The New York herald., 1868-03-21
NEW YORK HERALD SATURDAY, MARCH 2 ses-TRIPLE SHEET

have now inaugurated new programme in
which the arts OF fraud and corruption
have become a leading feature. With the
Executive in fair way OF being crushed
beneath the hand OF power arrayed against II by
OF the coordinate branches OF the government the
Judiciary which is the last resort against the inva-
lidity OF laws unconstitutional and opposed to the
liberties OF the people has, under the guise Of revenue
been rendered powerless to take within its sphere
OF action the adjudication Of cases in which, by the
constitution the Supreme Court OF the United States
has appellate jurisdiction. The additional section
added by Mr.. Wilson, Of Iowa, to a revenue bill
introduced by Mr.. Schenck, of Ohio, not satisfied
with being prospective in its attack upon the powers
OF the Supreme Court but has been also made re-
active. 1t declares that SO much OF the act, ap-
proved February 1861 entitled an act to amend an
act to establish the judicial courts OF the United
States, approved September D. 1889, as authorizes
an an appeal from the Judgment Of the Circuit Court to
else OF any such jurisdiction by said Supreme Court
on appeals which have been or may here
peaIed" Coming from so respectable a source
as the chairman OF the Judiciary Committee the Sec
ton was smuggled through without elicitng any
marked attention from either side Of the House. The
democrats are the most exercised at the adoption Of
the measure from thefact OF claiming to be arrayed
tionabe legislation Of the radicals and Which conse-
quently demands vigant lookout for every attempt
to enact measures at variance with the constitution
But this time they were caught in most stupid
manner, and they admit 1t. Mr.. Boyer, of Pennsyl-
done after It all and called the attention OF
his side OF the House to the fact Schenck then ad
mitted that he had misrepreseied the case,
and made other characteristic observations in
dicatve OF his shallowness and lack OF dis.
cretion This part Of the proceedings the radi-
calls do not like, and Schenck has become the
victim OF sound scOdng for characterzing the late
dodge as he did deliberate and premedtated swim
die The exposure made by the democrats has set
they also give vent to diversity OF opinions, but
long habit of coming up to the mark under the lash
Of Old Thad frequently manifests itself under the
dictatiOn OF would be radical leaders.
The principal actors in this gross violation OF in
dependence OF the judiciary arm OF the government
have been threatening for several days to make an
explanation and vindicate the measure from the as
persion and condemnation which 1t has elected from
every reasoning mind In the country. But 1t would
have no intention OF saying any more about the mat
ter but to keep II as quiet as possible The demo-
Gratis accept the situation with the observation that
"there Is no use in fighting the measure now, as Is
q thing accomplished and beyond control"
1t is evident to every one that the whole object OF
Mr. Wilson'S section is to anticipate any adverse de-
cisons affecting the cOnstutionality OF the Recon-
struction laws Of Congress. AS It appears the radi
Gals, cognizant Of the garing inconsistency OF the
the question to the test of judicial adjudication so
they sweep the docket clean Of all cases not only now
before the court but likely to arise in the future
prominent justice OF the Supreme bench,
when asked, several days SINCE in relation to the
McCardle case, in which the argument has been
finished, replied, ~ don't know that the court will
have any decision to make, as Congress has taken
the matter out OF the hands of the court"
The radical game Of usurping all the departments
of government to be the result of conviction
Of hard fight In the approaching Presidential cleo
tion. The radicals have at least made one giant
sion Of the only power qualified to controvert
their legislation Is to be deemed sufficient to ac
compsh that end. The judiciary OF the government
may henceforth be looked upon az powerless nsti-
tuition Of the old constitution. With impeachment
successfully carried through will come the final tri-
umph OF the radicals In their organization for the
political campaign. Then it remains to be seen whe-
ther the people will support all that has thus been
done to deprive them of their liberties and to sub
vert the government which had been reared by the
wisdom patience and patriotism of the fathers OF the
republic.