New-York tribune., 1868-01-18
UNITED STATES SUPREME COURT.


CASE OF COL W. II. M'cARDLE-ARGCMESrs os
JUDGE BLACK AND SENATOR TRUMBCLL.
BIT raEssApa rRfBuss
WASHINGTON, Jan. 17.-In che Supreme Court
OF the United States the Of MeCarde this morn
ing after the transaction Of some other business MI
Black the counsel OF McCarde. called the attention Of
tho Court In this to tx early day los
the argument He said that Senator Trumbnl, who had
some objections had been waiting to make them and hs
(Mr Black desired to hear them. MS Trumsuli sad ns
knew no reason why the should be advanced aad
an early day assigned for the hearing Of it. The reatos
had been brought before military commission for trfa
but tho habeas corpu had suspended the proceeding
and he was out on bail. No harm could oons
TO him or any one by letting the cause stand
without decision for year or two. Ms TrumbuH toos
UP the written fled with the motion and answereA
them severay. He said this was not properly speana
q criminal case 1t habeas corpus. The other t>s
reasons instead Of being grounds to sustain the rnohs
we're strong against They alege that the United sat
are Interested in the question and that concerns Il
rights and liberties ofevery American citizen This show
tary tare upou itself responsibilities OF that kind Mr
Tumb did not expect or desire the Court 10 shrink ion
ts regular course to deciding questions
Judge Black replied He denied tina. this political
case. IL purely judicial 1t has come" said BE-.
ho District Of Msssp and il comes here with tech
nical regularity represent nobody but nay Client ana
bull comes in to take up the case for political party
Senator should know that in the courts Of n.
country we practice law. not politics glance
OF . criminal ofense arrested without any judicial
warrant, held for long time In close custody and thes
son Organized to Convict him. He could not ioresee s
doO for II they could try him they could hang him HIS
TSS the Gn % oSS SSar and sS pSss Sns nS
last resort Yet you are told that tins Is not criminal
Mr. Trumbul-I did not say so said the habeas corpus
not criminal proceeding.
case does depend the form OF the writ, neither "a
writ OF error criminal proceeding but writ OF error
like habeas bring into
Judge Black contiaued We ask that you hear tho
case now II us. at tie foot OF the ~ By the ststn
OF the land, b the nmemoral custom Of tue Court.
your written ruleS made lately last year.
it stands the head OF tho docket. AMI claims your
immediate attention. AZ criminal case, the act VI
Congress says you shall hear II IN preference %
conceded to such No criminal cause WAS
allowed " be STAYED on pnt by on the ground thai
cv whether older or later should be heard first
such has been the unyera practice OF this Court for
than threeqnarters Of century 1t the practice
the rule is TO give criminal eases the preference Your
administration OF criminal justice cannot afford 10 wait
II the accused party is guilty and the proceeding against
him legal the highest interests OF society require that No
should be punished without delay II he lawlessy pros
ecuted by tribunal that has jurisdiction or n he Is
suffering from the false judgment OF Court which hss
authority 10 try him. he must be Immediately relieved
Relief postponed is relief a all In case can any
court permit the sword OF public vengeance TO be DOUBT
fully suspended over the head of citizen for ndea'
mite time But there Is another reason which woud ln
duee you to take thus case up immediately even
at the foot OF the docket In the exercise OF your os
power you do not merely decide cases. you lay down
rules for the conduct OF others who may find thomses
in like condition. You never give a naked judgment
You accompany it with the reasons so that all mar
know how far they are within the principles you ssse
gard to those things which concern their temporal ss
yaon and in proportion as you perform that duty Wen
lessons most especially needed This not the only
large region OF country from the Potomac TO the Gulf OF
Mexico Military Commissions have become 80 much tss
fashion that they have almost entirely superseded courts
and juries They iniict AL manner OF punshmenn.
Three men are now held by them under sentence q
DEATH aud hundreds languishing under their orasr
In various kinds OF imprisonment Every onicer vas
is may be engaged in carrying out these procesea
s hSs sesp s% Sm Prom he
General Of the army down to the lowest JACK
should know when they hang whether their act q
homicide or eoT0f maTdsT Sa,y Ssy srs sn
he an to be assured OF by decision OF this
GSS TAs 70 sSDBS Sas to evils
cured Then II tssL sS pSt enjoy v the ,,s es,sas rsS
Of dsspcIism @ss @ which !. psrhsp. the next bes.
thing But II it sheuld DO finally. held t1a!
srsty s9sss nos to say 50 a, once Would my
brother, for any lmefe political consideration, er
az the sI SenS branded as criminals in the
II you do decide hereafter that their acts no proeo
and murder how will they feel toward those who pre-
vented decision In time 20 them from those crmes
II the blood suffered TO accumulate upon their heaa
two three years there will not be rain enons
In the sweet heavens to wash them white again Ins
question doubt. very clear one to Mr. Truns
bull and he can doubtless make u t" .s eiea
to tho COurt 10 is 20 him. We snploso
ID st least possible that he may be mistsxen
We know that the Constitution mskes court and JaJ
exclusive judges Of guilt or Innocence In every cruz
inai and We know Also that the Constitution
full force about year ago, for this Court then s1
in very plain and uumistakable language. But MI
Trumbu and other jurists suppose themselves 20 na
scovered act Of Congress passed since the decision
referred TO by which the Constitution fs repealed, or
least. they have learned that the american people hs
way lost the right Of trial by jury Now the pre-
sumption Is strong 10 bo seen that MI Trumbni
right and am wrong. II he comes with his sct
and the principles Of public liberty the odds viii "
sgainst me. Sti he cannot say that the point Is sos
itey frse from doubt when he remembers that the Az
orney General who stands officially at the head Of ns
profession and deserves 70 stsha ~ tnsse s,s 81. SsS
hea the conviction OF lawyer like Mr.. stanbery iscr
lie other wsV n Ii DO doubtful aud that ell ssk