New-York tribune., 1868-03-05
TIE McAKDLE ChSE.
THE RECONSTRUCTION ACTS IN REVIEW.

THE RECONSTRUCTION ACTS N REVIEW.
WNsuINGroN March TN the United States
Supreme Court today Mr. Carpenter resumed his argu
ment Of yesterday He maintained that when Congress
upon the disc OF specific duty by virtue OF
power conferred by the Constitution, such DUTY not
limited by The limitations applicable TO other objects
found elsewhere in the Constitution The point OF the
Counsel FOR the appellant was that Congress must dis
charge it, duty subject to he restrictions n other parts
OF that instrument The IS thus clear and distinct
and II he could show that this Couu had held even once
that Congress n its power could try citizens
by court martial the argument on the other side would
be gone when the Constitution leaves a power un
rammeled II can be fuly exercised COngtess can per
form duty OF aiding the loyal people Of Mis-
sssippi 20 establish republican form OF gov
eminent and Congress was the sole judge OF
into Congress after mature delberation with the
facts and witnesses before IT, decided that while the Re
consructiOu process going ON IN civil state Gov
eminent crime must be ana The only means by
which this could be done Was by military supervision
aud such persons could be arrested for breaches
of peace and tried by military commission McArdle
complains that ne was Illegally imprisoned. writ OF
habas corpus sued ont to Inquire into the fact Tho
authorities having him custody took him before the
Court and set forth the and manner OF his nprs
ounent and the only question whether the provision
IA the Reconstruction acts which authorized his
arrest aud trial Tor his onense III this manner was
constitntion1l and, II So the appellant must be
Mr Carpenter sixth point was that nasInueh as Con.
entered upon the prosecution of the against the
to recognize st existing until Congress shall de
clare to De terminated and the acts In question
cOncatory measures OF the Government accomplished
their purpose without the shedding OF blood there would
nave boon compensation. We're the Rebel states
nov willing 10 take their place M inc Union, ~
might be wisdom to forget - Oon ~ possible the dread
u past Instead or this. however these states come into
the Court charging oppression ana tyranny upon the most
iudngent Government that existed on earth. While
resisting and thwaItng tile purposes OF Congress. they
will drive on discussion on TINS question. linen, u
remind the people OF North that they have conquered
the rebels of the South and IL shall provoke tine Govern
net 10 spsaL with rs sovereign voice H. in the
Win
Southern people have 10 submit 10 military RUE; her
fair fields remain icsoatc trade and commerce Ian
Tish her industry be not employed and fail OF their
reward. the South can have only herseli 10 Olae IN
c0ncuson Mr. Carpenter insisted that the providing OF
for the south aprang from necessity as mrh
the territory had been conquered from Mexico OF
from other foreign Government Congress mas taken
the middle 10 did not propose TO burn the South
ern towns put of the citizens 10 DEATH nor 10
admit them into full communication on laying down their
arms but designed provide for their restoration to all
political rights and privileges in mode which VIII best
MIR Trnmb1n followed lie denied the jurisdiction
the United States Circuit Court for the state OF Mes
nppl under the act OF feD o. 1901 70 near ths caase
aud he should establish that proposition or course TINS
Court could not entertain jurisdiction OF IT, Ie act OF
Congrcss OF March 1867 roces Is preamble that no
legal state governments for the adequate protection Oi
life and property exist IN the Rebel states ana that Il
necessary that peace anu good ORDER sa DC eioiesu
until loyal and republican governments can De estah
-hed in said Rebel States therefore the South Is divided
into military districts anu euploceu 10 hhIary author
ity aud Is made the duty OF those assigned to the COM
mand to suppress nsurrecton, disorder and Violence
and punish all dsurbers OF the peace eher oy le i9c1
civil tribunals. or II necessary, the commander tha
for that purpose All interference OF stte sutno Is
declared to be null and VOID. Inc act ProViuss
further, that the military commanders SHAH be TEN,
pOrary, and cease when tne states 6neI,Uu leu
Shall be represented IN congress. IL was law
I3r n NIss,.ppi ss Gem ord was in command Here was
rule prescribed for his government by Congress under
the authority OF the Constitution OF the United states
Mr McArdle was arrested under the law for melting IN
surrecuon aud the accused being IN military CUSTODY
charged with military ofcnse, the Circuit Court had no
Jurisdiction of the case But 1t might be said 9at se
Sct OF leb. g. 1857, was unconstitutional, and that
the ACT OF 1928 constitutional Admit these premises
and admit that the acts for putting down the monsros
rebellion unconstitutional III the Court should
como to such conclusion IL would have mo bear bear
ing whatever on tne question 81 JSamuio,.on Jn sa
The counsel for the appellant say that a mas Dec peace
there TO suppress nsnrrection Congress having gwen
the direction Was this Court TO inquire whether thls
nsnartment saws that there local government in
Mississippi FOR the protection OF law and property ltd
den,rtment The officer placed Mt his disposal lie
went thther obedience 70 the law OF Congress ana at
arrested this man McArdle charge OF melting nsur
rccton suppose Ehis Court, which was not Invested
the condition Of things IN Mississippi at that time. Con
ress might have invested the Conr with the power to 50
,noure but t has not done Suppose the Court were
to undertake do It ON the ground that this power
is being abused by Congress. Judge story has al
abuse suppose that the Constitution had invested the
Court with authority TO en out the militia 70 repel lna
son and suppress nsurrecton might not the power be
abusedI Yes: power I'm might be lodged
lodge power in another department. That the power
might be abused argument against It's existence
MI Trunhui then reviewed the history of Mississippi
and asked Was Il a state whom Mississippi was making
war on the United states, when every msmber OF the
Legislature took oath support Constitution IN
hostility 10 Constitution OF the United Statrs That
Rebel state sought 10 enter into treaties and alliances
with foreign states II kept ships and troops and engaged
I'm wnr and yet Notwithstanding all these thlngs "
claimed by counsel for the petinoner cad a'si
is bo possible 10 maintain such postonf 10 overthrow
the slate which made the United states oovern-
nent 10 destroy IT, called forth 100000 OF men The
chain was broken when the Of Msssaippi set mp