Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-12-21
TEE CRUSADE AGAINST TIE H 81
PREWE COURT.

DespOtisms are pTOverbially timid, it
is said, and the trembling before phan-
toms which is the effect of that timidity
is strikingly visible in the Drake and
Trumbull attempt TO legislate Congress
into absolute power. These bills amount
simply to an open, barefaced attempt to
break down the limits which the constitu-
ton sets to the legislative branch of the
government The purpose Of the Radi-
Gals in their crusade against the Supreme
Court Of the Uuitcd States. IS to make
Congress a supreme body, the govern
ment, instead of i coordinate depart
ment The history of governments
teaches US that the cruclcst and
most corrupt Of despotisms is an
absolute Legislative body. The fright
full excuses Of the French ConYention
taught the founders Of the American re-
pubic the incstimable value of our con
stitutional form of government, but the
Radicals have been warning upon this
heritage of our fathers, and with such
success that they have been emboldened
to strike at the very vitals of constitu-
tional government If they can make
Congress the supreme power, the con-
spirators feel sure of being able to retain
control Of the government. Mr. brakes
bill is a bold attempt to break down the
government to preserve which it was said
the war was fought, and erect upon its
ruins a Congressional despotism. Mr.
TumbuIrs bill is scarcely less objection
able, for it is leyeled at all the
old principles of English liberty that are
asserted in our constitution and make it
the modern charter of political liberty, for
il virtually abrogates the writ of habeas
corpus, that those Radicals who cIamor
for blood may have the pleasure-for it
would be a pleasure TO them-of hanging
Yerger, in Mississippi, and few others
condemned by military commissions in
Texas. For the sake Of sealing the fate
pronounced by such tribunals against a
half-crazy man in The former State and
a few alleged criminals in the latter, Con
gress is asked, nay, importuned to spring
a mine under the entire edifce of limited
constitutional government And this is
done because it is feared to trust the cases
Of these men 70 the civil courts of those
States which are in process Of recon
strucion under Radical auspices. Of mar
tial law, under which it is proposed to
hang these men, Blackstone says:
"Martial law, which is built upon no
settled principles, but is entirely arbitrary
in its decisions, is, as Sir Mathew Hale
observes, in truth and reality, no law.
The necessity of order and discipline in
an army is the only thing that can give it
couutcnancc; and therefore it ought not
TO be permitted in time of peace when the
Kings courts are open for all persons 10 |
receive Justice according TO the laws Of
ne A1iilt. uGlNlblt AotilAS ELdll, OF
Lancaster, being condemned at the Ponte-
tract in the fifteenth year Of Edward IL,
by martial law, his attained was reversed
in the first year Of Edward Ill, because
it was done in time Of peace. And it is
laid down that if a lieutenant, or other,
that hath commission Of martial authority
doth in time Of peace hang, or other
wise execute any man by color of martial
law, this is MURDER for it is against
Magma CAorta."
This has been the law of England for
nearly seven hundred years, and was the
law Of the United States from the founda-
lion Of the government until Radical rule |
abrogated this wise and Just !
imitation OF the power of the military.
Al a time like this, when the attempt is
being made to break down the barrier |
erected by The constitution TO the usurpa-
lions Of the legislative department of the |
government, ii is well to refer TO the |
fathers that We may see how far we are |
departing from the old landmarks OF |
he institution and powers Of the Supreme |
Court. Alexander Hamilton wrote in the |
saycnty-cighth number Of the FFdcro2jSt:'
''The complete independence of the
courts of justice is peculiarly essential in
q limited constitution. BY limited con-
| understand one which contains |
certain specified exceptions to the legisla-
i've authority; such for instance, as that
It shall pass no bills of attainder, no &c |
post .fucto laws, and the like, Limita-
ions of this kind can be preserved in
practice no other way than through the |
medium of the courts of justice; whose |
luty it must be to declare all acts con |
rary 10 the manifest tenor of the cOnsti- |
luton void. Without this, al the reseT- /