The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-01-18

Of trying the party on these charges On appearing be-
lns commission II was suggested by the friends OF
the accused that no apply for release aud accordingly
writ or haheas corpus sued out before the
ircuit Court OF the United States for tho Southern
poned their action to hear result the return OF
the writ and the statement Of facts the Court ovsrued
inc motion for the discharge Of tho petitioner but adj
mittsd him TO bail and the petitioner at liberty
Mr Irumouil supposed that there not enough 10
TINS cause 10 induce the Court advance IL in the order
Tor argument He did not understand IL 10 come within
the rule to take out Of their order The mo-
tlon was 70 advance this as principal cause Tho an.
swer 10 this that the prisoner liberty under
the writ OF habeas corpus, and would not suffer II
there should DO poslponenent for year. II there
were evidence making appear that this was crmi-
nal case and demanded immediate action,
u might BIO advanced on tho docket; but It
was simply a matter OF habeas corpus and
the party was a. liberty as no had before
said, under bonds II discretionary with the
TO advance the case not; but he could not imagine
any for doing This court did not sit here to
pass on acts OF legislation and ~ bring political matters
the exercise Of its legitimate functions The court
would shrink from the decision Of all questions
coming regularly before IT, he was sure 'ne court
consider political questions He. after further remarks
repeated that the reasons given for the motion were not
sufficient for advancing this case on the docket.
Judge Black, in reply, said that this was not In any
sense political question: but In oil respects II was
judicial one and therefore should DO taken notice OF Dy
the court IL was not an appeal from part Of lne Jaw
or from the action Of the President or any executive
ehcers This court was not asked 70 review any @
which had been DONE The petitioner was charged win
what called crime. He was arrested, hed IN
close confinement and brought before miliiar commits
sion The writ Of habeas corpus simply brought ms
before the court when the petitioner appeared
tncre and refused to plead plea was put in for Nun
This petitioner being under hts friends went be-
fore the Circuit Court and sued out writ
Of habcas corpus Tho military commission dd
released him on his giving the bail required By the
court Counsel for the petitioner did not ask as favor
Ie ~ land and
custom and rules OF this court required that the case
should be placed At the head Of the docket as II claimed
hmm adlQ thR al
might with much proprsety refuse 10 hear tho case
until all the civil cases on the docket shall have been
their character. Tho petitioner was charged with
criminal offence, and whether the proceedings
Court Should decide the question: There was
act OF Congress- which decided that wrs OF error
long before that act passed there never had boon an
instance In which any one had attempted 10 stave OIL
question OF this character. The administration Of
criminal justice was OF great importance to tho people
If the party fairly tried and condemned the highest
interes. required thai he should be punished
way tho law became terror to OWL
doors and a praise to them that do well
credit to the administration OF justice that no shall be
relieved No would SAY that the sword should be
suspended ovcr a mans head for a moment longer than
aud precodents Of more than threefouhs OF century
would DO departed from unless the case were
taken up The principle in this case
did not apply to McCardie alone, but extended
to every portion Of the coan!ry; Il was wa,
tna It's execution might DO fair IL should be known TO
everybody TO be protected by the law. could not bo
guarantees every person accused tar and speedy
tral In order 30 determine tho guilt innocence of
mistaken In his promises, aud when the Attorney
General had heretofore expressed himself against the
views of the gentleman he could not but be doubtful as
to what Mr. Trumbull advanced.
Judge Sharkoy after Judge Black concluded his argu
ought to have settled the question long ago In Mssis-
sipp, there we're several persons under sentence OF
death and they might DO executed Tor ansn. no Knew
the Botany Bay OF America-the Dry Tor,ugas-and
others were In jail in Mississippi awaiting the tormina
ton Of this He there were more capital cases
pendiSg Strong doubts as 10 the constitutionay
OF the law another why this case should DO ad-
vanced and surely this the court OF last resort 10
settle all such questions
Judge Hughes, who appeared with Senator Trumbull
for the remarked that the Attorney General
could take part this case he had said tha
member Of the Cabinet, no was committed against the
Reconstruction acts OF Congress.
Attorney General Stanbery corrected the gentleman
This not the reason assigned by i'm. civilian in
the Filth Military District committed homicide in
Louisiana, aud the military commission sentenced him
TO DEATH The law required thata copy Of all the pro
that execution should take place without his APP
prevail of the The President called upon HIM
Legal adviser to give tho why he should
President his advice but in such way as to prevent
him rom appearing in this case.
jude Hughes, resuming his remarks, said tho Court
would that the plain question would DO as TO the
constitutionali'y OF tho military commission Tho case
$50 on tho docket and the motion pending was TO
advance It, lhe very fact that 1t involved
agreat constitutional question was reason
why n DISCUSSION of its morits should not
DO hastoned unless IL shown that the
petitioner suffered peculiar punishment The speech
OF Judge Black showed that this question could not be
alluded TO without stirring up passion. and this
additional why the consideration OF tho subject
should not DO fastened Tho would be better adj
vanced by allowing ample time for ITS consideration
The results important to allow OF hasty dis
position OF the case To-day they might find |, dill
cult question ms to perpex the Court but which might
easily BIO settled hereafter 1t seemed to him that moth
Ing required the contemplated haste.
The Court reserved its decision.