The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-01-21


Which here we sought
Congress and the Supreme Court.
THE coNsTTTUTIoNALI1Y OF THE EEcoNsTRUC-
TON AcTs-ARaUMENT IN THE MARBLE CASE.
A motion was argued in the Supreme Court
of the United States OH Friday last IN Which
the power of Congress over the Southern States
is more or less involved, and the constitution
ality of the Reconstruction acts questioned
The subject attracted large attendance o.
members of the bar, including number o
the most distinguished lawyers from various
parts of the country. 1t was case No. $50, ca
parie, William q. McArdle, applicant, on ap'
peal from the Circuit Court OF the United
States for the Southern District Of Mississippi.
Senator TRuMBuLL stated that Attorney
General Stanbery had declined to appear on
this occasion, he having recently given legai,
opinion on O. subject connected with the trial
OF civilian by military commission, tnere-
fore he (Senator TrumbuiD had been re-
auested by the military authorities 1or the
ooSorSSsAOs'S
regarl to the motion which had been tlled to
place the case higher upon the docket, in order
to more speedy hearing. The case in brief
is this: A person by the name OF McArdle the
editor of o Vicksburg paper, was arrested IN
the State Of Mississippi for the pubhcatlon OF
certain articles charged to be insurrechonary
in their character. A miGtery commission was
ordered by General Ord for the purpose OF try
ing the party on these charges. On appearing
before the commission it was suggested by
friends of the accused that he apply for relief,
and accordingly writ Of hd6eds corpus was
sued out before the Circuit Court OF the Unlteo
States for the Southern District OF hlississlppl.
The military commission postponed action to
hear the result. On the return OF the writ and
the statement of facts, the court overruled tce
motion for the discharge OF the petitioner, but
admitted him to bail. The petitioner was now
at liberty.
MI. TRumsuLL supposed that there was not
enough in this cause to induce the court to
advance it in the order of argument. He dld
not understand it to come within the rule to
take up causes out of their order. The motion
was to advance this as principal cause. The
answer to this was that the prisoner was, at
liberty under the writ OF habsds corpus, and
would not suffer even if there should be post
ponement for year. If there were evidence
making it appear that this was o criminal case
and demanded immediate action, it might be
advanced ON the docket; but it was simply 3
matter of habeas corpus, and the party was at
liberty. as he had before said, under bonds.
It was discretionary with the court 20 adj
vance the case or not, but he could not imagine
any reason for doing so. This court did not
sit here to pass on acts Of legislation and to
bring political matters within its grasp, OK
cepting when they came before it In the.exer-
else OF its legitimate functions. The court
would never shrink from the decision OF oil
questions coming regularly before it. Ho was
sure the court would never depart from Its or
binary proceedings to consider political ques-
tions. he, after further remarks, repeated
that the reasons given for the motion were not
sufficient for advancing this case on the
docket. 1e 81 .
Judge BLAcx, in reply, said that this was not,
in any sense, political question, but in all re-
spects it was o judicial one, and therefore
could be taken notice Of by the court. 1t vas
not an appeal from court Of law, or from the
action or the President or any Executive ofh-
Ger. This court was not asked to review any
thing which had Eecn me. The petitioner
was charged with what was called crime.
He was arrested, held in close confinement.
and brought before military commission.
The writ Of ho6eas corpus simply brought his
case before the court, and when the petitioner
appeared there and refused to plead, plea
was put in for him. This petitioner being un-
der arrest, his friends went before the Circuit
Court aud sued out writ Of habeaS corpus.
The military commission did not suspend its
action, but General Gillem released him Oh his
giving the bail required by tie court. Coun-
sci for the petitioner did not ask as favor to
this man that the case bo placed in froit, but
they asked it because the laws OF the land and
immemorial custom, and the rules OF this
court, required that the case should b. placed
at the head Of the docket, as it claimed imme-
diate attention.
If the court denied the motion, it might,
-, -, ~, 30 haor thon
until all tho civil cases on the docket shall have
been disposed Of Causes are heard according
to their character. The petitioner was charged
with criminal offence, and whether the pro-
ceedings were legal or illegal, it was necessary
that the court should decide the question.
There was an act Of Congress which decided
that writs Of error shall be entitled to prece-
dence over other cases, but long before that
act was passed there never had been an in
stance in which any one had attempted to stave
off question OF this character. The admins
tration OF criminal justice was Of great impor-
tance to the people. If tho party was fairly
tried and condemned, the highest interests re-
quired that he should be punished with the
least possible delay.
It was in that way the law became a terror
to evi-doers, and praise to. them that do
we'll. II a party suffer wrong, it was 1mpor-
tant to him and credit to the administration
OF Justice that he should be relieved. No one
would say that the sword should be suspended
over mau's head for moment longer than
was necessary. This being criminal case,
the custom and precedents of more than three
fourths Of century would be departed from
unless the case we're taken up now. The prlD-
ciple in this case did not apply to McArde
alone, but extended to every portion OF the
country. 1t was important to know what the
law was in order that its execution might be
fair. It should be known to everybody 10 be
protected by the law.
It could not be denied that the constitution
of the United States guarantees to every per-
son accused fair and speedy trial, in order to
determine the guilt or innocence of the patty.
The gentleman who preceded him might be
mistaken in his premises, and when the Attor-
ney-General had heretofore expressed himself
against the views of the gentleman, thero
could not but be doubt as to what MIR. 1runl-
bull advanced.
Judge SHARKEY, after Judge Black corclud-
ed his argument, stated q few facts in the case
which he said ought to have settled the ques-
ton long ago in Mississippi.
There were several persons under sentence
Of death, and they might be executed for sught
he knew; aud not only these arc interested,
but many others at the Botany Bay OF America
the Dry Tortugas. Others were in Jail in
Mississippi, awaiting the termination Of this
case. he was sure there were more capital
cases now pending. There was strong doubt
as to the constitutionality of the lew, which
was another reason why this case should be
advanced, and surely this was the court of last
Hughes, who appeared with Senator 1rumbull
for the government, remarked that the Attor-
ney-General would not take part i'll this case,
"a he had said that 30 a nlnmher Of the cabi-