Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-02-02
FnE AreGARpLE OAsE.
Motion 20 Dismiss for Want OF Juris-
Acknowledgement of Counsel.

Motion 10 Dismiss for Want OF Juris-
dietiOn---ArgumentsO Of Counsel.
WASHINGTON, Jan. 31.-In the Supreme
Court to-day Hon. James Hughes, on the
part of the United States, moved to dismiss
the McCardle case for want of jurisdiction.
Ii will be recollected that the court has set
apart the first Monday in March next to
hear the argument as to why the case was
advanced on the docket Hughes said the
petition of McCardle, appealing from the
decision of the court, ia founded on the
assumption that the reconstruction laws are
unconstitutional.
MeCardle was held under these several
acts. The petition asserts that he is not
charged with any military ofense, but
when he comes to explain the occasions for
his arrest, says he was charged with oppos-
ing the reconstruetion acts of Congress-
Hughes then quoted articles which the petit
toner had published in his paper, the
Nicksburg Times, showing violence Of Ian
guage against the military authorities and
strong condemnation of the reconstruction
acts.
The whole tenor and tone of the recon-
struction act of March, 1867, contains no
saving clause, and gives no jurisdiction to
any court of the United States to interfere
with the habeas corpus. The act rather
excludes the idea that it was TO be foot
ball between courts of the United States
and the military power of the United
States, between Circuit Courts and Major
Generals, and between Congress and the
Supreme Court
The military power of the government
the war-making power, is reserved TO Con-
gress alone by the constitution. Having
waged war for four years, and the Su-
preme Court having recognized il as a
solemn war, the United States. as here rep
resented, say that the action in question
does not recognize the right of the iudicia-
~ TO interfere with the political power now
exercised in the late seeded States does
not recognize it as having power TO inter-
fere in the interval from the close of the
war until now, when the work of recon-
struction is in progress.
Mr.. Hughes, in support of his argument,
referred the court TO various legal authori-
ties.
Hon. jeremiah s. Black expressed his
surprise that a motion had been made TO
dismiss this case, az the court had already
set time to bear argument on the subs
ject. On former occasion counsel for the
United States were opposed TO considering
the case at all, but now they go off half
cooked.
The editorial articles which had been
read we're calculated to make the friends of
General Ord feel indignant, but his private
opinion was that the epithets against that
officer were not deserved. If it be true, as
asserted by the other side, that neither this
court nor the Circuit Court of Mississippi
hes any jurisdiction over this subject, then
the American people are in the precise
condition the French people were in during
the monarchy, when any man could be put
in prison and kept there until he died or
was forgotten.
Mr.. Black said the very Law from which
Mr.. Hughes had quoted, expressly aays
that the several courts Of the United States
and the Judges Of these courts shall have
power to determine exactly such cases as
this one, and further authorizes them TO
ifsue writsof habeas corpus within their re-
specfive districts in cases Of persons who
shall complain Of being detained or heldin
prison contrary to the constitution and laws
of the United States. Where there is no
exception, case falls within the general
Sule.
The publishing Of editorial articles vas
not military OfeDse, and could not be
made by simply so calling il. As the case
commenced in Cireuit Court, it should be
settled in the Supreme Court. Where
doubts exist about the meaning Of Law, 1t
is the universal pracficeto give them to the
complainant for his benefit, in order that
the mischief might be repaired as far as
possible. Judge Black, in conclusion, con
demned the law, which he declared struck
down ten independent States. The court
here adjourned.
The argument will be resumed next
Friday by Senator Trnmbnll for the mili-
tary authorities, and by Judge Sharkey kr
petitioner.