National Republican., 1877-01-24
Subscription Rates.
The Mixed Tribunal Grossly Uncon
stitulionaI.

The object sought to be obtained by the
creation of the mixed tribunal is conicssedly
q construction of the Constitution as to the
power OF Congress to go behind the Official re-
turns of State elections, to inquire whether
the electors claimed to be chosen were in fact
elected In the several States. This Is the
main question to be submitted to IL, and the
result of the Presidential contest depends upon
the determination to be made.
Now this is the exercise Of judicial power of
the highest order, touching the gravest ques-
tions Of law and Of fact which can be pre-
sented for decision under our system of Gov
ernment; and 1t is clear usurpation of the
judicial power Of the United States. The Con-
stitution declares that this power "shall be
vested in one Supreme Court, and such
inferior Courts as the Congress may from time
to time ordain and establish" and that
IL shall extend to all cases In law and equity
arising under this Constitution" &c. This is
the express inyestiture of the judicial power,
and the clearest definition of It's extent. But
that there should be no room for doubt for
misapprehension on the subject, no occasion
for misdirection by Congress In respect of It,
among the enumerated powers Of Congress,
found in a clause by itself, is this provision:
"To constitute tribunals inferior to the Su-
preme Court" And, in addition to all this,
as If to conclude the whole question of Fed
eral tribunals, other than the inferior ones
which should become necessary to the proper
administration Of the laws, the Constitution
itself creates all those tribunals which in the
minds of the trainers could by any possibility
become essential to the execution of the full
requirements of the Government. It provides
o ocourt of impeachment, and invests each
House of Congress with exclusive power to
determine for itself all questions of the right
of membership. These provisions were sug-
gested by the same wise forethought which
would have ordained the high tribunal now
songht TO be created, If 1t had been intended
any such Jurisdiction should ever be exercised
by the Federal power. And that 1t was not
provided is irresistible proof that its exercise
is excluded.
But that the Jurisdiction conferred upon this
tribunal is final, and its decision, therefore,
supreme, is rendered certain by the failure to
provide an appeal Tor 1t Is an established doc
trine in the courts that the right of appeal Is
purely statutory, and that where the law Is
silent on the subject none exists. Hence the
proviso Of the fifth section Of the act, that II
shall not be held to impair or affect any exist.
ing right, &C., is wholly ruyatory-a subtle
subterfuge devised to delude the people In
respect Of the real object and character of the
act. 1t Is perfectly well known to those who
drafted the bill, and to those who signed the
report, that the Supreme Court must decline
to assume Jurisdiction in the matter of the
right of any person to hold the Office of Presi
dent of the United States, on the ground tina,
the question Of that right is not judicial
question within the Jurisdiction of the Federal
power, but wholly a political one, properly
determined by the political department of the
Government. So the saving clause amounts
only to pretense set up for the sole purpose
Of giving color of constitutionality to a meas
ure which otherwise would have nothing Ia
redeem it from the infamy of apparent usur.
yation.