Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1868-03-13
The McCardle Case-Argun:nt Of Judge
.- Black.

Of tho Cnited States, aud Washington l.,Nx-
wri'ers lea'l US 10 iclieve that the Court W.
'u+et iariy the ISSUES presented n The c.se,
and render an oa,!y decision. The case is in
ieSd that of a si"g'e individual appealing
to she highest judicial tribunal against arlitrx-
~ arrest and the illegal y, oc--dlngs Of mill
tsrv coin,ni.sion, but inrolv,s the constitution
alty Of th- Congregational Ercons ruction Act,
4 the Question whether ten State. Of tn. l. ul.x
arc t" be deprived Of the trial by jury, and
al! the right. aud immuni.ies which are ruar-
untred hy .Nuyaa Ch0rtd, Snd the Constit u,on
.'f the United States. the Reconstruction
Acts are 80 CLEARLY Constitutional tina. It j.
supposed ts.e Court caunot h. state long in co,u
ing To n conclusion.
| The case has boen argued on behalf Of the
reinlor McCnidle, by Judge Black mn David
Dudley F:el'. uni tv Mr. Carpenter in reply
The opening argument BY Judge Black WINS
rnnse'iy effort. anil the ait-mpt a, re,dv eli.
| He'd the rrmnrk Of dstirgnishe.l lawyer
That it was but 1.-The cffnt Of an Indian in his
canoe to breast the rushing th rents Df Nj
ag rn."
The relat"r McCar.lle WAS Vick.hury edi-
tor, Who, for certun siric,u, o. upuu Gen. Ord.
mas arrested aud sent b-fore a military ,riiu-
n"l' and but for the arrest Of the p, cc-e eng.
would, according 10 the statement cf lis coun.
sci, have been s"n,;narily convicted upon
charges Which. hal they been Iut into tn.
tor'n of an ind c'nent aud pre-snted 10 any
Grand Jury in the Cui'el S,.tcs, the in,lrr,-
me"t would ha~e tefn siis4in,tr -,rs.i,eI
Without "rgr"...s .il -.e'.h"ut d,,a'e.. IL.
/ was charged ~ita a lbrl. which is not au Of
Il ncr n.y." nst rhf lows df the United S:a,ee.
Tic only law " trieh IN. Mii sry Commission i,nd
the shadow Of Ere,eal i"r eniurci.y. lie
was ACCUSED Il h: eanh of the peace when the
only "ite"ce OF Tho kin was that committed
~ 1irn Ord in his arrest a.d imprisonment.
1; WAS alleged that. hy bs publications, he had
ln'imI'ln'-d votrIs-u charge which nsht
mol" "Jhs''y hc urged arains, hs nccus--, ~hv,
with The L"yohe.. WIS driving one set of vo-
!erA 10 the I:olls. and ano;hcr set uw.y. IL.
Was cl"'s with Liui-r;ws Rccuns,, ucti.n
When, hy the Very terms &: the LES ,l,.,n-
selve,. the right is c"mrr.l~,l T." the voter d!
approving "r disappointing, and a show il
made Of .uh'n'tti~g them to tho tmi.ular will.
lct be ore II military court, which .'tr,e. with
out Jn'i' iie.i"n. conviets without proof and
lun''hrs without ,estrietio - his fa,a uuli
; have been sealed.
Tho Inherent d~frcts in the organic, z,iion OF
these tribunals are showu in th-ir failure to
'saiize single one "f ih".e rare qualities
wh'eh unite 10 form the jul cal claract-r,
aud winch are admirably J.lus .t~d in the i.l-
lswiny paragraphs:
III [ III We. NJ
'nht"'y counts were always organized to con.
viet. 1hdsa "ords wer. fitly spoken I'll It
they are like apples IF god in Picture. o!
silver. Th-y are n"w university sin, ,,lo, si a.
The most renieu.i" i"us -xrr.s-iun Of the FAC
ever uttered. 1t Inns been my fortune IL exam
'hr many 81 the records Of sucL eouIls, and |
would bring this Case to the en,ne priuei,ri~,
aud test II. II 10 q mot pcri.p.Iy uuiura
thing that il s:.ouid he 80. Yuu sannut .x,.c,
, that mcn trained US they are trained shou. Il
khow nnS thi"e about Judicial duty. No man
"Hs e'': IN ;'dirinI genus, OF could jump
in'o tie tencA and the administration Of JUS
lice, AZ men who are born for other Thing. can
perform them. You know far b Tier than !
can ;cl You how muei, time aud toll and rrouhI.
IT requires 10 maze JUICE who is 1ual:fie. for
his business. To administer Justice regularly
among people I" protect the rights In.l ell
i'rcs the "h'g-ti"ns Of inliv iIusls l.y tn.
proper txerci-e Of jrdici.l authority 10 Lo!,i
; tho senl.s "f jrs:ics will, an even hand. un,I
turn The ed;s;" Of t'r .word always III the rish,
d'rso'i"n, is rot nn!y Tie Highest aud most i'm
P"r'ant" "f all 'luries that any apciety owes to
'''e'f, but i is -at tho sa'ns time by far The
most difficult fuEc ion that any Government
I'm. TO i'efiu'm: The rcrnce in which YOU d. al
's The most complicated and abstruso that IN.
hnh''h intellect has ever arhriSed-; and afs-r
IL is m"str,c. the prastiec Of il upsn 1L.>Lr,c!
requires 'h~rrtrsesuiou Of certain great moral
Gn.tGics which q LIFETIME ID scarcely sufiiciru,
/" "p.rt- l"'l"p-nlrnc. u .p;ri'. elevation
Of though aud 'n"rnl courage that know 10
'lsnger. purify af I'urpo.s that mover receives
n Stain. imfnrti.iiy tha, is .b.o.utly blind To-,
ersry,hi''g bu.. the testimony and The hw, pa
:iencH that Fever t.r's-nll these are rsuuirs,l.
in addition TO at bdundLs. knowledge arrayo.l
ihsus't way, and reduced to susi, i 8, .,s,n.
r'at il is slwny. ready for practical Use. Th.,a
are the quai.tirs tha, ore. nu nsrI.l m.r.l,
upon rare "ccasions, but ii-y are n-sd-d. Tor
every days work, in small eases as ystl g IN
great oncA -.
''S''w, It inraly ~vnhld he ,hs most un iss
thing in tho world to expect that a.r~son
trained As an officer of the arinS .huul.i have
my Of the:s Qualities. Tie truth il. thai these:
moral and intellectual power. whicI, make him
shine III his own rrpfcssi"n arc the very q,uii-
Il s,Aat'sru likely tn nnfss him f.r In,.. Of
Inc j7'liriar! aud the t~nj.s6y cf his p;rofe.-
sien isa'oL Likely io'.,rev-nt him frsr knowing
sbout the law. bnt it tends 10 make him de.
'lise it. lie deals witt, nutsrini fo,css he
wors3li;s cover; the logic H,ai he Leii-~s in =.
is .hs .lugic Of hsfd bIu~as:Ns rust,cr Whist
Tho contest tnay be-. he can sl,ip L.s adx,-4
say, ,hs ,ihiA k. be, hss wps his sautv a.d
"t,h his I'd i:sr.ary WHIPS hiln y. ssnf.s.ss
dsIsnt." =, ~
The a'gunent asaia@ tlts uiiansFiry
Of the Recoistruet ON. Acts is Thu. briefly and
te:siLty presented: -
"Ths Constiiutisn OF tho United States i'll
certainly not very diEisuIt inst, umtnt To-
IL. sI'sak. very. pl.is Eugl.b.
There i' ns. wo'd in II the nes'j~g 81 ~hie,. |
is 6.A not,l,e.a long aud ~sii ssssi.t before u
.'s insss'ed ttrre. There is q kio.t of xs,asd |
simplicity y ads tehsS;ag TO- .. eoapoai.ion ~Li.h
: ''orresiSads Or waB lie .charaefes u fis snIiH
nent ynsn WIT ffs,nad :, ,Sta .ysss. al.4 ,td5t