The Portland daily press., 1868-01-27

Monday Morning, January 27, 1868.
PORTLAND.

L
Tae Appellate Jurfsdicsien OF the su-
/ g preme Court.
| On Thursday, the reconstruction commit
tee agIeed upon the following bill, possibly as
substitute for the one which has already
passed the House, making the concurrence
of two-thirds of the justices of the Supreme
Court necessary to invalidate law of Con-
| gress on the ground of its unconstituton-
| atty:
: The appellate jurisdiction of the Supreme
Court OF the United States shall not extend to
/ any act done, or which shall be done, or to any
proceeding had or which shall be had under
| and by virtue Of the act entitled ''An act to
provide TOR the more efficient government of
the rebel States" passed March 81, 1867 or
OF the several acts supplementary thereto; and
all such cases now pending in said court eth
er by appeal or otherwise from any decision or
proceeding had in the premises in any district
or circuit court of the United States shall be
dismissed by said Supreme Court, and no rec
ord of any proceeding had or which NAV he
had before either of the district commanders
under either OF said acts, shall be removed to
or reviewed by any other tribunal either upon
hdoeds corpus, quo a0arTdntO. or in any other
manner whatever.
The members of the committee who gave
their assent to this bill were Stevens OF Penn
sylvania, Boutwell, of Massachusetts Bipg-
ham OF Ohio, Farusworth of Illinois, Bea-
man of Michigan and Paine of Wisconsin,
six il all. The members who withheld their
assent were Hulburd Of New York, Repub-
lican, and Brooks of New York and Beck of
Kentucky, Democrats. In case of its pas
sage by both Houses of Congress over the in
eyitable veto, it would reach the celebrated
MeCardle case and others now pending be-
fore the Supreme Court, in as satisfactory
manner as the bill already put upon its
passage. lLIld7Em III -ise G. Ci.lrul ui ,Uaer.
This new Supreme Court bin contains three
propositions: First, the appellate jurisdiction
OF the Court, hitherto extended to the recon-
struction acts by virtue of the la,es Of the
United States, is not to be exercised in cases
hereafter arising. But in cases where State
is a party under those same laws, the Supreme
Court still has original jurisdiction by an ex-
press provision of the Cons. tuition. The ne
tition ofthe State Of Mississippi for an injunc-
ton restraining the President and Secretary
OF War from executing the laws Of Congress,
commonly known as 'lhe1 Sharkey injunction
case, constituted one of those cases of which
the Court cantake original cognizance, with
out the possibility of control by the lecisla-
tive department. The new act, then, is oniy
intended to reach cases coming before
the Supreme Court on appeal or other
wise from the District, Circuit or other infe-
rlor courts. The second provision Of the act is
the one intended to prevent a political adiu-
Idication of the McCardle and other cases now
pending. These are all to be dimissed. The
third clause OF the bill declares that the rec
ord OF the proceedings of the district com.
manders shall not be subject to the revision
OF any tribunal whatever. 8i4,ro-,t Elm ..H.ir,i
This bill makes no pretence2 Of being
framed upon considerations of general pol
icy, but frankly ayows itself as intended to
meet particular exigency which has already
arisen. In this respect it differs from the one
previously framed. No fault can be found
with this aspect of the case. By its action
IN advancing the McCardle case upon the
docket, the Supreme Court has deliberately
and most lunwisely thrown itself into the
arena rf:r Of politics. It has assumed functions
which are clearly outside Of the sphere OF
the Judiciary provided for s'by the constitu-
tion of our fathers" The ernine is not vet
purified from the contamination of the Dred
Scott decision, and it is again ready to bring
reproach upon itself and the country by
new alliance with the enemies of democracy.
FTLis being the case, it is unnecessary and
useless to meet the Court with any subter-
fuge or orindirec:ion.E Congress need not fear
TO proceed by any legitimate means with the
avowed intention of insuring the execution
OF the reconstruction acts at all hazards.
since those acts are among the most righte-
Gus ever enacted by legislative body, SO lar
as that character can be impressed upon
them by rectitude of intention, and the lust
and .benefcent purposes which they are de-
signed 10 accomplish. -1i
Another very important difference between
this bill and its predecessor is found in the i'm
possibility Of raising the question OF its con-
stitutionality. That matter is set at rest by
the second section of the third article of the
constitution. The third clause of that section
lconfers upon the Supreme Court original ju-
rsdiction in cases affecting the agents of for
eign countries and those in which States are
parties. 1t then declares that, "In all other
cases before mentioned, the Supreme Court
shall have appellate Jurisdiction, both as to
law and fact, acith sach exceptions and under
such regulations, as Congress shall make"