The Republican journal., 1869-12-30
THE JUDICIAL POWER.

1.-The judicial power shall extend to all cases in
law ana equity arising under this Constitution
the laws of the United States and treaties made
or which shall be made, under their authority,
lConstitution Of the United States.
These are the words Of the Constitution OF
the United States, and they may be found il
the second section of the third article,
! AS the Constitution is the government O.
the United States, and all authority on the
part of Congress exercised outside of it is
usurpation, it is we'll occasionally to refer to
it, even though it be dead letter and disre-
garded. The people pay very little regard
to the Constitution few read it, and fewer
still understand its provisions. Members of
Congress who read it, and who take a solemn
oath to support it, very deliberately violate
its provisions and pass laws outside of its
authority,
The Supreme Court has admitted the APP
peal of Yergcr. who was tried and convicted
by a military court; he claims the right of a
trial by jury. Congress desires to deprive
any citizen of the right to make such an APP
peal, and it is proposed that the Judiciary
shall not decide upon the constitutionality OF
auy law which it may designate as ''polti-
CAL. The following is a section of a law
now before Congress-
| Be it enacted, &C., That under the Constitution
the judicial power of the United States does moi
embrace political power or give to the judicial tr
bunal any authority to question the decision of the
political departments OF the government on pOliti.
cal questions; and it is hereby declared that al
courts of the United States in the administration
of justice shall be bound by the decision of the 20
| litcal departments of the government on politica
questions.
All the reconstruction laws are caleds'p
litical;' all the laws placing s,O00,O0O OF
the people of this Union, under military des-
potism, are called "political; y all the laws
outside Of the Constitution are called .spoliti
cal'-and they are all oppressive and at wal
with the rights Of the States and the liberties
of the people. They are all called 'political.' y
Congress is now at work to provide unconsti-
tutional laws to sustain its past unconstitu-
tional acts-to deprive citizens who are un-
justly dealt with by military courts and by
military DEGREES, of the right to appeal to the
highest court in the land for hearing before
a jury. The Constitution declares:
ON all criminal prosecutions the accused shall,
ENJOY the right to speedy and public trial by an
impartial jury of the State and district wherein
the crime shall have been committed"
Again:
Gin suits at common law where the value in
controversy shall exceed twenty dollars the right
of trial by jury shall be preserved"
1t is the intention of the law now before
Congress to cut off this RIGHT in cases that NAV
arise under the Reconstruction act, and the
despotic orders of the military courts and
commanders.
But the Constitution provides that ''the Ju-
dicial power shall extend to the laws of the
United States whatever they may be. This
is part of the government of the United
States, established to protect the lives and
liberties of the people. 1t is this that has
been set at defiance by Congress; this that
Congress is now attempting to crush out
utterly.
Despotism is aggressive. For more than
four years we have seen it, step by step, en-
croaching upon the Constitution of the United
States, with more deadly effect than was
ever produced by the four years war on the
part of the South-a war that utterly failed in
its purpose. But the war waged upon the
Constitution by Congress has divided the
Union, and has shattered the government
The people have still the remedy in their own
hands; but they slumber over monstrous ag
gressions and the work of destruction goes
on. Unless soon aroused to the true state of
the danger, they may speak, but it will be
'too late" Hartford Times.