New-York tribune., 1868-02-01


pushed to finality with vgor and that the Govern
ment will demand immediate reparation for the
wrongs suffered by citizens at the hands of the
Alabama and other vessels fitted out in England,
under like circumstances, during the Rebellion.
Representatives of the tobacco interest TO be
heard by the Commissioner to- morrow, and will pre-
sent the plans and recommendations adopted in re-
cent Convention in this city,
The Attorney-General has about completed. and
expects to present to Congress next Monday, his
port of pardons granted by the President in criminal
cases. since May IA. 1865. This exhibit will include
the names of persons recommending pardOns, with
the suggested why the President should COM
ply with the requests.
The monthly exhibit of the public debt is not to
be issued before Feb. s. owing to the large drafts
from various departments of the Government. and
the small receipts from customs and the payment,
during the month, of about sSO,OOO,0OO interest on
the five-twenties and Isl bonds The exhibit will
not be so favorable as the last one, published early
this month On the 1st of January, the Treasury
held s0S 100000 on the 1st of February there Will
be about $S00O00O For the next two or three
months the prospect will be better there will be
little demand for gold and by resolution of Congress
the immense claims for damages By the border States
have all been stopped.
The Judiciary Committee were in session to-day,
but took action upon the resolution passed in the
House yesterday directing an investigation into the
alleged conversation of one of the Supreme Court
Judges on the constitutonality of the Reconstruc-
ton measures.
The Board of Officers appointed TO revise the Arti
cles of War and Army Regulations will require but
a few days longer to finish their labors
In response to the War Departments ADVERTISE
ment for memorials for marking graves in Gettys-
burg Cemetery halfa-dOzen patterns have been sent
in but no choice has been made.
Your correspondent was authorized to say, last
evening that the President would send in the name
of a successor to Mr. Rollins today but for some
reason he has taken such action during the last
twelve hours but says this evening that he has not
changed his intention, and will certainly make a
nomination soon.
Some of the ows apers have been saying that Mr.
Johnson will veto the Authorization bill. MIR.
Johnson says that he has told no one to speak for
him in that matter, that he has no fixed intention
about it, and that he may either sign, veto, or allow
il to become law under the expiration clause lhe
tenth day expires on Monday.
zen, Sherman will leave for the West on Monday,
going from here to Cincinnati, where be will remain
a few days, thence to st. Louis.
The receipts for Internal Revenue for the last
month were $l49lsSi7 OF. 1t was expected to raise
sl5OOOOO0. The receipts to-day reached S56O54l 70.
Among those who had an interview with the Presi-
dent to-day were the Hon. Samuel Hooper, Member
of Congress from Massachusetts,, and Prof. Agassz.
Speaker Colfaxs reception this evening was largely
attended by the best society in Washington:
1t il understood that the recent visit OF Gen. BaD-
cock to Mexico to get concession IN favor of
steamship line of Ben Holladays between Mazatlan
and San Francisco He had letters Of recoinmenda-
from Gen. Grant. Ii is said that his mission was
In the United States Supreme Court to-day in the
"A
made by the Hon James hughes on the part OF the
military authorities of the United States to dismiss
the pending appeal for the following First
For want of jurisdiction of the subject matter nyolv
ed SecOnd-Because the appeal in the case Is taken
from judgment OF Circuit Court OF the United
states in case of original jurisdiction by said Cir
cult Court and not from ease in which the Circuit
Court held appellate jurisdiction; and, third, because
corpus herein had jurisdiction of the case or pro-
ceeding under any act of Congress Mr.. Hughes
said that the. petition of Mr.. McArdle, appealing
from the decision of the Court, is founded on
the assumption that the reconstruction avs
are unconstitutional. Mr.. McArdle was held
under these three, several acts This petl-
ton asserts that he is not accused of any
military oiiense, but when he comes TO cx-
plain the reasons for his arrest he says
that it was charged that he, opposed Inc
reconstruction acts of Congress Mr.. Hayes then
quoted the article. which the petitioner had pub
lshed in his journal The Jicksbug ItmeS showing
violence of language toward the milaIy authoilles'
and strong condemnation OF the reconstruction acts
The whole tenor of the reconstruction act of March,
1861 contains no saving clause, and gives jurlsdc
ton 10 any Court of the United States to interfere
with the habeds corpus acts The act rather eX-
cluCes the notion that IL was 20 be football
between the Courts of the United states and
the military power of the United States between
the Circuit Courts and the Maior-Generals, and
between Congress and the Supreme Court
The military power of the GovernmenI the war
making power, is reserved TO Congress alone by the
Constitution. Having waged war Tor four years, |
and the Supreme Court having recognized 1t as |
solemn war the United States rs here represented,
saw that the action does recognize the right Of
the judiciary TO interfere with the political power
now exercised IN the late seeded Satcs-does not |
recognize it as having the power 10 interfere |
in the interval from the close OF the |
war until now when the work of
of his argument referred the court TO various legal
The Hon. jeremiah s. Black expressed |
his surprise that the motion had been made to dis
miss this case the court had already set a
time TO hear argument the subject. On a
former occasion the counsel for the United
States were opposed TO considering the case
at all but now they go of half cooked |
The editorial articles which had been read were cal
cuated 10 cxasperate the friends of Gen. Ord but his
private opinion was that the epithets against that
officer not deserved lft Is true as asserted on
the other side that neither this Court nor the Circuit
Court of Mississippi has any Jurisdiction over TINS
condition the Irish people were in during the mon
archy when any man could be imprisoned and kept
in prison until he died or was forgotten Mr. Black
said that the very law from which Mr.. Hughes
quoted expressly declares 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 it further authorizes them TO issue wrts
of habeas corpus within their respective districts In
cases of persons who shall complain of being de-
tanned held in prison contrary to the Constitution
and laws of the United States. Where there is no
exception case falls within the general rule The
publishing of editorial articles Is not mlitary or
ense and il cannot be made one by simply so calling
il. As the case commenced III Circuit Conrt, IL
should be settled in the Supreme Court Where
practice of the Courts to give them to the defendant
for his benefit so that mischief may be repaired as
fnra as nnssiLle Mr. Rlack in conclusion cOndenned