Description

    Carpenter, Matt. H.: ARGUMENT OF MATT. H. CARPENTER IN THE SUPREME COURT OF THE UNITED STATES, MARCH 3 AND 4, 1868, IN THE MATTER OF EX PARTE WM. McCARDLE, APPELLANT, WITH EXTRACTS FROM THE BRIEF WHERE NECESSARY TO EXPLAIN THE ARGUMENT. REPORTED BY D.F. MURPHY. Washington: 1868. 83pp, original printed wrappers (light vertical fold), sewn. Very Good to Near Fine. 'Compliments of Matt H. Carpenter' written on front wrapper. McCardle was arrested for treason in 1867 by General Ord, commanding the military government of Mississippi. Seeking to defeat McCardle's challenge to his detention by military authority, Carpenter defends Congress's decision to suspend civil courts and habeas corpus in Mississippi, arguing that an insurrection continued to exist there despite formal cessation of hostilities. Failure of the courts to defer to this decision, he says, would breach the principle of separation of powers. A Douglas Democrat before the War, Carpenter was a Wisconsin man whose legal work in this case "helped to shape the Reconstruction policy of the North." FIRST EDITION.

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    Auction Dates
    Jan-Feb, 2015
    29th-5th Thursday-Thursday
    Internet/Mail Bids: 2
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