Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-02-19
ANOTHER STROKE AT THE JUDE
GARY

CIARY. az
The Supreme Court through Chief
Justice Chase, on Monday overruled
motion to dismiss the personal liberty case
Of MeCardle for want of jurisdiction
and, in the opinion, disposed of the point
made by counsel that that tribunal had
no appellate Jurisdiction on an original
case Of habeas corpus brought before it
under writ Of error The court, unless
estopped BY some proceeding in Congress,
will proceed to hear the cause on its mer-
its on the first Monday in March. ~ zss
q On the same day, however, most extra
ordinary bill restrictive of the jurisdiction
ofthat court was introduced into the Sem
ate by Mr.. Trumbull, Of 1llinois-a gen.
tlemaR of higher repute as lawyer
than any man Of his party in Congress,
and one Of the counsel for the government
in the MeCardle case Chief Justice
Chase's decision was directly adverse to
the argument heretofore delivered 10y
Mr.. Trumbull, and from the tenor and
evident object OF his bin it would
appear. that having failed to convince
the court of ne correctness of bis
position, he Is seeking to coerce it, OF
rather restrain it fr'm cognizance of the
case. This step by The leading legal ad
wiser of the War Department is an indi'
rect but most nninted, admission Of the
weakness OF its position. and OF the leai
Il feels 10 trust the c9nstiiutionality o
tbr reconstruction law to judicial test
Il is, however, a strange and an anamo'
lous, not to say alarming movement A
citizen seeks relief from alleged injury
and injustice in the courts The courts
in the discharge Of their duty, proceed t.
apply the constitution and law to TIA,
facts, ami declare his rights, when, be-
fore the conclusion Of the matter, the law
making power interyenes and arrests the
judicial function. This is the case anC
il this be permissible where is the securi
ty for personal rights of liberty or prop
erty Are they not given over to thu
caprice of a political party, or of a caba
ruling a party in temporary possession
of Congress Is this not vital blow a
the Judiciary ? If this proceeding is t.
become rule and precedent, shoald no
the temples Of justice be closed Ar,
they not converted into mockeries Of tn,
meanest kind2
Mr.. Trumhulls bill virtually asserts
that there il no civil law in force in tht
so-called unreconstructed States. Can
more monstrous proposition be conceived
And yet that is the basis on which thi
measure rests There is law and appea
to the laws of the United States in terri
tories unqualified by paucity Of popula
ton for representation in Congress-il
Alaska even, over whose soil the flag O
the United States has not east its shadoy
for half a year yet, but in thickly pOpu
lated States-fum Of whom are of tn
original thirteen who formed the Fedora
compact ont of which springs all on
law, it is declared there shall be non
recognized, and that the courts of justic
shall be shut. While undergoing tn
singular process OF reconstruction, so
ciety is to be resolved into its elements
and its form only preserved by thu
sword II it is in the power of Congress
at its pleasure, to pronounce any caus
political in character, and direct tn
courts Of the country to refuse to hea
It, then the legislative has extinguishet
the judicial department, and our govern
ment has taken long and fearful strid
in simplifcation-that process which
when complete, is despotism, the simples
Of all forms of government