The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-02-02
THE OBESCRNT's DISPATCHES.
TROM WASHINGTON.


Proceeding. OF ConEre"-Bin for Sale or
IrOBcIsds-The Dismal swamp StOck-The
AisbsHH Cioims to be Enforced at all
Hazards Hinister Thornton The Me-
Carole eCnss-AIEuments or Counsel.
WAsHRGToS, Feb. 1.-The president has recog.
nized Augustin RoderiqueE Spanish consul at Gal.
weston.
ISenote-No session TO day.
UOUSe-Ihe president was asked whether he
had appointed certain special agents as pOstmas.
tels who had been rejected by the Senate, and
under what law sCch appointments had been
made.
The John Young Brown case was resumed;
Beck advocating Browns admission; he denied
the House had the right to extend inquiries
beyond constitutional prescriptions and held that
IL the member elected took the oath he had a
right to a seat The charges of disloyalty should
come up afterwards, when, If found guilty, two
thirds could expe him.
Knott, Of Kentucky, favored Browns admls.
sion.
Kerr. member Of the committee, was sick,
consequently action was postponed until Monday.
Brooks presented petition from many citizens
OF Ne" York, praying for the removal Of the in
come tax.
House adjourned.
A bill sent to the president to day authorizes
the sale Of thrty-fve Of our i'ty-four iron-ca1s
The attorney generals opinion regarding the
sale of the Dismal Swamp stock is in effect that the
United States are simply stockholders, and the
sale would be simply transfer Of personal
property.
The attorney general is at loss to know
how the stock can be sold with guarantee from
the purchasers that the canal shall be kept open.
The sale under the recent act Of Congress is
therefore postponed.
The committee of ways and means have agreed
to the Senate amendments to the whisky meter
bill, and it will doubtless pass the House. II su-
thorlzes five commissioners to act with President
Henry and Prof HIyard, Of the Smithsonian Ia
sttute.
This mornings World has the following: "Presi-
dent johnson is TO declare TO Great Britain the
American utimatum. The regeneration Of Sec
ret6Ty Seward is Of avail no more. Another
and higher authority has determined upon the
course which is TO be pursued in respect to the
claims Of the United States government upon
Great Britain. am authorized to state most con.
fdently and seriously, that the legitimate demands
which have been too weakly urged by the secre-
tary of state upon the British cabinet, are to be
enforced at whatever hazard.
"The new British minister, Mr.. Thornton, will
probably be presented TO President johnson on
Thursday. Although the addresses that are to be
exchanged between the president and Mr. Thorn
ton may be guarded and serene, the fact yet re-
mains that a speedy and satisfactory response
must be made by the British government to the
ultimatum Of the executive of the United States
or else a declaration OF war against Great Britain
must inevitably ensue. Signed, ]. 3. S."
The argument in the McCardle case resumed.
Mr.. Hughes said that the petition Of McCardle,
appealing from the decision of the court is
founded on the assumption that the reconstruc-
tion laws are unconstitutional. The petition as
serts that he is not accused Of any military Osnse
but when he comes TO explain the reasons of his
arrest, says thai he was charged with opposing
the reconstruction acts. Hughes quoted an ar
ucle which the petitioner published, showing the
violence Of the language towards the military sp-
thorities. and strong condemnation of the recon.
struction acts.
The whole tenor Of the reconstruction act OF
March, 'G7, contains no saving clause aud gives
jurisdiction 20 any court OF the United States to
interfere with the habeas corpus acts. The act
rather pNclUdeg the notion that il " N ha a
ball between the courts Of the United ,ates and
the military power; between circuit courts and
major generals, ard between Congress and the
Supreme Court. The military power of the gov
eminent and he war making power, is reserved
~ Congress alone, by the Constitution. Having
waged war for four years and the supreme Court
having recognized il as solemn war.
Tho United States here represented say
that the action does not recognize the right of the
judiciary 70 interfere with the political power
exercised in the late seeded States, and does not
recognize il as having the power TO interfere in
the interval from the close of the war until now,
when the work Of reconstruction is in progress.
Hughes, in the support of his argument referred
the court 10 various legal authorities
Hon. Jeremiah :. Black expressed his surprise
that the motion had been made to dismiss this
case, as the court had already set a time to hear
the argument on the subject. On a former oc.
casion the counsel for the United States were op
posed TO considering the case at all, bat they
go of half cooked. Editorial articles which had
been read were calculated TO eXlsparats the
friends Of Gen. Ord, but his private opinion was
that the epithets against that officer were not de-
served. If il s true, as asserted, that
neither this court ror the circuit court
Of Mississippi has any jurisdiction over
this subject then the American peo-
pie are in the precise condition the French
people were in during the monarchy, when any
man could be imprisoned and kept in prison until
lie died or was forgotten. Black said that the
very law from which Hughes quoted expressly
declares that the several courts OF the United
States and the judges Of these courts, shall have
power 20 determine exactly such cases as this
one. and il further authorizes them to issue
writs of habeas corpus within their respective
districts in the cases Of persons who shall
complain Of being detained or held in prison
contrary 10 the Constitution and laws of
the United States. Where there is no exception,
case falls within the general rule. The publica-
tion of editorial articles is not military offense
and it cannot be made one by simply calling il So
AS the case commenced in the circuit court it
should be settled in the Supreme Court. Where
doubt exists about the meaning of a law 1t is the
practice of courts 10 give them TO defendant for
his benefit, go that mischief may be repaired as
far possible. Mr.. Black, in conclusion, con-
demned the law which, he said strikes down in
dependent States.
The argument will lie resumed next Friday by
Senator Trumbull for the military authorities, and
Judge ShaIkey for petitioner.