The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1869-12-11
The yudtcial fluzzie.

In the Senate on Thursday, Mr.. Trum-
bull reported, frem the COMMITTEES on
the Judiciary, bill introduced by Mr..
Sumner, relating to appellate jurisdic
tion of the Supreme Court. with an
amendment in the nature of substi-
tute. The bill as amended is as follows:
A bill defining the Jurisdiction of
Courts of the United States in certain
cases.
lie il enacted, &C., That under the Con
stitatiou the judicial power of the Uni.
ted States does not embrace political
power, or give to the judicial tribunals
any authority to question the decision
of the political departments of the gov
erument on political questions, and it is
hereby declared that all Courts of the
United States in the administration of
Justice shall be bound by the decision
of the political departments of the gov
crnment on political questions.
SEC. ,. And be it further enacted, That
il rests with Congress to decide what
government is the established one in a
State, and it is hereby in accordance
with former legislation declared that
no civil State Government exists in
Virginia, Mississippi or Texas, and the
so.called civil State government in
either of said States shall not be recOg-
nized as a valid or legal State govern
ment, either by executive or judicial
power or authority of the United States
until Congress shall so provide, or until
/ such State government is represented
in the Congress of the United States;
| ana il is hereby declared that the act of
/ 4 Ia
| for the more efficient government of the
rebel States" passed March ,, 1867, and
the several acts supplementary thereto,
are political in their character, the pro-
priety or validity of which no judicial
! tribunal is competent 20 question, and
the Supreme COurt of the United States
is hereby prohibited from entertaining
Jurisdiction of any case growing out OF
| the execution of said acts in either of
said States until Senators and Repre-
sentatives from such States shall be ad
mitted into the Congress of the United
| States, or Congress shall recognize such
State Government as valid; and mean
while all acts or parts of acts authoriz.
ing an appeal, writ of error, habeas cor
puS or other proceeding to bring before
said Supreme Court for review any case,
civil or criminal, or other proceeding
arising ont of the execution of said act
to provide for more efficient govern
ment of the rebel States, and of acts
supplementary thereto, or which au-
thOrize All appeal in any case from
Judgment of Circuit Court of the
United States in hdbeGs corpus proceed
ing to the Supreme Court,
or which authorizes the Supreme
Court to issue q writ Of habeds
corpus or other writ to bring before it
for review any judgment of the Circuit
or any other Court; er of any Judge
thereof in hGbeas corpus case or pro-
ceeding, be and the same are hereby
suspended, and no law heretofore passed
extending the judicial system of the
United States over any of said rebel
States shall be construed TO recognize
any State government existing therein
until Senators and Representatives
from said State shall be admitted into
the Congress of the United States, OF
Congress shall recognize a State gov
ernment therein as valid; and the Pfesi.
dent is hereby directed to hold said
State by military authority without re-
gard to any civil proceeding or authorl-
ty whatever.