Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1864-05-20
rnr: slIo2rSatE. CnERT.

We hope that Congress. at Its present ses-
zion, will provide for the organization Of the
Supreme Court. That department Of the
government is distinctly established by the
Constitution, isec See. /, Art. 3, Of the Con-
ssitutiaa. ,sha the discretion of Congress in
regard to it il limited 20 the mere enactment
oe o law for putting it in operation. Thus
far Congress- has not chosen to exercise that
discretion. This is to be regretted. The
President has repeatedly recommended the
organization Of the court, and it's want is
greatly felt by the corntry. A bill for tho
pur pose passed the Senate at the third ses-
sion of the frs. Congress-, but it was not acted
upon by the House. A bill, however, is now
before the House. a1i We trrst that the pre-
sent session viii not adjourn without its pas
sage by both Houses.
Our govcrumcn: is divided into three dis
tioct dcpartmeGts-tb Legislative, executive
aad judicial. One of these departments is
yet wanting-at least it is defective. The
government will not be complete until the
judiciary department is fully organized. This
department. under the Constitution, is to con-
sist of Supreme Court" and suoh inferior
courts as Congress "nay, from time time
order and establish" Inferior courts have
been organized, but the Supreme court is not
vol ii existence. We think the present IA
vorablc rene for perfecting the judiciary sys>
sem. While there arc many questions of
more OF less interest engaging the attention
Of Congress, VIC perceive none of such over
shaaowing importance rs to interfere with
rnat careful deliboration which the Supreme
Court bill is naturally entitled to as the hands
of our Confederate legislators.
The cxigencies OF the present war have
demanded strong measures. We have been
compelled to adopt rigorous military
system; and, to do this, Congress has
found it necessary to exercise powers
which, though granted by the Constitution,
were clearly intended only for the e1tfemest
necessities OF. war. These strore measured
have been pasrioticaLy acquiesced in by our
people. But many good nen have exhibited
some restiveness in regard to great principles
of constitutional right and personal Liberty,
which should pever pe departed from either
! in peace or war. II is to be regretted that We
huye not had O supreme tribunal, whose de.
tcision could be evoked upon those great fuu-
da1nental principles, and whose nlthentatise
sxuos:tions would form definite presidents for
the guidance Of any nation which may here
after beoorne involved in stch gigantic war
as that through which we arc now passing
The war powers Of the Confederate Constr
tuition are the same as those of the constitu-
tion of the United States. They have never
been practically tested until now. The Leg
islative and Executive Departments have un-
hesitatingly welded those extreme war powers
of the Constitution which the times demand.
Bat 1e cannot help thinking that 1t would
have been better if we had had that otea'r de
psrtnent which, though a part and parcel Of
the government, is designed, nevertheless, to
be soTercign and Independent arbiter be-
tween the 90 fernment and the people.
Tho maxim, slater anna silent lsgss," may lie
true with governments which arc despoic
both il theory and practice; but 1t Is MOI
strictly applicable to q government which il
the cres.turc and agent Of the popular WILL
The people of the. Confederate States have
cheerlully borne the burdens Of this war; anc
will continue to 60 so until it is brought to
successful issue. The Supreme Court Is !
| department pointedly recognized by the Con-
stitutitn. 1t is the ultima ratio Te9um
which the people naturally look for the v'ndl
cation of their rights. They are entitled :"
| it, and it should ba organised: