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To: rustbucket
I've done some further reading on the subject, and your posts overlook or ignore a few items. Primarily the fact that the one court required by the confederate constitution, the one branch of government that could have acted as a check on Davis, wasn't established at all. Nor did the district courts meet on a regular basis. And when habeas corpus was suspended by the confederate congress, the process for identifying and jailing the violators was left in the hands of appointed commissioners not subject to judicial review. So your judiciary was a paper tiger, a judiciary in name only with no power to rein in the excesses of the Davis regime.
259 posted on 09/11/2003 8:26:54 AM PDT by Non-Sequitur
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To: Non-Sequitur
I've done some further reading on the subject, and your posts overlook or ignore a few items. Primarily the fact that the one court required by the confederate constitution, the one branch of government that could have acted as a check on Davis, wasn't established at all.

My posts don't overlook the fact that the Confederate Congress did not establish the Confederate Supreme Court, despite Jefferson Davis' charge to them that they do so. Davis' call for a Supreme Court

Nor did the district courts meet on a regular basis.

Here is an example for one particular CSA District Court (one of many found by thatdewd): Records of the Confederate States District Court for the Southern Division of the District of Alabama. Textual Records (in Atlanta): Minute books, 1861-65. Dockets, 1861-65. Case files, 1861-64. Records concerning naturalization, 1861-64. Records concerning garnishment and sequestration cases, 1861-65. Records of the clerk of the court, 1861-64. Final record books, 1861-65.

And when habeas corpus was suspended by the confederate congress, the process for identifying and jailing the violators was left in the hands of appointed commissioners not subject to judicial review.

What judicial review is there when habeas corpus is suspended?

So your judiciary was a paper tiger, a judiciary in name only with no power to rein in the excesses of the Davis regime.

Heck, the US courts couldn't/didn't rein in Lincoln or his military (until after Lincoln was dead). I'd be careful about being smug, if I were you.

Note the following excerpt about the relative power of the US court system and a Confederate District Court judge (from a Picayune article):

Can Civilians be Tried by Military Courts?

This is no longer a question among us; the military courts of the Federal army having exercised the power to do so, without rebuke or effective resistance from the civil tribunals. Not so in the Confederacy. Below we give an article from the Houston, Texas, Telegraph, reviewing the decision of Judge Moise of the C. S. District Court of Louisiana, who has discharged from custody a W. McKee, charged with cotton frauds on Red River, last spring. Judge Moise seems quite independent of the military power.


265 posted on 09/11/2003 9:32:13 AM PDT by rustbucket
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