Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1868-02-15

pal Legion j. forming,
WASHINGTON, Feb, In the ar-
gument in the McCarllo ease llushrs
said that tho petition of MoCradle
appealing from the District Court,
founded on the assumption that the
reconstruction laws were unconstl-
tuli0nal: McCardle WAS held under
these several nets, The petitioner
asserts that he is not accused oi any
military offence, but whom ho came
TO explain the reasons for his arrest,
says that il was charged that he OPP
posed the reconstruction acts
Hughes quoted the article which
petitioner published, showing vlo'
lencc of language towards tho mill
tary authorities, and strong CON
dcmnation OF the reconstruction
acts. The whole tenor OF the re-
construction act of March, 1867,
contains no saving clause, and gives
no jurisdiction 10 any Court OF L,
S. TO interfere with hGJedS corpus
acts. Tho act rather excludes the
notion that il was to be n foot bull
between the Courts oi tho United
States and the military power oI
the United States, bctwccn the Cir.
cult Court and Major General, aud
between Congress and the Supreme
Court. The military power OF the
Government war making power is
reserved to Congress alone by the
Constitution. Having wagel war
for four years, and the Supreme
Court havingr cognizcd us solemn
war, the United States aS here rep
resented, say that the action does
not recognize the right OF tho in-
dietary to interfere with political
power now exercised in the lato
seeded States, nor does not recns'
nize il rs having power to Interfere
in its interest, from the close OF the
war until now, when the work OF
reconstruction is in progress.
Hughes in support of his arSu'
mcnt, referred the Court to various
legal authorities.
Mr.. Black expressed his surprise
that the motion had been made to
dismiss the case, rs the Court had
already set ti;ac to hear the argn
mcnt On the subject. On former
occasion the counsel for the United
States were opposed to considering
tho case at all, but now they 90 oil
half cooked. Tho editorial articles
which had been read were culcuIntcd
to cXaspcratc the friends Of Gcnrral
Ord, but his private opinion was
that cpithets against that officer
were not deserved. If true, as as
serted on the other side, nci;hcr this
or the Circuit Court Of Miss. has
any jurisdiction over this subject
then the American people are IN the
precise condition the French people
were in during the monarch, wien
any man could be imprisoned and
kept in prison until he died, or was
forgotten.
Mr.. Black said that the very law
from which Hughes quoted, express
ly declares that the several courts
of the United States, and Judges OF
courts shall have power to determine
exactly such cases as this one; and
it further authorizes them to issue
writs of habcas corpus within their
respective districts in tho case OF
persons who shall complain Of being
detained or held in prison contrary
to the constitution and laws Of the
United States. Where there is no
exception, as case may fall within
the general rule. The publishing
Of editorials is not an otfcnsc, and
it cannot be made one, simply call
ing it as case commenced in the
circuit court. 1t should be settled
in tho Supreme Court. Where
doubts exist about the meaning OF
the law, it is tho practice of courts
to give them to defendant for his
benefit, 50 that mischief may be re-
paired as far as possible.
Mr.. Black, in conclusion, con
demned the law which said, "strkcs
down indcpendant States" The
argument will be resumed next
Friday by Senator Trumbull, fo'
the military authorities, and judge
Shar<cy for petitioner.
Lislic Combs will probably be re
iected by the Senate us Marshal o.
Kentucky.
John Young Brown will receive
heavy vote in the House, but thcr'
is not a probability of his being
seated.
ST. Louis, Feb. 1.-Gov. Fletcher
is about to seize the Missouri anc
Pacific Railroad in behalf of th'
State.
LONDON, Feb. 1.-The King o
Denmark has signed treaty for thu
transfer of st. Thomas.
New YORK, Feb. IA granC
mass meeting is proposed for thu
22d of February, to raise funds fol
Southern educational purposes.
1t is rumored that Charles Francs
Adams is about to be withdrawn
from England. r.-.
New ORLEANS, Feb. "a revis-
ion of registration lists in TcX;u
ended 3lst of January. liancocl
ordered the publication Of revise
lists in county papers and in t.
. form of hand bills, to be distributes
in the most public places. The ex
penses of printing and distribution
. TO be paid from the reconstruction
fund.
1t is said Gen. Hancock has hco
. petitionod TO extend the time for re
vision, but refused on the groun
t that the time provided by law ha
, expired. Its publication will pre-
/ vent fraud.
9 WAsH1SeIoS, Feb. 3-Horsx :
1 The following was introduced unde
D