The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1868-03-16
From the National Intelligenosr, March l2.
Another Remarkable Judicial Proceeding

From the National Intelligenosr, March L.
Another Remarkable Judicial Proceeding.
Some of the justices of the supreme court
ready and willing to go any and all lengths
to aid the revolutionary faction in congress.
A few days ago one of them was found play.
ing prominent part in the Stanton i'm.
broglio, and subsequently cancelling his
freshly issued warrant rather than permit
case TO be presented that would allow such
an appeal to the supreme court Of the United
States as would invoke an immediate deci-
sion of that tribunal upon the constitution
ality of the civil Office tenure bill, upon
which the Impeachment of the President is
chiefly based. In this case q heinous Grim
inal offence had been charged. The prisoner
had been arrested and held to bail In the
sum of FIVE thousand dollars, but the mom'
emit that the case assumed such an aspect as
to threaten an appeal and immediate deci.
sion by the supreme court OF the United
States, the whole proceeding was hastily,
unceremoniously, and in an unprecedented
manner abandoned.
Now another case comes before one OF
these justices. 1t is thus described in the
Washington correspondence of the New
York Herald:
VIRGINIA NOT A STATE IN THE UNION.
"The examination of the case of Samuel
Strong who was arrested yesterday on reQuisi-
ton from the governor of Virginia rs q fugitive
from Justice, and who had q hearing before
Judge Fisher, before whom he was brought on a
writ of hsbeas corpus yesterday afternoon, was
resumed this morning. After a short discussion
of the points involved, Judge Fisher decided to
release the prisoner on two grounds, viz: First
because Virginia is not q state in the Union
that the proclamation of the President, and
more particularly congress by its legislation
have expressly refused to recognise Virginia aud
the other southern states forming states o.
this Union; that the requsition of Gov. Pier
point cannot be recognized under the act of con
gress providing for the rendition of fugitive'
from justice the act of the executive authori-
ty of q state of the United States. Second. tina
there is no affidavit with the requistion showing
that Strong is actually fugitive from justice
This decision of Judge of an inferior
| court right upon the heels of totally con
| trary decision of the supreme court OF the
United States, manifests degree of con
temptuous contumscy worthy of the mos
turbulent of the revolutionary leaders il
| congress. Even so late as Monday last, il
| the supreme court of the United States, tn,
| following proceeding occurred:
Justice Nelson delivered the opinion in tn
| case of Mauro against the Alliance Insurance
| Company. The company had insured the shil
| Marshall for eight thousand dollars, not onl,
/ against the peris of the sea, but, stated il
the margin against all seizures, effect of seiz
| ures. The Marshall having started on her voy
| age, was captured in 1861 by n party of rebel
| with in a few miles of New Orleans.
| 1.-THE court held that there was at that time
| de fdcto govern ment in the south, which was de
| fined to be government in the possession of til
| the sovereignty of particular section of coun
try, exercising some of the rights OF Independent
| nations, such as blockade, taking and exchar &
| of prisoners, and the support of armies Their
| was no more necessity that there should be re
cognized legal government TO justify seizure
than necessity to recognize the seizure itself g
1 lawful. The efforts to draw of eleven state
from their allegiance TO this government and tn
| setting up of the so-called confederate state
| government were illegal, the states still bein:
| constitutionally in the Union.
| "The court affirmed the judgment of the cir
| cult court Of Massachusetts, in favor Of the ap
| pe!lant. Chief Justice Chase and Associate Jus
| tice Swayne dissented from the opinion. Judg
| Nelson remarked that the principles announced
in the decision applied TO several other insuranc
| cases"
The decision OF SIX out of the eigh
justices of the supreme court of the Unite'
States are to go for nothing, for the singl
intellect of one judge of an inferior. cour
has decreed otherwise. The radical revolu
tionists are the only law-givers, and thes
most righteous Daniels come TO judgmen
| must interpret the constitution and the law
in accordance with the WISHES of a congress
| sional faction, and in arrogant disregard Q
the formally declared opinion of the highes
| judicial tribunal in the country.