Year: 1868

"a New-YOrk Lawyer illumines the columns
of The Times with several guesses at the
bearing of the famous Dorr case on the ques-
tions now agitating the country, and especially
on the respective powers Of the Legislative
and Judicial departments Of our Federal Gov
ernment. HE says:


"In the Dorr case, os understand H. the Court was
called upon decide which Of two sets OF funct0narles
claiming to exercise governmental authority IL the state
OF the question utterly impraccable in that case IL
attempted 10 prove by election returns that Gov
DORIS party were IN the majority but the court says no
action could be predcaed upon such evidence ana hod
that the Court is bound to recognize the legality OF the
National Government recognized This is said TO be
political question which the Court referred to another de-
partent OF the Government to decide and was virtual
confession that the Court subordinate to another De
partment Of the Government


vertlbe terms, ind most exicogaphers give as
primary definition Of the word political as relating TO
these cases II will be that in the last the ques
ton was not before the Court as in the tirst


In the Dorr case the PLAINTIFF and defendants were
respectively seeking protection under the law and the
Court bound to adudge between them II IL had been
proper in which TO abide by the determination OF
another department and act accordingly. a.. g.,
port Of these But my impression is that the Court
In JustIfying this recognition Of he authority Of ne Etec
Rhode Island say nothing Of Congress-"


You see this "New-York lawyer guesses
all the way through that the Court held as he
wishes it had done. If he had only looked into
his books, he would not have so stultifed him
self. For Chief-Justice Taney in laying down
the law of the case, expressly says:


The fourth section Of the fourth article OF the Const
tuition OF the United states provides that tho United
States shall guarantee to every State republican form
of government shall protect each OF them against IN
vaslons aud upon the application OF the Legislature or
of the Executive (when the Legislature cannot DO con-
yeuedl. against domestic violence.


"Under this article Of the Constitution, 1t rests tgn
one in state For the United states guarantees to
each State republican government Congress nl,f ne
cessary decide what government Is established IN te
State before can determine whether 1t republican or
not And, when the Senators and Representatives. OF
State are admitted into the council OF the Cn0n tne au-
thorty Of the government under which they are appot
ed well its republican character is recognized Dy
the proper constitutional authority And its decision
binding every other department OF the Government
and oOuid not be questioned In judicial tribunals IL
true that the contest in this did not last long enough
10 bring the this issue and as no senators OF
Representatives were elected under the authority or the
Was not called upon to decide the controversy Yet the
ri1ht 10 decide is placed there and not in the courts


On Erskine.' said testy judge to great
barrister if what you lay down is the law,
"may as well burn my booksw =" L think, my
"lord," replied the advocate, =" that you might
"better read them !"