The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1868-01-31
The s8edfurd Gazette.
UNITED STATES SUPREME COURT.
Case of Col. w. H. M'Cartlle---A rguments
OfJudge Black and senator TrumbulI.

NHSe Oh SOA. w. H. .MsdarHIR---A um EMS
OfJudge Black and Senator TrumbulI.
WASHINGTON, Jan. E.-In the Su-
the case of McCardle, this morning, af-
ter the transaction of some other bust
ness, Mr.. Black, the counsel of McCar-
die, called the attention of the Court to
his motion in this case to fix an early
day for the argument. He said that
Senator Trumb bull, who had some OBJ
Ijections, had been waiting to make
them, and he (Mr. Black desired to
hear them. Mr.. TrumbulI said he
knew no reason why tie cause should
be advanced, and an early day assigned
for the hearing of it. Tie relator had
been brought before 2 military COM
mission for trial but ths ha6eaS corpus
had suspended the proceeding, and he
was now out on bail. No harm could
come to him or any one by letting the
cause stand without decision for a
year or two. Mr.. Trumbull took up
lIlS W1lblCn ICClSOllo AlISO Will llLC nv
ton and answered them severally. He
said this was not, properly speaking, a
criminal case; it was a habeas corpus.
The other two reasons, instead of being
grounds to sustain the motion, were
strong against it. They allege that the
! United States are interested in the
question, and that it concerns the
rights and liberties of every American
citizen. This shows that it is politi-
cal case, and the Court should not vol
UNFAIRLY take upon itself responsible
ties of that kind. Mr.. Trumbull did
not expect or desire the Court to shrink
from its duty, but he believed that it
should not go aside from its regular
course to seek occasions for deciding
questions like this.
Judge Black replied. He denied
1 that this was political case. 1t was
purely judicial. "It has come," said
he, sin the form of legal appeal from
the Circuit Court for the District of
Mississippi, and it comes here with
technical regularity. represent no.
body but my client, and ask for the
vindication of no rights except his. J."
The Attorney-General makes no oppo-
sition. If Mr.. Trumbull comes in to
take up the case for political party, L
submit that he is out of his proper
place, for the Senator should know
that in the courts of the country we
practice law, not politics. A glance at
the record will show you that the re.
latOr was accused of n criminal Offense
arrested Without anyJudlcIal warrant
held for long time in close custody
and then brought before what they
may call Military Commission, or.
ganized to convict him. He could not
forsee his doom, for if they could try
him they could hang him. His friends
got writ of habeas corpus. He was
brought before the Circuit Court, and
was remanded, but the Judge, mani
festIy in doubt, facilitated the appeal
in way which showed his own desire
to have it decided by the court Of last
resort. Yet you are told that this is
not a criminal case.
Mr.. Trumbull-I did not say so;
said the habeas corpus was not Grim
inal proceeding.
Mr.. Black-Certainly it is not, but
the nature of the case does not depend
on the form of the writ, neither is g
writ of error a criminal proceeding,
but a writ of error like habeas corpus
may bring criminal cause into this
Court. Judge Black continued, we ask
that you hear the case now. 1t is not
at the foot of the list. By the statute
law of the land, by the immemOrial
custom of the Court, and by your own
written rules made so lately as last
wear, it stands at the head of the dock
ct, and claims your immediate atten.
ton. As criminal case, the act OF
Congress says that you shall hear it in
preference to others that are pending
but the preference always was conced.
ed to such cases. No criminal cause
was ever allowed to be STAYED off OF
put by on the ground that civil causes
whether older or later, should be heard
first. Such had been the universal
practice of this Court for more than
three-quarters of century. 1t is the
practice everywhere else. In all the
Courts. State and Federal, the rule is
to give criminal cases the preference
Your administration of criminal jus
tice cannot afford to wait. If the ac
cused party is guilty, and the proceed
ing against him is legal, the highes
interests of society require that he
should be punished without delay. L
he is laWlessly prosecuted by a tribun
al that has nojurisdiction, or if he il
suffering from the false Judgment of {
Court which has authority to try him
he must be Immediately relieved. Re
lief postponed is not relief at all. II
no case can any court permit the sworC
of public vengeance to be dOubtfully
suspended over the head of citizel
for an indefinite time. But there i
another reason which would induce yol
to take this case up Immediately ever
if it were at the foot of the docket. Ii
the exercise of your great power, yot
| l. lay