The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-01-24
Special Correspondence Of the Baltimore Gazette
The McArdIe Case-PurpOse Of the
Radicals.

! Special Correspondence Of the Baltimore Gazette
| The McArdle Case-PurpOse of the
Radicals.
WASHINGTON, January %, lS68.-The
decision in the McArdle case, to which
adyerted yesterday, gives earnest hopes OF
timely disposition of this important ques-
ton of the validity of the main features OF
the reconstruction acts. 1t is known that
five of the present Judges-namely, Grier,
Nelson, Clifford, Davis, and Field-are
committed in the Milligan case to the doc
trine that Congress has no right to pass
laws depriving citizen Of the right of trial
by jury under any circumstances what
ever. The other three-Judges Chase,
Wayne, and Miller-held that Congress
had the right to authorize trials of civilians
by courts martial in time of 10ar, under GER
tain circumstances. The law as laid
down in the case of Milligan and
others, if applied to the reconstruction
acts, in the case now to be tried, will
clearly decide their unconstitutionality,
| in this and other important respects,
should the status Of the court remain as it
is. Hence the necessity Of reconstruct
ing" the Supreme Court itself in the man.
ner provided for by the bill recently
passed by the House, and which is now be-
fore the Senate. This bill (professing to
make two-thirds vote necessary to in
validate an act Of Congress, but which, as
the Court stands, is actually three-fourths) I,
| proceeds, upon the assumption, that the
three dissenting Judges in the case re-
ferred to will 60 step further in the
coming trial, and maintain that Congress
possesses the rightful power to suspend the
writ of ha6eas corpus, &C., in time OF
peace; for otherwise the proposed law
would be nugatory in preventing the infa-
nous series of measures enacted from
being declared null and void. l would be
sorry to say that the Chief Justice, at
least, would thus stultify himself. But it
is currently reported he and his two asso-
ciates are prepared thus to trail the judi
cial ermine in the dirt of partisan politics
and in the interest of naked military des-
potism.
Since the passage Of the reconstruction
bill Yesterday by the House of Represen.
tatives Radical secret has been dlvulged
by some one, which exhibits wider plot
ting on the part of the conspirators than
had ever been suspected by the country.
The reconstruction bill provides that any
one attempting to hinder or retard its exc
cution shall BIZ guilty of misdemeanor.
This, it was supposed, was aimed at the
President, should he attempt to assert Or
protect bis constitutional prerogatives'
This supposition was true, as far as it went
but the provision of the bill making it q
misdemeanor to retard or interfere with its
execution was also aimed at the other and
third department of the Government-the
Supreme Court of the United States.
This is true to the letter. Inc
information was communicated to
the Judges composing that court
prior to their considering the Nc
Ardle motion, and during the con-
ference on that motion there is reason
to believe that at least one Of the justices
earnestly urged that the McArdle case
should be taken up at once in view OF the
startling events transporting in our midst,
and the vast responsibility resting upon
the Court. He urged the Importance OF
settling these grave questions before the
Court found itself in the meshes OF the
conspirators. It is an understanding intend
ed to be kept profound secret among the
Radicals, that under the provisions OF the
Reconstruction bill, should any Of the
Judges of the Supreme Court express an
opinion adverse to its coDstitutionailty,
such Judges can be impeached for mis-
demeanor. and convicted before Radical
Senate. Tins they propose getting rid OF
the obnoxious Judges, and securing
Court which will sanction and approve
their usurpations. The Judges themselves
seem to be fully warned Of these Infamous
plottings against the integrity of the
Court and against their own official exist.
epce. The secret has leaked out, and
hence the anxiety on the part Of some Of
the Judges TO bring on the McArdle case
for hearing at once. Treason to our
present Government seems to Turk In
every movement Of the Fortieth Congress-