The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-04-10

Tie United States Supreme Court adjourned
on Monday last until December next. a num-
Der Of opinions were announced in important
cases.
The case, which has long oeen pending, OF
Orleans and many citizens thereof, fer certain
property in that city left to her by her father,
was decided by the Supreme Court to-day in
The celebrated cotton case, involving the
right to 935 bales OF cotton libelled as prize OF
war and brought before the Supreme Court on
appeal, was decided. The case IS that Of With:
| Zunts rs. the United States. The Supreme
Court dismissed all claims. upon the ground
that they interfered with the non-irtercourse
act of July 49, 1863.
Towards the conclusion of the proceedings
General W. G. NJ. Davis read petition from
Hamilton Martin and VIM. E. Gill, stating that
they are held in prison in the State OF Florida.
confined in damp and unhealthy quarters, and
that thereby their health has been impaired.
They pray that their condition may be palliated
BY this court; that there may be revision OF
tie proceedings Of the court below; that for
want Of pecuniary means they have not until
now been able to procure counsel IN their case,
etc.; that in view Of these and other facts, they
pray writ Of hd6eGS corpus and certiordri
the competent jurisdiction to bring the petit
TONERS at day certain, during the present
term, before the court, in ordar that the cause
of their imprisonment may be shown. General
Davis said he was under some embarrassment,
having been informed that this court had an
nounced it's determination 10 adjourn to-day
until the next term. That would be long
time to wait for decision.
The court said it could not 10 otherwise, the
business Of the present term having been
transacted and the time Of adjournment fixed.
General Davis replied that ne had not found
anywhere in instances where writ Of h1oeds
corpus had been granted that there was wait
ing of five or six months from the time the
writ was granted for it's return.
Associate Justice Nelson reminded the gen.
tleman that this court did not sit during the
whole year. He could make @he application at
this time. The court said it would make the
writs returnable the first day OF the next term,
which was done accordingly.
The petitioners in this case we're indicted in
federal court for the murder of freedman,
and they hold that the State court alone can
take jurisdiction Of the subject.
TIE M'cARDLE CASE.
The following explanation Of the action Of
the United States Supreme Court in the
McCardle case is given: The case was argued
on the day originally fixed for it. The confer
eQCe Qdy lS III CdCl NSCAs kA0 OoHSA
working DAYS have been fully occupied in hear
ing the argument of cases in regular order on
the docket. On the first conference day after
the argument the case was not reached, al
though the conference occupied all day. The
next conference day Congress had already
passed the act to repeal the jurisdiction in such
cases, and the act was before the President.
Gentlemen, practitioners at the bar, without re-
spect to politics. say the court coul1 not have
anticipated the Legislation, and if it had, could
not properly have run race with Congress;
that it would have been ridiculous afectatiop
not to take notice of it, and would hardly have
been consistent with the dignity Of the court
and the respect due to the other branches of
the government to proceed with the matter
until the President had either approved or
vetoed the bill. On the reception of his veto
it was passed BY the required majority in both
houses. When Mr.. Black, fer McCardle, moved
to be heard upon the question Of the effect Of
the law, the court, although it had several
weeks before fixed Tuesday, the 31st of March,
for tbe closing of the docket, agreed to hear
argument in the case on Wednesday, the 1st OF
April. Of that, however, the counsel did not
take notice, not having appeared in court until
after the subject had been postponed.