Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-07-15

subject to the decision Of the Judiciary, Nherwise
our form Of government is subverted th6constitu-
tonaf provision by which the legislative executive
and judicial departments Of the GoysMment are
separate and distinct is violated SOD there is no
check or control oyer the executive The circnm-
stances growing out of the subject under consdera-
ton demonstrate the wisdom Of the trainers Of the
Constitution, id adopting the principle BY which
Congress has no authority to exercise judicial power
or to confer Judicial power upon department OF
the executive branch of the government. The MIL
itary officers appointed to execute the copscriptlon
acts are naturally prompted to increase tie numer.
ical force of the army, and for, this purpose %
construe the acts to embrace as many persons as
possible For this reason, and as protection to
those citizens who are not embraced by the con-
scription acts, the Constitution provides th'Bi
branch of the government in which is confded the
trust of expounding the law and putting con-
structon upon the acts of Congress, and it follows
that Congress has no power to gnorstth4 existence
of this third branch of the government hnd confer
on the Executive powers which belong TO. the ja-
ID Tie intention of Congress to confer judicial
power on the Secretary Of War, and authorize him
to establish inferior and superior Coure with the
right of appeal to himself If such had really been
the intention, it would have been expressed in plain
and direct terms, and the simple fact that the Sec
rotary of War is authorized 4" to prescribe rules
and regulations to carry the acts of Congress into
effect" which power he would have had almost by
necessary implication, surely cannot when consid-
cred calmly and uninauenced by oollatssal disturb.
ing causes be considered sufficient to cqlfer pow
er on the Secretary Of War totally at Zaance with
every principleO of our government
Sd. If the Secretary Of War and his dinate
officers are investedwfth thisjuReiss p9k$, 30 -
to exclude the jurisdiction of the State Courts for
the very same reason it would exclude the juris'
dicton of the Courts and Judges of the Confederate
States. No provision is made by which case can
be taken for review before the District Court of the
Confederate States from these military judicial
tribunals. Consequently the judicial department
Of the government both State and Confederate, is
set aside, and the liberty OF the citizen depends
solely on the action Of the War Department and its
subordinate officers. Can this be so? Surely not.
Our conclusion is that the Court has jurisdiction
to discharge citizen by.t the writ of ha6sas corpus,
whenever it is made to appear that be is u'aagfuIy
restrained of his liberty by an officer Of the Con.
federate States and that when case is made out
the Court is bound to exercise thejurisdction which
has beersSonfded to it as a sacred trust" and
has no discretion and no right to be Influenced by
considerations growing out Of the condition f our
country, but must act with Single eye to the due
administration Of the Law, according to the proper
construction Of the acts Of Congress.
r. N. PEARSON.