New-York tribune., 1868-03-26
NEW-YORK, THURSDAY, MARCH 26. 1865

former which he recollocted H6 detailed the cir
Territory. pending the decision Of which Congress adj
mtted the Territory State, without providing Tor the
Court when the Court held back the ease until Congress
should nave the opportunity to decide whether the ut M
! Court had decided TO withhold the decision.
| the 1nJ MEASURE MERELY REPEALs LAW OF CONGRESS.
to this bin Tsci some others sS nS' do In view
y does not take from the Supreme Court the jurisdiction
an act Of February iss as Allows apPsas from the Cir
cult Court TO the Supreme Court habeas corpus
arising under sand act. and in my Judgment there is
the act Of now before that Court Under
the OF 1889 allowing United states Courts TO issue
Court az often BEEN deed5d That act gave
lty to issue the writ in all OF persons deprived
OF 1867 passed To provide for before pro-
vded for 10 relieve deprived OF their liberty
der color Of state laws In the Rebel States and OF such
the apprentice law OF Maryland whereby oOlored
citizens were virtually enslayed. IL in those
that the act OF 1867 allowed appeals to the Supreme Court
and in cases which arose under the act Of 1889,
which McCarde's case. We have lived from
without any general law authorizing appeals
in habeas corpus cases TO the Supreme Court, and
liberties win be in great danger as the President
preends to suppose If we continue without such law.
The Supreme Court has not decided the Senator from
Maryland supposes that has case before IL under the
OF 1861 aud do not believe 1t ever will so decide and
unless it does this act will not effect any pending cases
nor is IL trne, as the Senator from Pennsylvania, Mr.
Buckaew, assumes that the Senate passed this bill with
out consideration. The Senator from Pennsy ylyania
and nays which taken and the record shows that
ss Senators were present. and that 81 voted IN favor OF
average vote on the passage OF bills :, ,,o.o ,o.
no importance In this measure II it affected in
the Supreme Court il 1t all deuson on the part OF
Senator's the last speaker seemed to thnk theie was
such haste In passing the hill. He Doolitte) thought
there a very important case pending In the Supreme
Court that would be affected by IT, which the senator as
counsel, had made motion 10 dismiss. and which was
alleged TO be pending under this act When they declined
dismiss the ground that they had no
the presumption that they thought they had Jus-
dction. II case brought up on appeal from the
Circuit Court Of Mississippi and involving the c0nstitu
tonality Of the Reconstruction acts IN cohorrn9 power
upon military courts TO try individuals without grand
inres, presentments or trials IL the Senator believed
this not an important case and that the Reconsrnc
ton acts constitutional why should he undertake
TO take away the jurisdiction Of the Court H..
Mr TRUMBULL Rep III sad-wn the senator from
Nevada allow me 10 read sentence to show the senator
from Wisconsin lMr. Doottlel that he Is mistaken
understood him say that the Supreme Court hive de
cded motion TO dismiss the appeal that the McCar
die case Is a under the act OF 1867.
Mr. DOOLITTLE-I SAID they refused to dismiss 1t, and
therefore the presumption was that the court had that
Mr.. TRUMBULL-Let what the court said itself
FVer1 question Of substance which the Court could decide
upon the return Of the hsbe' corpus intending NE Of ~ own
j1con, he revised here appeal from rs hha Judgment
But the inquiry this motion into the Jurisdiction OF
the Supreme Court would be premature IL would eA-
tend 10 the merits Of the cause In that Court
Mr. DOOLITTI.E-I understand the Court TO say that
as to the Jurisdiction OF the Court below, they 40 not
presume TO pass upon that but IA 10 their own ursdc
ton. that they have 10 review the whole case.
Mr.. TRUMBULIl-Let there be no misunderstanding
between
ly refused TO decide whether the Circuit Court had us
dction OF the McCardle under the act OF 1861 the
Circuit Court had jurisdiction under the act OF 1865
clearly supreme Court could have no Jurisdiction Dy
appeal under the act Of 1867 because before 1861 no
peal lay IN habeas corpus 10 the Supreme COnr IL
was the law that gave the right 10 appeal to the
Supreme Court. Under the act Of l1S9, no
such thing as an appeal IN habeas eortus
cases 10 the Supreme Court was known. az
the Supreme Court had decided But the question
was whether. in this particular case, the Circuit Court
had Jurisdiction under the act OF 1861 which question the
Court refused decide until the merits OF the case came
up Suppose IL appears the merits that the Jursdc-
tOn i'm the particular referred 10 was under the act
Of 7s9 then % matter Of course, the supreme Court
Court lay under the act OF 79 That Is what the Court
decided.
Mr. DOOIITTIE said that was what he understood
that the supreme decided that they had the urs
dcton OF the Court below but 10 whether they had
jurisdiction In the they did not decide but eft 10
come up the merits.
Mr. BUCKALEW dem, PENN called attention again
to the circumstances under which the bill was passed
over q motion OF his 20 postpone. .
Mr. WILLIAMS interrupted 70 say that he would not
be governed in his action by what the Supreme Court
might do
Mr. oUMNER (2ep., Mass) moved to go into Executive
Session. with the understanding that this bill should De
taken up tomorrow and that vote should be reached
at 4 or O'Clock. He withdrew the motion temporarily
Mr. STEWART thought that Congress could legslate
properly the ground Of public policy III the act of
feh g. 1867 could be construed giving jurisdiction To
the Supreme Court IL certainly "A great blnnder.
AfterIu there allowing
mort debate Democratic Senators accepted
the proposition To devote tomorrow To the discussion OF
the veto, with the understanding that vote shall Be
taken before adjournment.
After brief Executive session, the Senate adjourned