Ex parte McCardle

Tue, 02 Mar 1869 13:00:00 +0000

Location

Vicksburg Times Newspaper Vicksburg, MS

United States

32° 21' 9.5256" N, 90° 52' 40.3752" W

See map: Google Maps

Case Basics

Petitioner

Ex parte McCardle

Petitioner Type

Petitioner

Respondent Type

Respondent

Heard By

Chase Court (1867-1870)

Decided By

Chase Court (1867-1870)

Opinion

74 U.S. 506 (1869)

Argued

Tuesday, March 2, 1869

Decided

Monday, April 12, 1869

Facts of the Case

William McCardle was arrested by federal authorities in 1867 for writing and publishing a series of editorials in his Mississippi newspaper. The editorials were sharply critical of Reconstruction. McCardle sought a writ of habeas corpus on the ground that the Reconstruction Acts under which he was arrested were unconstitutional. McCardle appealed to the Supreme Court under an 1867 congressional statute that conferred jurisdiction on appeal to the High Court. After hearing arguments in the case, but prior to announcing a decision, the Congress withdrew its 1867 act conferring jurisdiction.

Question

May the Congress withdraw jurisdiction from the High Court after that jurisdiction has been given?

Conclusion

Decision: 8 votes for US Congress, 0 vote(s) against
Legal provision: Military Reconstruction Act

The Court, speaking through Chase, validated congressional withdrawal of the Court's jurisdiction. The basis for this repeal was the exceptions clause of Article III Section 2. But Chase pointedly reminded his readers that the 1868 statute repealing jurisdiction "does not affect the jurisdiction which was previously exercised."

Texas v. White

Fri, 05 Feb 1869 13:00:00 +0000

Location

Texas Legislature

1100 North Congress Avenue Austin TX 78701

Austin, TX 78701

United States

30° 16' 21.882" N, 97° 44' 28.0752" W

See map: Google Maps

Case Basics

Petitioner

Texas

Petitioner Type

Petitioner

Respondent

White

Respondent Type

Respondent

Heard By

Chase Court (1867-1870)

Decided By

Chase Court (1867-1870)

Opinion

74 U.S. 700 (1869)

Argued

Friday, February 5, 1869

Decided

Monday, April 12, 1869

Facts of the Case

In 1851, Congress authorized the transfer of $10 million worth of United States bonds to the state of Texas. The bonds were payable to the state or bearer and were to be redeemable in 1864. In 1862, during the war of rebellion, an insurgent Texas legislature authorized the use of the bonds to purchase war supplies. Four years later, the reconstruction government tried to reclaim the bonds.

Question

Was Texas a state in the union eligible to seek redress in the Supreme Court? Could Texas constitutionally reclaim the bonds?

Conclusion

In a 5-to-3 decision, the Court held that Texas did indeed have the right to bring suit and that individuals such as White had no claim to the bonds in question. The Court held that individual states could not unilaterally secede from the Union and that the acts of the insurgent Texas legislature--even if ratified by a majority of Texans--were "absolutely null." Even during the period of rebellion, however, the Court found that Texas continued to be a state.

Cases - 1868 term

Ex parte McCardle

Location

Texas v. White

Location