The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1868-01-17

| We do not, as We have said, propose to
argue this matteras question OF constitu.
| tional power. But we only wish to show.
what would be done by such an innova-
| ton.
The constitution provides that the judicial
po,oer of the United Stetes shall be rested
| in one supreme court and in such inferioF:
courts as the congress may from time to-
time ordain; that IL shall extend to all cases
in law and equity, arising under the consti
tuition, the ka,cs Of the United States, and
treaties under their authority, to all cases
affecting ambassadors, other public min
listers, and consuls; and to various cases and
controversies which are particularized, in
GLIDING all cases in which state is a party.
In all cases where an ambassador, public
minister, or consul is affected, and in all
cases where state is a party, the supreme
court shall have original, and, of course,
final jurisdiction. This is the sphere of ju-
dicial power. 1t is the power Of the United
States within that sphere, superior TO all
other authority. It is rested directly BY the
constitution. The power, for example, OF
hearing and adjudging cause in which
state Is party, no one can pretend, could
be usurped by any other power in the coun-
try without violence. But before the court
can hear a cause in which state is party,
it must be able to determine whether the
party is state. But if they determine such
question in the affirmative, this act is to
render the judges impeachable; for it ex-
presslJ forbids them 20 even recognize, much
more to directly adj Judge, one of the south
ern co-equal members of the Uniou to be a
estate" But the reader would hardly sus-
pect how far this one illustration may go.
There are scores of cases now on the supreme
court calendar alone, and hundreds On those
of circuit and district courts, not only in the
south, but all orer the country, in which an
adjudication is impossible without recegniz-
ing some one of these southern states as
states. A citizen of New York cannot sue
citizen at New Orleans unless they are
living in different states. Moreover no man
can be punished unless the trial is In the
district where the crime was committed,
which must have been previously ascer-
tanned by law" Such law would abolish
the judicial districts, for every one of them
is described as in or of the State of ="
etc. IT there is no state, the district has no
name and lift has no name it is not as
certained. The courts, then. would not
dare to punish mail robbery, counter feiting,
etc, in the south, while in the north all ju-
risdiction of the courts of the United States
would instantly abate wherever the cause
involved the bare recognition of State in
the south. A suitor, for Infringement of a
patent right in the North, where the value
might be millions, could not read the depo
sition of a southern witness, because the
magistrate before whom taken could not be
recognized" as having legal authority,
however recent his jurat, or however regular
the papers, without exposing the Judges TO
{
this biIl
But the Supreme Court and the lower
courts might, notwithstanding this act, rec
ognize, as they have uniformly done, the ex-
lstence of the southern states, and declare
this act void. That would be all they could
do in defence of their constitutional powers.
But the duty would then instantly devolve
upon the President under the existing con-
stitution, to execute their mandates and, if
resisted, to order the army and navy TO sup.
port the judicial power. This bin how
ever, anticipates that, and in section four,
quoted above, expressly declares that such
action would be unlawful" in the President,
who, of course, would be speedily removed
by impeachment.
But why illustrate the extent of a restric-
ton of the constitutional judicial power of
the United States the reliance of our liber-
ties, as Washington said, by its effects on
patent suit or the collection of dry goods
BILL when the fact is almost undisguised
that the object Of this bill is to dram the
s,cord Of Grant at the bar of the supreme
court to dnsicer the motion of Nc Cdrdle fos. a
hearing Of the cause Of the Constitution?
Is IT not notorious that suit has been
docketed in that supreme arbiter of law
which involves the question whether the
statutes of outlawry are laws7 That if that
court should, in the exercise of its supreme
and independent authority over the subject
matter, pronounce those statutes void, the
President would no longer execute them I?
And that there is stdsng probability that the
great case will be argued immediately?
Will this reasonable threat alarm the court?
Or will the attempt 10 dishonor the Judges
only assure an earlier hearing Of the McCar-
die case?
3. Habolishes The erecutiue department Of
the government.
Thebill declares in the FIRST section that the
civil governments in Virginia, and the other
states named, "shall not be recognized as
valid or legal state governments either BY
Executive or judicial power or authority Of
the United States.
We have seen that by the Constitution
"the Judicial power of the United States
shall be vested in a Supreme Court" etc.
But here it is Invested without the decency
of circumlocution. "The Executive power
of the United States shall be vested in a
President" Divested in the same way.
GAN legislative power herein granted shall
be vested in Congress of the United
States, which shall consist Of Senate and
House of Representatives This, too, is
(by such a billl Invested But in the case of
the two other departments, the divesture is
by express prohibition to exercise powers
In the last we have seen it is by abnega-
ton of power. There is, to be sure, differ
ence between the sovereign people and the
sovereign powers delegated by them to their
Government. But of the latter there are
but three kinds of power:
"Resoloed, That National Government ought |
to be established, consisting of supreme legis-
lature, Judiciary, and executive"
Such was the first step ever taken in the |
work of building this national fabric. These !
are the words of the first restitution passed BY |
this Convention of 1887. By this bin all three |
are to be deprived of their powers. What
then becomes of them? They are all cest |
ed in a military chief There is no mistake |
about 1t. Read the bill; without an execu-
tive, responsible to the legislature and the |
people, the legislative powers are dead with |
out an executive to enforce their mandates.
the Judiciary are dead. But in this bill the |
executive power, too, is dead.
The General of the army is authorized TO |
order the performance of all acts author
lied by the So called reconstruction note a,J