The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-02-01
WASHINGTON.
Motion to Dismiss McArdle-4rgH.
li- IS ment In the Case.


IalosT div si5a ----1u dsna %
wAsHINGroN, Jan, 31.-In the su-
preme Court to-day Hon. James
Hughes, on the part of the United
States, move.l to dismiss the. McArdle
case for want of urisdicti6n.--It will
be recollected that the Court has set
apart the 1st Monday In March next
to hear argument why the case was
advanced on the docket 7 Hughes
said the petition of McArdle appeal
ing from the decision of the Court is
founded on the assumption that the
Reconstruction Laws are unconstitu-
tionals Nc cArdle was held under
these three several acts. The peti
toner says he is not charged with any
military ofense, but when, he comes
to explain the reasons for his arrest
says he was charged with opposing
the Reconstruction Acts Of Congress.
Hughes then quoted the articles
which the petitioner had published in
his paper, the Vicksburg Times, show
ing his violence Of language against
the military authorities. and the strong
condemnation of the reconstruction
acts. The whole tenor and tone of
the reconstruction 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 acts The act
rather excludes the idea that it was to
be a. foot ball between the 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 Congress
alone by the Constitution. Having
=waged a-war fer four-years, and the
Supreme Ceurt-haying recognized it.
as solemn war. the United States, as
here represented, say that the action
in question does not recognize the
right of the Judiciary to interfere
with the political power now exer7
cised. in tile. late seeded States
does not recognize it as hav-
ing power to interfere in the in
terval from, the close of the war
until now when work at reconstruct
ton is in progress. 90! sIIFf4.T q
Hughes, in support of his argument,
referred the Court to various legal
authorities 2J00I IS
d Hon Jeremiah Black expressed his,
surprise that the motion had been
made to dismiss this case. ! The
Court had already at a time. to
hear the argument of theisubject on
a former occasion. The counsel for.
the United States were opposed to
the. constellation. of the case at ali;
but now they go half cooked. The edf-l
torial articles which had been mad
were calculated to make the friends of
Gen. Ord feel indignant, but his pri-
vate opinion was that epithets against
that officer are not deserved IF it
be true. as asserted by the other side,9
that neither this Court Orthe Circuit
Court. of Mississippi has any iurisdic-
ton over this subject, then the Amer
lean people are in the precise condi-
ton that the French people were
In during the Monarchy, when any
man could be put in prison and kept
! therefuntil he died or was forgotten
MIR. Black said the very law from
which Mr.. Hughes had quotedTex-
pressly says that the several Courts
of the United States, and the Judges
of these courts, shall have pewer to
OGIeTulD6 GAdCIly EuCi1 GASES dS buIS
one, and further authorizes them to
issue writs of habeas corpus within
their re spectiYe districts, in cases of
persons who shall complain of being
detained or held in person contrary
to the Constitution aud laws of the
| United States Where there is, no
exception a case falls within the gen
eral rule. The publishing of edito-
rial articles was not military offense,
and could not be made one by simply
so calling it. As a case commenced
in Circuit Court. it should be set
| tied in this Supreme Court. Where
doubts exist about the meaning Of
law, it is the universal practice to give
them to complainant, for his benefit,
in order that this mischief might be
repaired as far as possible.
Black, in conclusion, condemned
the law, which, he declared, struck
down ten Independent States.
The Court here adjourned.
WASHINGTON, Jan. 31.-The House
Military Committee this morning de-
cided to report DILL authorizing the
Secretary Of War to establish a United
States arsenal at Fort David Russell,
Dakota, near Cheyenne City, at cost
not exceeding $4,000.