I say nothing
of the fact, as the Court never expressed its opinion in judgment. The
argument was had on the 2d, 3d, 4th, and 9th of March, 1868, and it
ought to have been decided in regular course of proceedings when it
was reached on the second subsequent consultation day, the 21st. The
Judges had all formed their conclusions, and no excuse was urged
that more time was wanted for examination. In the meantime an act was
quietly introduced into the House, and passed, repealing so much of
the law of February 5th, 1867, as authorized an appeal to the Supreme
Court from the judgment of the Circuit Court on writs of _habeas
corpus_, or the exercise of jurisdiction on appeals already taken. The
President vetoed the bill, but Congress passed it over his veto, and
it became a law on the 27th of the month.[3] Whilst it was pending in
Congress the attention of the Judges was called to it, and in
consultation on the 21st they postponed the decision of the case
until it should be disposed of. It was then that Mr. Justice
Grier wrote the following protest, which he afterwards read in Court:
IN RE }
MCARDLE.} PROTEST OF MR. JUSTICE GEIER.
This case was fully argued in the beginning of this month. It
is a case that involves the liberty and rights not only of the
appellant, but of millions of our fellow-citizens.
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