Year: 1862

1t is little remarkable that although the perma-
nent government of the Confederate States has been
in operation some six months we have no Supreme
Court, and no movement in the Congress to estab-
lish one. The Constitution expressly provides
that


The judicial power of the Confederate States shall be
vested in Supreme Court and in such Inferior Courts
as the Congress from time to time ordin and estab-


sh Thejudges both ofhe Supreme and Inferior Courts


snail hold their offices during good behavior and shall al
stated times receive for their services compensation


which shall not be diminished during their continuance


The judicial power shall extend to all cases arising under
this CONSTITUTION the laws of the Confederate States and


ueaues made or which shall be made under their author


y to all cases affecting ambassadors other public minis


tiers and consuls to all of admiralty and maritime
states shall be party to controversies between two


more States between State and citizen of another State
where the State is plaintiff; between citizens claiming


lands under grants of different States and between


state or the citizens thereof and foreign States citizens
subjects but State shall be sued BY citizen subject


In all cases affecting ambassadors other public minister's


and consuls, and those in which State shall be party


tne supreme Court shall have original jurisdiction. In


all the other cases before mentioned the Supreme Court


snail nave appellate Jurisdiction, both to law and fact


with such exceptions and under such regulations the
congress shall make"


Mark the language Of the Constitution-"the
judicial pO'cer Of the Confederate States shall be


Uested an one Supreme Court, and in such inferior
Courts as the Congress may from time 10 time Or
dain and establish" 1t was evidently the intention


of the trainers of the instrument that the Supreme
Court should be first established and that the in


feror Courts should be provided for, from time to


time, thereafter. But have the inferior Courts,
and no Supreme Court The Constitution expressly
provides for three departments of the government;
. but in realty, we have but two, for the inferior


Courts possess no appellate jurisdiction, and their
power is not final either in "cases arising under
the Constitution" or in other respects. We have,


therefore, the executive and legislative departments
but no judicial department as contemplated and
expressly provided for in the Constitution. The
graVest ard most important questions of Constitu
tional exposition and construction affecting the lib


erty and the life of the citizen as we'll as the rights


OF property, are therefore not even raised in Su-
preme tribunal, much less argued and determined


The legislative and executive branches of the gov
1 ernment may violate the Constitution itself, and


take the most dangerous strides towards consolida
tlon-may set at naught the rights of the States


and the personal freedom of the citizen, and there


is no tribunal provided before which such evils may
! be brought for examination and remedy. In this


State for example, the writ of ha6eas corpus is sus-


pended, in at least one locality, and citizens sus-


pected of crime confined so as not to be reached


by this great writ of right This has been done by


the inferior Court; and the decision of that Court
even if these suspected citizens should be able to
/ obtain trial. would be final as to them, for the
plain reason that there is higher Court in exis-
4 tence to whom they could appeal The decision of
an inferior Judge, sitting alone and probably po-


ltca partizan, and appointed because of his political


sentiments, is final in all cases affecting property


and life. And what is more than this there are no
! inferior Courts under the permanent government,
the Judges who are now acting having been ap-
pointed under the provisional government


We earnestly appeal to the Congress to put the
4 whole Constitution in this respect in operation, by
I establishing Supreme Court The people of the


Confederate States are entitled to- and expect to
Z established government of checks and balances
government with three branches one to enact laws,
another to expound them, and another to enforce
them And there is no good reason why this should
not be done at once The government is certainly
permanent. Its existence is fixed fact and it will
continue to exist, we trust for all time. An act of
9 Congress establishing such Court and putting it


in operation, would not only complete the machine
ry of the government but it would give assurance


to our own people and to Europe that the President


and Congress regard the government of the Coufed-


crate States as no longer merely provisional ex-
perimental, but as durable and permanent