New-York tribune., 1868-03-06
ing counterfeit money. Their term of imprisonment
hnH orniro
THE McARDLE CASE.


THE RECONSTRUCTION ACTS IN REVIEW.
WASHINGTON, March 5-In the Supreme
Court to day. Mr. David Dudley Field spoke behalf OF
the appellant In approaching the argument In this great
cause, the Court should all exclude from every extra
neous disturbing element They should DC eieFa'eu
II they could, above the strife land passions Oh 'no ~
to more serene, purer atmosphere. Withsfuss 10 -.
Office and the nse and fall OF parties, anu VIZ
the policy OF the President and OF oonsrcs'
they had nothing to do within the walls OF ths oha
Der Of Justice The Court had been tola .nat h ,he
judiciary not an equal coordinate departmentI
Were there coordinate For the HfsL e
It had been suggested here hat tne ohers This notion
entered the minds OF nose mo so s, e
tuition. In the convention ~ nass resonon declaring
that the National Government snail consist OF supreme
ie~is,atye executive and judiciary departments, and
he maintained that the degree Of separation required IN
the performance OF their respective duties was essenm m
tly 70 oT Indirectly any power to overrue influence
the other in their respective functions Power was en-
uard against its improper influence The before the
Court that Of man, McArdle citizen OF Mississippi
military commission on charge OF military ofense.
The question for the Court to decide was whether under
constitutional form Of government citizen could be
thus subject military tral-a citizen not impressed
with military character 10 MAINTAIN .nis S
Of power counsel here under the authority OF the
Secretary of War. and the additional question was
whether the Reconstruction acts were or were no.
State could be seized and governed by the military Inc
question hinged the preamble OF
act and the ls and sd sections OF IT, lie denied the
truth OF the assertion in the preamble tha there is no
legal State government In Mississippi and that there ls
adequate protection therein to life and property lie
also said that II this were true II was not compe-
Congress TO carry II by military power alone
There authority In the Constitution Tor IT, Inc
Constitution made TO operate In time OF peace as well
as In war time and was intended for all time:
Mr. Field then argued that the United States Circuit Court
for Mississippi had Jurisdiction In the case He next at
tackled the premises which 10 was claimed military
rule was founded quoting authorities 70 show that the
everywhere protected by the Constitution OF the United
States further denial OF the truth Of the preamble,
he that the I'd OF March, 1867 when
the act passed. there was no legal State government
In Mississippi in the Constitutional sense whence nad
Congress derived the TO declare that there was no
legal government Mississippi IL they could do II In
IN this case they could enter the State OF New YORK
and declare that no legal government existed but
theyy tthhey had had 70 declare that the Government OF
Great Britain and ireland was a void Government
The authority declare thing authority to decide H.
He accented the proposition that the military could DC
the aid Of the civil power but denied that the
military was paramount TO the civil power. Whatever
might he the truth untruth OF the preamble the mn
tary power could not be imposed under the Constitution
as The master Of the people Standing alone Therefore
the preamble did not justify the acts OF Congress He
then at length replied 10 the positions OF the opposing
counsel which he claRscd as four in number namely
FirsTha the clause in the Constitution guaranteeing
In interpOsng establish government In Mississippi
SecondyThat this right Is given TO Congress by the
power conqueror, who govern the conquered
as they please ThrdThat traitors they forfeited all
over the subject and FourthThat this power Is in the
exercise OF belgerent rights The Court adjourned 30
that the ChiefJustce might the Senate 10 organize the
Court Of Impeachment