Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-02-25
A Supreme Court.


Constitution Of the Confederate States, in order
to form . permanent federal government" is, to
;" establish justice" The Constitution itself most
clearly points out what the government shall be,
and what is essential to it. when it defines and sets
metes and bounds 10 the legislative, executive and
judicial powers to be exercised These three powers
in full operation necessary and essential to the
existence of the government ITSELF without either Of
which, it is rot only imperfect but it may be doubt
ed whether it be . republican government It all
At all events, such government as the Constitution
proposes to establish. ..
In the absence, therefore, Of the judicial element
of the government how is "justice" to be estab-
lished how the rights Of the peopleand gov
eminent to be maintained? Are we not at present
living under government for which the Confederate
Constitution has not provided! Are wenot, in fact,
under government of one man, and that man Presi-
dent Davisf Can it be doubted that, under the
practical operation of thegovernnent all legislative,
executive and judicial authority is merged in the
person Of the PRESIDENT
= In form, we admit We have q body proiessedly
exercising the legislative authority, but is not the
Congress, by the subservency Of the majority, .
mere Legislative automaton in the hands Of the Pres
ldenti By the aid of secret sessions vile ex-
cresence Of despotism oisted upon us-and BY other
means, does not that body bow obsequiously to his
will, What better evidence of the snbserviency of
that body can the people want than the surrender
it has made in direct violation of the Constitution
ITSELF in comforting upon the President the author
ity to suspend the writ Of iGbeas corpus at such
places and times as he may judge proper "a power,
if indeed it can be exercised at all by any one legt-
mately, belongs only to the legislative branch of
the government.
Without Supreme Court and the inferior Courts
provided for by the Constitution we ask again. how
is "iustice" to be maintained? The Destructives
reply, "wat until the war is over-let US first
whip Lincoln and then We will talk about it" We
are quite sure they do not want ".justice until
then, nor ever. But the people demand justice and
right in war as well as in peace, and they should
have it.
Under the Provisional government no Supreme
or appellate Court established yet for the con-
venience of the government District Courts were
established, subject to correction of errors ex-
eept by the President The permanent government
has been in operation for year, and yet we have
Supreme Court; nor is it likely that the present
Congress will establish one on such basis as will
ensure the ends of justice. wigf.ll of Texas, and
the Destructives generally desire none. At least
they want no such bench as the intelligence and
purity of John Marshall would afford. Mere dolts,
political automatons or tyrannica Jeffres, would
suit them better. Truth, purity, simple justice and
high intelligence would be spurned oy them.
Our only reliance, if the Destructves can have
their way is in the District Courts appointed under
the Provisional, which have been continued, so far
as the country knows, without the authority of law
or the Constitution under the permanent govern
ment These for the most part under the control
of apotical judiciary, subject to revision
rection, to be the reliance of the country for
| twelve month more What assurance can there be
for justice, the maintenance Of right correct IN
depreciation of the fsws and the liberties of the
pleople ?. May not very serious questions arise
hereafter as to the authority well IS to the de,
cisions Of these Courtsf = .. .ss''
Again. the country is claiming recognition from
foreign governments. it safe to risk an investga
ton into the present character of our government by
foreign powers, without Supreme Courtf With.
the Constitution establishes, can we claim to be
such government entities us to the recognition
! of the world? Let the Congress ponder this