A BILL: Defining the jurisdiction of the courts of the United States in certain cases; S. 363, 40thCong. (1868)
Defining the jurisdiction of the courts of the United States in certain cases.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [That under the Constitution, and as repeatedly decided by the Supreme Court, the judicial power of the United States does not embrace political power or give to the judicial tribunals any authority to question the decision of the political departments of the government 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 decisions of the political departments of the government on political questions.
SEC. 2. And be it further enacted, That it rests with Congress to decide what government is the established one in a State, and it is hereby, as heretofore, declared that no civil State government, republican in form, exists in Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Florida, Arkansas, or Texas, and no so-called civil State government in either of said States shall be recognized as a valid or legal State government, either by the 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; and it is hereby declared that the act of Congress entitled" An act to provide for the more efficient government of the rebel States," passed March two, eighteen hundred and sixty, seven, and the several acts supplementary thereto, are political in their character, the propriety or validity of which no judicial tribunal is competent to question, and the Supreme Court of the United States is hereby prohibited from taking jurisdiction of any case growing out of the execution of said acts in either of said States until such State shall be represented in the Congress of the United States, or Congress shall recognize such State government as valid and republican in form; and all such cases now pending in said court shall be dismissed, and all acts or parts of acts authorizing an appeal, writ of error, habeas corpus, or other proceeding to bring before said Supreme Court for review any case, civil or criminal, or other proceeding arising out of the execution of said" Act to provide for the more efficient government of the rebel States," and of the acts supplementary thereto, or which authorize an appeal in any case from the judgment of the circuit court of the United States in a habeas corpus proceeding to the Supreme Court, or which authorized the Supreme Court to issue a writ of habeas corpus or other writ to bring before it for review any judgment of a circuit or any other court in a habeas corpus case or proceeding, be, and the same are hereby repealed.]
That under the Constitution, and as repeatedly decided by the Supreme Court, the judicial power of the United States does not embrace political power or give to the judicial tribunals any authority to question the decision of the political departments of the government 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 decisions of the political departments of the government on political questions.
SEC. 2 And be it further enacted, That it 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 Slate government exists in Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Florida, Arkansas, or Texas, and no so-called civil State government in either of said States shall be recognized as a valid or legal State government, either by the 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; and it is hereby declared that the act of Congress, entitled "An act to provide for the more efficient government of the rebel States," passed March two, eighteen hundred and sixty-seven, and the several acts supplementary thereto, are political in their character, the propriety or validity of which no judicial tribunal is competent to 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 representatives from such States shall be admitted into the Congress of the United States, or Congress shall recognize such State government as valid, and meanwhile all acts or parts of acts authorizing an appeal, writ of error, habeas corpus, or other proceeding to bring before said Supreme Court for review any case, civil or criminal, or other proceeding arising out of the execution of said "Act to provide for the more efficient government of the rebel States," and of the acts supplementary thereto, or which authorize an appeal in any case from the judgment of the circuit court of the United States in a habeas corpus proceeding to the Supreme Court, or which authorized the Supreme Court to issue a writ of habeas corpus or other writ to bring before it for review any judgment of a circuit or any other court, or of any judge thereof, in a habeas corpus case or proceeding, 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, or Congress shall recognize a State government therein as valid.
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