The New York herald., 1868-03-06
THE McCARDLE CASE.
Argument OF David Dudley Field for the
Appellant.

Argument OF David Dudley Field for the
Appellant.
WASHINGTON March S, 1868.
In the Un,od States Supreme court this morning iir
Field counsel the;appellant McCarde presented tho
following argument
II Court PLEAsE-The appellant . citizen of
Mississippi was there arrested in October 1857 and
under the authority OF the United Salss be tried for
publishing In newspaper OF which he Is oditor criti
not TO vote or how to vote upon public questions He
was not in tho military service. and the question s
sion The defence rests upon certain acts Of Congress
commonly known as the Military Reconstruction acts,
namely shS, Of March 1861 March ss 1851 and July
state government or adequate protection for life or
property exist in the rebel saess OF Virginia. North
Carolina South Carolina, Mississippi Alabama, Louisi-
ana, Florida Texas and Arkansas, and whereas 1t Is
that peace and good order should be enforced
DO legally established, therefore, 30 Let
first ask attention to the proposition that because
life or property now exists in the State Of Mississippi
therefore that State be placed by Congress under
absolute and universal martial rule. Where is the
thory OF tho government Of the nation taking upon
Itself the government OF State however disorganized
and anarchica and carrying on that government by tho
in language or by necessary ntendmcnt every
power which it s possible for the federal authorities
of any kind TO exercise under any circumstances.
Ny proposition that military government cannot bo
up The United States Tor any OF the purposes
toned aud the reason Is this military government is
prohibited by the constitution. lawful end-an end
expressly authorized by the be OBJ
tanned by pro biled means Congress authorize
the trial OF any person not impressed with military
character for any crime whatever, except by OF
deciding The accusalon Even II Congress had author.
ity to take upon itself the government OF State this
goyernmsn, could mot not be military one and for tins
these military reconstruction statutes fails and
the statutes themselves are unconstitutional and
void; and II tho statutes void all acts
done under them are Illegal In the Migan
the Judgment Of the court states that tho guar.
.nf al utnvv
intended for state Of war well state OF peace
and is equally binding upon rulers and people, at ali
neither tho President Congress- nor the judiciary
disturb any or tho safeguards Of civil liberty
right is given to suspend in certain cases the priveSc
OF the writ OF habeas corpus" IT. therefore, 1t were
conceded that Congress could, In some possible crcum
siances, take upon itself the government OF State
s certain that II could not govern by the army II Is
said that Mississippi Is not state, and therefore the
sissipp State but that II she be not State abe is
within tho limits OF the United S,a,cS and that the
prohibitions OF the constitution rs applicable IN the
Territories in The State OF Now Yoss Whether,
therefore, there be DO not illegal Stale government
adequate protection for life property in Missis.
Of military government tDrcdd scott vs. Sanford
~ How, 4la) suppong, for the sake CT the argu-
mcnt that military government IS not prohibited, but
arghuu, constitutional means OF Intervention, submit
that tho preamble furnishes no reason for any kind OF
bacaaso y Is not true IN constitutional sense; and
seeoni because. " true, 10 s not cons,itu-
there not on tho "a OF Mxrch. 1867 q loyal State
government in MssIssppiS This inquiry involves
whether iEe cee,an'len OF Congress is conclusive
upon The court ssprosc an act OF Congress passed
to-mprrcw With = similar preamble concerning tho
verify II 4 declAEsd that whereas no legal govern
ment sts.n IN Massachusetts, therefore y be made
military diasae sad srhect 10 the military power OF
tho United states just Mississippi is made sublec. to
the ac IN qGssior, and ibc Commanding general OF tho
dkci weo % 70 TIE ancient state House al Fasep
arrested asd ftsa by military eommisssns for protest.
ing against thess yioatoEs would yos DO obliged 10
roa mat AassaehuseIs nssro legal stats
tos ie hsr hat ihoaA yoa do not s.s why she has
not gal aie government Congress has decided othsr-
wise sad that - s1ncent for rou LATHE reed DO said
respecting the soncuysnss Il tie declaration that thore
no aaequa,s proecioa for life property. IS
ior Conyfess 20 dec 10 whether New York ful1s her
oe,iv az ,s. o Protection y sneI nssx ana pro-
tnat tabeei ~ respect 10 New York Mississippi has
20 s.ce waasse Advancing then, - the questions OF
Iaet one o which the court taker judicial notice,
whsi do NO soes We SAie govern ment In hisss.
sprL esablshed Under written consituL on, carried
ind csi and nuOd IN Al unbroksu lice from Ter
admi.sion no the Jni0n until the passage os these NIL
IA ksconsuae.lon scs--ansroken. shouh have sad
the tinted states forbsis he OF Inc STATE 70
assemble of their courts 20 nod tier sessionG That
break being caused BY the federal forCs "a be set u
reason for feasral Interference lie sersx OF
statutes have been fesri1J continued througb every
year aud ylcka deesisns have been reassrsd frsm
term 70 term down 10 The lTsaAt hour Hossvsr con.
surable and criminal may hsse ben e coads scl o. shs
LessIa,ares OF hs rebsl states esnsE tbs r.bsIloa,
al Ihe time, carry Dg their Operations via rssgsr
y Whether there ~ 'sssqaais prosectoa FOR ~ asd
,. -oPsry, n ,hs slate q Na..slpp 40 n0i kss~.
wa, there sdcqas,s pfoteeuos for hs snd prupsry Ii
me q, ,irsn. Gsncs q Nss rsrk fof lhs isn year.
ION Tor .Gs sse properly 10 ths mlnlas d.srles o.
How "a 10 ne rev sefilsmsntsf Ia
/ ussn, w sa9sa,s prose"on 'has eriDs . pssishsd