New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-01-30

laws OF Congress over the Rebel States unt legal civil
State governments can be established there Ahd here
again you viii remark that Congress Is ~
70 protect It's measures from being NUM- Gnu W m ,h
their faithful execution. The frequent changes III .s
command OF districts, made for poitea cue, nd
generally for no other than that the
requires the power OF assignment and removal TO De
lodged in other hands The question is can tins dc 4oe
sire to confess the unaffected dldence with when YEN
ture 10 discuss any matter relating 70 the Cons %
That venerable instrument 10 have paseu INTO VIC
exclusive keeping and ownership or the people VINO Sot
up the Rebellion and OF those who objected 10 lts pehg
put down. constitutional objection coming from D0dy
OF men who maintained that the right OF secession was
constitutional ana that 1t was unconstitutional 70 PIE PIE
or authority This new bill, it is SAID inyades the
constitutional powers OF the President COMMANDMENT
Chief. The powers OF the President Commander
inCief have never been defined The Governor OF New
York commander chief OF the army and navy Of
New-York hut New-York has army or navy, and
hence the Governor enjoys military snecure without
limb BY the Constitution Of tie United States Congress
is expressly vested with all power over the land and ma
val forces 1t raises and supports armies provides
and maintains a navy 1t makes rules Tor the govern.
1t provides Tor ealing forth the militia 10 eA-
ecute the laws or the Union, suppress insurrec'
iBgi s ST1 and discPInns Tie militia and for
governing such parts Of them my be employed in th
service OF the United States; it nakes the rules and
articles Of war; ana inc reputation Tor governing INC
in peace and war; and generally 1t has authority IN
& S er o ,ested nv mis- Constif1ton In The Govern
thereof1 From the beginning Of the Government down
10 this present time Congress has uniformly exercised
without objection from any President, Or party or judi
il authorized TO define the rank powers and duties of
every man from The private soldier TO IN, Inc
Generalln-Chief. On the Sd Of July, lIssi
"Lieuteuani General md Communicating OF al the
Armies raised he raised in the United States ana
commission emanating from Congress and President
the OF the trainers Of the o hon
President within very narrow bounds In 1857 S1asress
change m the inhct9hs OF headlnatefs Oh ,ne ueeIa
m-Chief and forbid the President from transmitting
through the Generain Chief thereby constituting the
Generllin-Chcf the sole judge OF tho iawrni
To him BY iis same statute IL is made highly penal
oense for m officer 20 execute an order traislntedon
served that the proposed creates new Office and
makes change in the tenure OF any military e9mia
Rebel States into five military distcts surely they may
consolidate those five into one. If II Is conpeteh ior
" the GeneralinChief as well as other officers OF ,no
army there legal reason why Congress may moi
hs other duties the supervision OF the territory e9iacen
rhn pc1f SENSATION OF The day is the proposed law
relatiD the exercise OF the appellate Jurisdiction of
the Supreme Court The peculiar construction OF Tue
Constitution already mentioned seems TO be seriously
alarmed M thus measure II il something altogether
new and utterly without Constitutional sanction can
did consideration N these objections, viewed IN cOnnec
ton with tie singular blindness Of these constitutional
critics when their OBLIGATIONS and allegiance TO the
Union concerned, might JUSTIFY tue suspicion hat te
Constitution had passed into their hands as aNeneraOe
relic Of the past 20 be read aud studied % era .s
language and meaning We have already seen lhat ton
| cress T. expressly vested with power To make
all laws which shall be necessary and proper
| Tor carrying into execution al powers vested
! In any department OF the Government OF the
United States article Of the Constitution 1t IL pro
vided that the supreme Court sla nave hppelus Jn
risdetion both law and fact, with such exceptions
nv the same article section the Judicial power Of the
United states vested in supreme Court aud III such
inferior Congress piay from time 10 tmr, or
aain anu % Courts is a poSer 10 prescribe the
IA of AL in lleTu. "A
from inferior 10 higher Court Is power 70 prescribe
how that appeal shall be heard and how the Judgnlent
Given shall 10 enforced The power OF regulating aud
defining the in which appeals may ne TAKEN from
! other Courts Federal and State. TO the Supreme
| gress from 1859 up to the present u, me'
nal caes from the appellate jurisdiction or the Supreme
Cort by the Of 1O2 such jurisdiction was conferred
The act confined their appellate jurisdiction OF
civil cases 10 suits and proceedings in winch the matter
in controversy should be Of the pec,nary value OF $1,000
prescribed number Of judges OF the Supreme Court
he aud declared quorum OF The court 10 CONSIST
number In 1897 the number Of judges OF the supreme
Court increased by Congress ~ nneand the Quorum
was declared 10 consist OF Ave Judges Dare msor
1t win that when by the original act Of lISs
could he pronounced without the assent OF
three ont OF the four In other words tntei9urtns
subsequent act OF 1851 when five ont Of rne Judges were
authorized 10 hold court three OF tne hve Soia PR
whole Court competent 10 exercise AL IT'S powets
suppose for exampe the number OF Judges OF the su
prenle Court had been limited Congress TO two In
maj case n would have required unanimous vote OF the
whole Court pronounce judgment IS. Therefore. ap
parent the I'm which the power 20 pescrlhe
4 quorum has been exercised AZ well az 10y the man
ucr In which IL might have been exercised cOnsutu
Uonaily. that tho number OF Judges necessary 70
concur in p Judgment has varied or might vary
from q third o the Court 10 three-fourtbs OF tho
court or the whole court. IL may be airmed tfat any
rule OF action which follows the necessary consequence
OF lawful regulation be made positive rule "
action by direct enactment. ft should always be borne
in mind the extraordinary exercise ~ JUDICIAL power
fo ret aside duly passed BY Congress rs permitted
lu-c ton In without duy express grant OF such
authority Constitution 20 long Is his power waa
couf1rd egtmacly within the limits of tine Constltu-
ton and operated upon persons and property ana not
upOn gOVeTnmC harm bur much good rSultrt nom
this salutary cheek upon legislation IN MS nabnlty
20 interfere with title vested rights OK per
sons But when # appeared that tho supreme
Court ike all other courts. was disposed
10 extend jurisdiction To the utmost bounds and re-
view anuul It's pleasure the legislation qua govern
mental policy O Congress and of Presidents as was done
in The Dred Scot case ana In the Mgan case, ana a.
ported apparent authority. IL now conteiDphes
time has for the candid confederation ana caieu
revision and ropcr limitation or the authority OF Juhcia
tribunals the political action ana pubic policy OF the
legislative and executive departments Of the Government
Tsurpatous of Congress be checked II they should
happan by the periodical elections which occur every
two years UsuIpations Of the Executive may be checked
by impeachment. and In like manner by elections every
fur yesrs usurpatiOns OF the Supreme judicial power
life and whose decisions cannot DE lc
viewed or reversed that might par1y the arm OF tue
Government and suspend the exercise or powers essens
Ia s security and vitality, cannot De restrained or pre-
vented unless hy the exercise or tine constitutional power
a. rrI,'e the iuauner ia which the appellate iuisdc-
ti,n ut the Supreme Court shall he exercised
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4HNT GdZETTF.