Year: 1868

Stntes supreme Court In Behalf of the


WASHINGTON, March @ lsss


In the Supreme Court OF the United States to-day the
McArds case was argued upon Its merits Mr. g. Black
commenced the argument in behalf OF tho petitioner
who had been charged with and arrested for an alleged
violation OF the Reconstruction act thus causing dis
turbance Of the public peace disorder and violence and
with being guilty OF libel In the publication Of certain
articles In tho vicksburg Times calculated and intended
to impede the reconstruction Of tho Southern States
The case came up er pdrte on an appeal from the Cir
cult Court for the Southern district OF Mississippi


Mr. Black said that McArdo had been denounced by
certain public men for language which he admitted
coarse but not moro than other political writers
in the habit Of using. The presumption was that he
was innocent Of crime Nevertheless General Ord
caused him TO be arrested without warrant aud i'm
prisoned. and after having beed held in custody no
sent before a board OF officers, where he was
tried, but It was no moro trial than . stage play
compared with the events intended to be repre-
sented. II might be called q farce but for the
fact that the end might be to the petitioner
Q catastrophe sad calamity. Everything charged
His whole offence consisted In publishing certain articles
in his newspaper but curious to observe how
many aspects this was regarded In the rst place they
against the laws Of Mississippi: for the military officers
were not engaged IN vindicating the dignity Of that
Of the United States They denied the very exstsncs Of


State government In hisss ppi and the validity OF all
State laws It was alleged that the petitioner by his
publications committed q breach OF the peace There
was certainly nobody excepting those who had been
trained In the bureau Of military Justice who
would say he was guilty Of q breach OF the peace.
Such proceedings might sometimes tend to provoke
breah of the peace, and they did this occasion
General Ord committed lawiess act when he broke
into tho petitioners house and directed that he be
carried to prison. He had DO right to charge on his


fr. Blacksl client the crime perpetratad by General
The publications, 1t was said, were intended to inmi
date votes state election was going on which was
entirely BY the army which oy means oi
another away from them. The whole thing accom-
plished by naked terrorism, and when unarmed and
peaceabe man expressed his opposition to such pro-
ceedngs through hts own newspaper he was told he
should not 40 so and was ordered into custody Which
occusa or S aAre
reconstruction Congress desired that a.certan consttu


ton or form OF government should be adopted and sub
mttcd 10 the peopleor their decision, and II was sub
mitted TO portion only Of the people Of Mississippi.
The act OF Congress made show for the expression Of
appreciation or dsappr0baton McArdle was not among
those who In favor OF that constitution. THIS
said to be hndering roconstructlonthe commission OF
a crime which there was right TO punish.
the charges but he undertook to say that every spe
cincaon before the court put IN the form OF
indictment and presented BY grand jury any judicial
tribunal would It aside without argument debate.
No Judge who had clear comprehension Of his duty
would ask man 70 plead 70 tissue Of sbsurd,ios IKE
before a military board he would not have had the
slightest chance Of escape but would have been con-





pectatons Of those who order hem. II he had been
convicted Nobody could anticipate or conjec-
ea eo ounae. Sm BEEN
proof thcy could punish him without measure.
They had Just as good right to sentence him 10 the gal
blood Of this and to take his life to settle the qucs
tion between them he had several means in his power
to accomplish such purpose He could have gone TO his
cell and strangled him with his own hands sent
half dozen men 70 shoot him, or procured
the sentence OF a military commission to hang him.
All these things would unquestionaby DO consistent.
Daniel Webster said years ago that military commissions
atIy spoken They were like fapples OF gold 10 pic-
lures Of silver" He venurod TO that In nine
out Of ten military commissions committed ou,rascs on
justice and law Military men. genera. thing. know
nothing OF judicial duties The court far
better than himself how much time and .o. and trouble
Il took 10 mako Judge TO administer justice among
people In order TO protect their rights and enforce the
obligations Of individuals to hold the scales Of justice
IN tho right direction. II q most dif.
ncut task TO perform. The science In which
was matured Its administration required good moral
qualities. independence IN spirit and thought, with no
fear OF danger, with impar,ia'ty, absolutely blind TO
everything but the testimony and the law perseverance,
that tires and boundlesa knowledge Of men and
books; and these qualities were not merely needed in
rare large but for every days work n small
|, was surely most thing to suppose that any
person would prefer 10 trust IN officer Of the army
His habits and education unit him Tor judicial duty
His work hard blows No matter what the contro-
versy was he could whip his adversary, or II his ad





him all great political questions 10 be decided by
main force. II was the slave and tho other the
ton involved private rights It decided in the same
way by the wage Of battle. creed was
formerly established By the party who asserted !,
reparat were decided In the same way--one party
whipping tho other. The idea had madc its mark on
the military scienco OF tho day. We cal! great gun
a cannon, because 1t was substituted by the church.
and when party was whipped, never having any
thing Of defence In HE hands, he was subject to
hay
in the pory. Tho military men OF all ages enter
IA ned such opinions and there was no phrase in the
baton than the saying OF Napoleon, "Tha God IL on
the side OF the heaviest artillery, provided IL well
10 refer everything to the arbitration OF Nero strong
power had tho effect 10 put justice at defiance, TO deny
controversy by the force OF arms McArde claimed he
entitled to trial by jury the military commission
had sysn no @, for i, i The n, p'n ,
miticd 10 tho court that II rbuna OF this sori would
refuse. either on account OF ignorance or ndisposon,
to decide a question OF this kind and on this funda
mental point how could II decide on points more i'm
portants Let every man attend to the business for
which no is fitted Your Honor would no. take your
watch to blacksmith, and u Is nos likely he would
meme oe watch much By laying !, on the anvil and
pounding II with . sSdgshammor; % ..,, and would .is :
and liberty to a man who knows nothing
OF the principles on which they rest and who is too
ignorant give righteous decision Wherever In any
country there Is system for the administration OF JUS
,ce by the courts and uros everybody goes 10 them to
obtain H. IHO3e VINO organize speClai Vutsns
OF tho courts, and especially the military tribunals,
know whas tnsy made for and take to carry out
tho intention II 10 tor this reason that they have be-
como SO odous. The ''Star Chamber 10 by
word for everything base, cruol and oppres.
sive We track ecclesiastical courts through all
history by tho innocent blood they havo shed They
are every odous that every mans heart throbs
with Indignation whenever he hears OF thcm THIS In.
divdua IcArdle, Is trying to escape fugitive from
persecution. lie has fed here tor safety and ho has
laid hands the horns OF this altar and he asks for
Justice The broad question involved docs not partcu.
him, hui mn ~ yhu o
With tho jurisdiction OF the United States ana who IS
liable TO be similarly treated. When you
answer this question you viii! answer con.
stitutonal question, determine toe rights Of
ali tho people and shape their destnies
for all time 10 come This makes OF the greatest
cases which could come before tho court We do not
say that this will not be dcne, that the walls OF the
sanctuary will be thrown down. No people ever nc
kuowedged the existence OF such power AZ had boen
act up without becoming slaves Our great race never
submitted except in cases where they could not rosst
yrauny. But they subsequently rose and reasscrted
their rights and threw on tho shackles OF tyranny
For more than twenty generations this principle has
been bequeathed from bleeding sire 70 THIS right
hasa