The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-03-26
THINGS IN WASHINGTON.


The following, from Washington letter II
the Baltimore Sun, gives some further par
ticulars in regard to the conclusion arrived at
by the Judges of the Supreme Court in the
McCardle case:
At consultation of the judges Of the United
States Supreme Court Saturday, the McCardle
case came up in regular order for determine
lion. A proposition was made to postpone
further action upon the case until after the
legislation now pending before Congress to
regulate appeals in such cases shall have
been concluded. This was objected to by two
of the Judges on the ground that the court is
not charged with official knowledge Of the
mere pendencY Of such legislation, and that
the courL could take no judicial notice oflegis-
latiye action until Congress has finally passed
bin and the same has become law IL due
form. A vote was taken upon the proposition
to postpone, and six judges voted for post
ponement and two against 1t. 50 the case goes
veto shall have been acted upon In Congress.
It appears the court is divided upon the
question whether Oh not it is IN the power OF
| the legislative branch to wrest O cause from
the court after jurisdiction has been acquired,
portion of the court holding that whilst the
| legislature cannot take away right already
| acquired under an existing law, it has the
right is to be maintained or adjudcated, that
the pending bill, if it shall become q law, will
abolish the remedy by which McCardle seeks to
obtain Judgment, and therefore the court could
not enter decree upon the case as now pre-
sented upon the pleadings.
Other Judges hold that this remedy is part
of the right that has accrued by existing laws,
and cannot by act Of Congress be taken from
the party in court. The case comes up in open
court tomorrow, when it is expected that on
announcement Of the result above set forth
will be made.
TIE HOUSE MANAGERS AND TIE PRESIDENT 8
Council CONTRACTED BY A RADICAL.
"Agate, the Radical correspondent of the
Cincinnati Gazette, writes to that paper as fol-
lows:
Mr.. Bingham has certain faults, very well
understood, and very commonly criticised IN
the House, OF which he has long been held
leading ornament. These were well kept un-
der in the opening Of the case; and his bear
ing and language were fully up to the heignt
be paid to no other one OF the Six gentlemen
who addressed the Senate for the prosecution
or defence. Mr.. Bingham has wonderful facili-
ty and elegance Of expression-a memory OF
precedents, and, indeed, of whatever it is need
ful for him to remember, little short Of mar
vellous-and vehement earnestness in what :
ever he undertakes, that goes far toward Be-
curing the conviction OF his hearers. 1t may
be considered certain that he will make the
great speech Of the trial.
Next to him will be Boutwell,, who, as yet,
has not spoken at all. Butler made strong
poiuts on last Friday, but his manner was very
much againt him, and it is his misfortune that
much OF what be does falls in with the popular
idea that he is demagogue. Wilson'S little
speech was plain and solid, like the man. He
will indulge in no flights Of oratory, and ls
really likely to have less weight IN the trlai
than his abilities would warrant. Williams has
NOT vet spoken. he is an able lawyer, after a
certain pragmatical fashion OF his own, and an
orator Of no mean powers. He is probably the
best legal scholar on the board of managers.
Logan is worthless, save for dumb show; and
poor old Thad. Stevens, save for moral effect.
It is undeniable that the weight OF legal rep
utation is against the managers, and IN favor
of the Presidents counsel. No lawyer in the
limited States can be named, with the approval
of the profession, before Judge Curtis, Of Bos-
TON. VIM. NJ. Evarts ranks with Charles
| O,Conor. jaime T. Brady, and David Dudley
Field. the four being held, by common consent,
the foremost lawyers OF New York. Intense,
and in some sense just, as are the pre]udices
against Jer. Black, We cannot IN talrness, deny
| t6at he stands with the foremost, if not him.
Stanberys legal reputation no Ohioan, most Of
| eli mo CinciDnetian, needs to be informed.
There are no men among the managers there
are even no men in the court-that can be COM
nsred with these four for reputation as great
lawyers before the country.
THE IMPEACHMENT WITNESSES.
A Washington telegram, Of the 22d instant
to the Northern Associated Press, Gays:
The form of summons issued to witnesses
at the instance of the impeachment managers
tsyar. -. are commanded to appear in the
senate chamber on the 23d day Of March, 1868
then and there to testify your knowledge in tn,
cause which is now before The Senate, In which
the House Of Representatives have mpeachec
Andrew Johnson, Presloent OF the onitee
States. Fail not. c...
the United States, and President Of thu
said Senate on the trial Of the said impeach
The summonses we're prepared yesterday
about twenty-four in number, and eacn I
signed by Major W. j. Mcdonald, chief clerl
for Colonel Forney, the secretary, VINO was a3 o
sent from the city. Deputies OF tne sergeaIlt
at-arms of the Senate were engaged last nigh
in serving them. Most, If not all, OF thes
witnesses have been examined by the impeach
ment managers. including Brevet Major-Gen
eral I Emory. Adiutant- General Thomas, Colone
Wallace. Samuel Wikison, Hon. Burt Val
Horn and ex-Postmaster General Horatio King
At least seven Of them are reporters; part O
them have already testified before the mana
1ers as to the Presidents speech in Washing
Ion. on the 18th of August, 1866, in respons
M The address and resolutions Of the Phila
delphia Conservative. National Convention
while others testified to the language use
in his subsequent speeches at Chicago an
ST. Louis. alluded to in the articles OF In
Mr.. WiIkison's testimony before the man
aoers detailed the conversation with Adjutant
General Thomas, and that of Van Horn, tn
colloonv between General Thomas and Nj
stanton. when the former, in the presence {
witness and other members Of Congress, cam
to the War Department, and, claiming to az
nnder the orders of the President, demande
the Surrender of the Office. General Thomal
on that occasion, was orderea 3y Secretaf
Stanton to go to his OVID room, Wnlcn ne ol(
The testimony of General Emory and Coiont
Wallace, relating their separate conversarlon
with the President concerning military affair
has been published. That Of General Emol
layine the foundation OF one OF the articles.
3 Another of the witnesses testified that he d.
liyered at the Presidents house copy OF tt
Senate resolution which declared that undt
2 the constitution and laws the President had Z
right or power to remove MIR. Stanton and
appoint General Thomas Secretary Of War q
interim during the session OF the Senat
7 while another witness, also in the employ
, .ho C,,o4o testified 10 having served COT