The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-04-01


I'd u. S. Cavalry.
Ln the Supreme Court to-day, AS
sociate Justice Nelson said that mo-
ton had been made to advance the
cause ec Darte of Martin and McGill
and the Court had come to the con-
/ clusion not to entertain the motion,
and was, therefore, decided that this
| was a case which had several times
been before the Court, and was on ap-
peal from an order from the District
Court Of Florida, setting as Circuit
| Court In a criminal case of murder, IN
which it was alleged that the Court had
no jurisdiction, and it was proper to
I suggest that the remedy, if the relators
are entitled to any, was BY writ of
hobeas corpus from this Court through
| the District Court setting as crlmi
nal court, and a certioriari under the
/ fourteenth section Of the Judiciary
Act of 1899 This was the cOnclu-
sion of the Court, and it remained
for. the counsel to proceed according
y, if they saw proper The above IS
| a hGbeas corpus case from Florida,
the parties having been convicted of
murder, and involves points simil9r
TO those in the McCardIe case.
Judge Wilson said a motion was
made yesterday By Mr.. Black for
leave to argue the McCardle case uu-
| der the aspect It presents In view of
the recent act of Congress. One of
the council (Mr Black) was not
in the Court, but the conclusion of the
Court was that If there was no OBJ
lection the Court would hear the ar
gument on the opening Of the Court
on Wednesday 1t should here be
stated that Judge Black, on making
the motion yesterday, said he did not
think the recent act of Congress with
drawing from this Court jurisdic-
ton in this class of cases, was of any
effect to the MeCardle case. Mr.. Car
penter objected to the argument to-
morrow, as it was a case of much i'm
portance: he should like more time.
Justice Miller asked Carpenter what
time he wanted?
Carpenter replied that if the subject
went over tomorrow, it would neces-
sarily go over the term.
Judge Nelson said the Court would
let the matter stand till the counsel
(Mr. Black came in. The proceed
ings of the Court were suspended.
While waiting for the arrival OF
Judge Black Mr. Sharkey said he saw
no necessity for arguing the McCardle
case any further, and so far as be was
concerned he should merely like the
privilege of filing a few authorities
for himself, in the absence of Judge
Black. He was willing to submit it
on a memorandum.
Judge Miller asked Carpenter
whether be was satisfied with that
Court
Carpenter did not think he was.
The matter ought to be presented on
both sides.
Judge Miller understood Carpenter
to suggest, yesterday, that the matter
should not be argued, but the Court
should settle the matter for Itself.
Carpenter replied that he did not
suggest what course should be pur-
sued
Sharkey remarked" Judge Black
is not here.
Judge Clifford asked why Sharkey
said he had got out Of a sick bed to
come hare. He repeated that he had
a little memorandum. and handed 1T
to the Court He did not wish to in
terfere with Judge Black. The Court
dlAGI GOA6 uiLhLLO4s SdAAs a oG
the counsel are not prepared to argue
the question, and as the Court was
now approaching the end of the ses-
sion, it must, of necessity. go over till
the next term. This was the opinion
Of the Court.
The Secretary of the Treasury to-
day in reply to the resolution of the
House of Representatives, asking him
for statement of the trade between
the United States and the British
and North American Provinces,
transmitted a communication, prepar
ed by George w. Brega, Ia which he
says he is satisfied, after careful ex-
animation Of the returns since March.
1866, and a review of the effects
which grew out of reciprocity, that 1t is
undoubtedly for the interest Of our
citizens that the main features of that
eonvention should be reviewed, 50 far
as legislative action Of the Govern
ment can do so.
rOficial
HEADQ'Fs NIL. Dry. OF THE ATLANTLC,l
WASHIEGTON, D. c.
March 81, 1868
GENERAL ORDER 10. 4.
+ IN compliance with General Order No.
y TTeqtfflrz~fnrs A rfnV Adfutaut (feuer-