Lamoille newsdealer. [volume] (Hyde Park, Vt.) 1860-1877, 1868-02-12
THE ARGUMENTS IN THE MCARDLE

WAsmNaToS, Feb. 2, The argumer
in Tho Supreme Court on the motion
di9miss the appeuf.iu the McArdle cas-
forwant Of jurisdiction took place to day
Judge shaIkcy Of Mississippi oppose
the motion and argued in support of tn
jurisdiction. Of the Court. He said tn
statute of Feb. 6, 1867. was remedia
one, and should therefore receive liber
81 construction, and that the clause whicl
gave appeal from a district court to tn
circuit court, apd from a circuit court I
/ the supreme court, did not intend to con
fae the appeal to the supreme court t
'cases which merely commenced in dis
.tliet court, but to give appeal to case
which commenced originally in district
or eircuit court There was no reason fol
Congress to make distinction between TIVE
cases. She exception in the case of stat
ute 1867 as to persons charged with mill
tary osfensc was chalged against the party
A military gfepse, like every other of
tense. did nos apPly to the case, for nc
military OIepse was charged against the
party. A military ofFense, like every 9th,
er ofense, vas something to be asserted
by law It was matter of no conse-
quenco in this argument whether Mississ
ippi was State or not. Even assuming
it to be mere territory, it vas still under
the Constitution, and the people inhabit-
ing it were entitled to its protection to its
fullest extent,
Senator Irumbull supported the motion
to dismiss the appeal. The appellate jl-
risdicton Of the Court was conferred by
the constitution which declared that the
Supreme. Court shall have appellate jnris-
diction both as to law ana to fact, with
such exceptions, and under such regula-
tons as Congress shall make, In proof
Of this position he quoted authorities at
great lcugih, Nc Ardle was held. as his
petition showed, under color of authority
Of the United States, ana hence his case
was clearly within the act Of 1889, and
from .ho decision Of the Circuit Court
under that act no appeal lies. AS to the
act of 1867, it was passed to confer ad
litional jurisdiction and to relieve per.
sons deprived of their liberty under State
authority; but as McArdle was not so
leld it had on application to his case 1t
excluded from its provisions
)crsons in military custody charged with
my military oiFensc, and as McArdlc was
n such custody, under such charge, his
,a3o did not conc within tie act allowing
N appeal.
At the proper time, should this case
ycr come up for fnnl hearing, Mr. Trum-
)ull said be should undertake to show
hat this act is constitutional md binding
N all departments Of the Government
hat there has been great war in this
onntry, inanguratcd by its enemies for
he overthrow Of the onion and Cons!i,u. |
ion; that Congress has express authority
rom the Constitution to raise and support
rmies for the overthrow of the enemies
t the Constitution and Union, and 10
mploy such armies for that purpose till, |
a It's owa good time, it shall think prop.
r to call them back, which will not be til! |
be Union shah shall be restored 10 all
8 integrity and established upon foun.
atoms SO strong that all the hosts Of
eason cannot prevail against it; that to
eteimine when that period shall have
Irlvsd is u political question belonging
Congress alone to decide, and when de.
ded, It's decision is binding gu all de-
Of the Government IA
But without stopping on tho present
'casion to inquire whether this law is
OF unconstitutional it was
lough for his present purpose to show
lat the State Of Mississippi where Nc
rdle was arrested, was at the time under
ilitary control; that Gen. Old was, as
ppeals BY the record, in command of the
ilitary district embracing Mississppi
nd that McArdle was arrested ly him,
Jared with being p distuIbcr Of
&c public pease and wish melting in
lrrection, disorder and violence,
hich was clearly q military ofense.
I'D II 50, this court has no juris
leti0n in the case, because if gets its ju.
sdiesion' i at ALI by appeals under the
It Of Eebruacy 3. 1867, and that act OK.
Tessly exeepts from its operation persons
custody q the military authority,
larged with q military ofiense, This
'prt,i he remarked. did not sit here to cor
ct wrongs in the coutry. Thousands Of
irsons might be uujustly deprived of
'eir liberties or lives under unjust or in
lid laws ~ all portions Of the country,
I'd this court could afford no relief,except
particular cases where the law gives it :
J. 4. "a ~ tsN 1