American citizen. [volume] (Canton, Miss.) 1851-1863, 1863-05-15

ul LEGISLATION Nv OfH uI INf iI3N.-I c'lIir
p Pre- .iient can commit asfiHs gov
eminent
Il IL not necessary 10 determine a. oh.
time whether ihe promuIgu.0n Of gen
eraI order OF The President. 10 Tie form
( Of proclamation Or otheraise. purport.
ing to command or etohibt what il &
clusively subject 10 regulation by the
Legislative authority, or is outside and
beyond al the powers Of the Federal
| Government high treason, an infa.
nous felony. or bigh misdemeaHor
An act Of war against the people,
waged and carried on in execution OIL
such a proclamation. stands upon very
1 different grounds Butt is not necessa.
Iry to discuss lhls question now, and
proceed.
NECESSITY or tSDEPESDEST JUDICIARY.
Ii is obvious. in this general state.
ment Of the plan Of this government,
that another department Of i. was po-
4 liical necessity. But the Constitution
contained numerous provisions for the
protection of the people and every iud.
vidual citizen against every aggression
! BY this new central government, and
every department and officer thereof un-
der color OF its authority, and this also
inferred the necessity Of another depart
ment.
The right Of the citizen to the enjoy.
ment of personal security, his personal
liberty and private property. including
the invaluable rights Of his domicil the
exclusive occupancy of bis dwelling
house, emphalcally called the castle Of
the citizen, together with the sacred
right Ct The exclusive possession and use
Of all his private papers Of every demon
nation, are all recognized and protected
from all lawless invasion under color Of
the Federal Government The freedom
of speech and Of the press. and rights
Of the people to peaceably assemble TO-.
gethor aud dlcuss and consult upon all
pubic affairs, are all emphalically recog.
nizod and protected against invasion by
even the legislative department Of the
Government. Indeed, every provision
is made for the protection Of The honor
and dignity Of all the people in their
high position Of citizens and Soc2yeyps of
OF free republic. II is moreover de-
claIed that the United States shall guar
antee to every State in the Union re.
publican form Of government
But in order that the people might not
be dependent on any or all Of these guar.
antees, but have physical as well as
moral power 10 defend themselves against
every despolic government aud the law,
less acts of every officer thereof it was
emphalically declared that "the right of
the people to keep and bear arms, shall
not be infinged"
Bat OF what value would have been all
these declarations Of rights and guaran
lees, or Of any Limitation Of the power
of any department; or. indeed, upon all
the powers OF the entire government, in
The total absence of tribunal with juris-
dicIon TO decide upon alleged ransgres-
SONS. And what would be the value of
such a tribunal unless the occupants
were constituted independent of the leo.
laa'lYe, and Of the lncnmben,s Of the
executive departments, who commit the
asgressons
JUDICIAL DEPARTMENTS.
Therefore The cardinate and ia5cpcaa.
mt Judiciary department of The govern.
ment was established.
1t was necessarily constituted Of JuAa
eS, hoIdlag their Offices during their good
behavior, and secured in The adequate
compensation Of their services, not liable
TO be diminished by Congress, nor to
be withheld by the President or his sub.
ordma,es, during Tie continuance Of the
Judge in office.
But We will give the words of the
Constitution establishing this department
OF The Government.
ART. l.. Sscl The Judicial pow.
er of the uulIed States shall be vested in
one Supreme Court, and in such inferior
courts as the Congress may from time to
time ordain and establish. The Judges
OF both the Supreme and Inferior Courts
shall hold their offices during good bpha.
vior; and shall, at stated times, receive
for their services a compensation which
shall not be diminished during their CON
tinuance il office"
III ;nai.;;.l ~. u