- ton acts But before the Court had decided them, Congress passed laws talxing away the Jurisdictfon of the Supreme Court in these cases. and they shows the folly of talking about judi cial tyranny. The oue power in every free government is the legislative pow CT. This represents the people. The veto is poweriess and the President must enforce # or he will be no long CT President Johnson's impeachment failed because 1t could not be proved that he had refused to carry out any law. If the Supreme Court is recalci- trant there are many ways to bring 1t to terms. The Lords persist and the Commons persist the Commons make more Lords. IL has never with lfa come come to this yet. The simpler plan is is ordinarily efficacious--to repeal the law giving the Court Jurisdiction
 I have not meant to give the impress sion that the matters dealt with by the Supreme Court arising out of the war were so dealt with during the war. Court until after the war had closed. And some are of very recent date.
 Before concluding this address I should like tosrefer fo some of the war judges with particular reference to the contribution by each of a notable de- cision involving the issues of the war.
 Judge David Davis was appointed the office of Circuit Judge he was a delegate at large 10 the convention which nominated Lincoln and had much to do with his success. He was always much interested in public events, and would not have refused a nomination to the Presidency. He left the bench in 1887 to so to the Senate.
 It c. generally believed that but for this Republicans and not the Dem ocrs vouid have bemoaned the par tisapship of the Electoral Commission and It's constant vote of eight to seven.
 He was a just and upright man and took such personal interest in cases