Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1868-04-11

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sy lsNs ssfa suTr,au.sl ly ihe sTe1i.e'
Of tynu.,sL iIEssIausihls uliEsrfiy
iite ihal II ils Grsul couuei II Ngaies
lie McCsrlls case Uss carried before il
The Supreme Court GA a writ 81 lsbsa
corpus fT5a ihs stat Of Mississippi, unis
abe provisions Of an sst % 2iih sept, rs.
re-suarlsl 5ih rgb'y iNi5, Il says; ~Frou
ihs sual ls,lsieu " any judge justice o
court, Inferior % he Cheat roar,, sn az
laal may 10 iaken 90 ihs C.Te.il count O.
lhe unlt,l States, Tor ihe iisir,r, Ia uAlel
sail cause is heard, -nl FROM the jUlsurn
~ said C,ocu,l IouTI 90 the Supreme CouT
I # he uhilel States, on such isTms ant
url,r -Heh regulations snl orders, ss vel
. ng la- appearance sui custody ~ the PER
ran alislgol 60 DO gesia'uei ~ his OF ben
liberty, as for ssnllug mp to the appellate
tribunal a Transcripts Of the petition, writ
ng hahess corpus, return ere,o sud other
proceedings, as msy be prescribed ny lh'
supreme Court, or In default Of such, as Tho
Judge hearing said cause may prescribe, sc
4 decision In favor of Mecarlle would b.
= decision declaring unconstitutional the
Reconstruction orlersi a judicial nulllh'
cation Of the mandates OF the Grand Coun,
eli, would be a monument TO the infamy Of
the Radical rariyi 1t would 10 the sword
that would eleave tho letters Of eight mil.
lions OF rrecmon born. secured by the Got
dian knot Of Reconstruction measures, To
guard agalns; aud avert from their party
the awful yet just doom Of judicial oppro'
brium, Mr.. ScbCncE, introduces a Revenue
Bill, 20 the following effect; "That fnal
judgment In any circuit court Of the United
States in any civil action against collec-
tor or other officer of tho the revenue, for
any act done by him in the performance OF
his official duty, or for the recovery Of any
any money exaetod by or paid To him, which
shall have boon paid into the Treasury Of
the United States, may, at the instance Of
either party be re-cxaminel, reversed oraf-
frmed in the Supreme Court of the United
States, upon writ OF error, without regard
tc the sum or value in controversy in such
action This measure threw the Demo.
cratic members completely off their guard,
it lullcd them into fatal security, Mr.. Will
son perccivng the comntosc state Of the
House, by way of amendment, introduced
the following: "That so much of the act,
approved February 9th 1867, entitled ian
act to amend an act TO establish the judi
cinl courts Of the United States, approved
Sept. Oath 1852 as authorizing an appea
from the Judgment of Circuit Courts to the
Supreme Court of tho United States, or the
exercise of any such jurisdiction by said
Supreme Court ON appeals which have been
or may hereafter be taken, be and the samo
is hereby repealed" The House and Sem
ate, without even investigating or examin-
ing what would be the effect Of the amend
ment unsuspectingiy pass it. Little did
the Democratic members think they were
voting for the abolition Of civil law, the
subversion of Republican Government, the
establishment of military rule; that they
consented that the greatest protection of
personal liberty should be destroyed
Could any one conscientiously consider the
caucus at present assembled in Washing
ton, tho Congress of the American nation
we would then blush that their representa-
tives should have been recreant to duty, so
frontless of impudence, and denounced as
ignobl, and pusillanimous the artifice by
which the act was secured passage. But
the Radical party has so materially chang.
cd the Government constituting itself the
sole power in the nation, destroyed the ex-
ecutive, and rendered powerless the Judicial
ny arms OF the constitution, dcni d the
right of representation to nearly half the
nation and have so wantonly perjured
themse Ives, that little loathsomely filthy
trick of parliamentary engineering on their
part, should not provoke Indignation but
rather excite the smile of contemptuous
pity. Yet this no excuse for the negligence
of the Democratic members; they were
present, heard the reading Of the amend
ment, should have entered their protest
against so horrible and base murder of
constitutional rights, and proclaimed the
alarm Of danger,-yet, SO derelict were
they Of their duty, that not until twenty
four hours after the passage of the Bill,
for which they themselves voted, did they
know what was its purport.
The McCardle case has been argued, but
judgment remains to be pronounced. The
bill has been sent to the President for ap-
proval, beyond doubt he will veto il, then
should the caucus pass it by two-thirds
majority under the necessity of party
measure, after the decision of the Supreme
Court has been rendered, owing to the re-
tro-active effect of the bill, there will be
further confusion and trouble, which never
will be dispelled until the american People
deliver their opinion in a manner which de-
stoys while it preserves, rends asunder
while it c,ments, which annihilates yet
makes eternal.
Should the Bill pass before decision has
been rendered, according to former decis-
ion of the Supreme Court, which in sub
stance, was, the passage Of an act, repeal