The New York Herald Newspaper, May 4, 1867, Page 10

10 ———— NEW YORK HERALD, SATURDAY, MAY 4, 1867—TRIPLE SHEET. So of the power to pass bankrupt laws. So of the | perform deeds from which, on the sober second though’ , | silenced all her laws, put down . her government, and ex- | you are deprived of your constit ational rights, but the THE GREAT INJUNC?/ 10N CASES. great commercial! question decided m Gibbons vs. Ogden, | they would shrink ae meater ‘and dtemay, We wor o | tended to them only SP op mee Nec] & to which you “now appeal gives So in the case of the United States Bank. That wasa | now suflering from one of these epidemics, Althow zh Attorney Generel wosld, Jal cewryarh pv Bgl} pH the final arbiter, no jurisdiction to maip- ~~ lt os pohtical question upon which two or three all the sacred rights which Ho at the foundation of pr .b- | had been present on swho meery mie your constitutional rights If, instead of questions turned; but the Court inquired into and'de- | lic liberty, for which Sydney perished and Hamp den | Whose arguments me og 0 oem friends of the const’ jution aud the Union, } ae OE cided upon the question of its ti . There | bled, and our patriot forefathers poured out their Flood | Were therefore worthy Ngee ‘San oe en aa the country knows you 7 gi to be, some of its worst The State of Mississippi in the | be wisneato atice 8 Genoral, | profosely in the war of the revolution were protec st by gy tng tae, Union.” Ie they worm mere | euamies, represoniing Eallt, despot: fos, were ais who, in commenting on the case of Orden vs. the Bank | the constitution, were the people to ul Con- to declare “that } gad lecide upon estiny Wa of the United States, had spoken of corpo- take them away and that this court wr pow. | much larger powers—the power ounce upon the P grpetuity of tution Sup’veme Court. ration, “Tho Court decided that iy was «public corpe. | Sriess to interfere, Because they were. Positive” richis? | they | were wok wihin tne territorial imate And the Union,” what’ gere"ina aie could be Dror Argument, ef Robert J. Walker in Favor of Obstructing the Reconstruction Act. &e. &e, &e, ‘The argument of the motion to dismiss the bills of complaint filed by the States of Georgia and Mississippi respectively against Secretary Stanton, General Grant and the military commanders of the respective districts, to restrain them from carrying into effect the Military Reconstruction laws, was continued to-day by Mr, ration, and that it was only the question of tarif At the time the duties pti d a Were not paid in rasb, but were be unconstitutional, to bring that question before the could not inquire; and thi ie frantic Sort Ret ae Wes sad thes little party made frantic of the Mesos hd act of 1789, which bring before thi tional as a fiscal | Ts the only remedy through the ballot box? Tix» elabo- Yams’ in’ the Pedvrabteh ista.of the South, who are now in great numbers advo- agent of the government, The Court affirmed arguments in and U0 at sete Peaceful remedy for of the federal government to Seaton sah Piecal eins the various State cor ealous cating the enforcement of this ew, % hig is i ae People within the lim! gy ef this great republic ? agency, and the Fight to preserve it from hostile State | show that our fathers well knew chat all | been emphatioally decided agate’ Dy oe trm, in | A8Mr. Walker's arr jement consumed three hours and legislation by the remedial right of injunction, So with | people were subject to epidemic m ovements P< prone ae Ber abaif, reaching til! , ‘Dear the close of the session, the There the Attorney General arising out of great convulsions, in which ther ¢ mignt do upon the game platform with the nollifiersot 1832-3. acts that in their cooler momenta they would ‘deeply re- the constitution iu’ mrted guar- antees to cuard against such an the when the popular mind is lashed portion ap the waves of the great ocean of civil #/ (rife are still throwing their tumultuous o7/ir shores. If id that Con bad no power to de- clare ‘war against & State, ‘cad thet the contest for the sappresion of the rebellion was waged in pursuance of the acts of Congress of 179) and 1807. It was not a war ong ale’ a'r tm ihe popular sense. war i) & war in opi . the constitutional sense of the leens only eros? when Court decided to » ear the Attorney General's conclud- ing argument on * gemday next. 72H TURF. bonds, res upon had no power Supreme Court. Her answer was tl tical posit: the people are not to decide such questiom s where are we | Comeress red war. Congress ‘ nom asrumed-—that the power to passa tari Dit wns a | to look. for the. will of the people? °¢” ongress in out |W declare, war again, a Suto, and the | Fa: Atom Course, Long Inland. Political question, into which the judicial tribunals | the servant and agent of ) people. 'F ihe constitution | exertion ee ee ee cater te © PYOSP’ ght ‘of @ trot as interesting as that of Thure- was merely the suppressi: Statutes. Phe term conquest aud conquered territory could only apply in cases where there was war in tho true international aod constitutional sense. In this case was the unanimous voice ¢ of all the States; and that was the will which sbould £o¥ orn. Oneof the objects of the constitution was to pr tect minorities of States and minorities of the peat je: tho majority day induce ¢ un increased attendance at the Fashion course Ye Merday. The stake-was of no great value; bat the entries for it were numerous, and although no of the twenty-fifth section gave the right to Court tho final decision of the highest The Southern be rights of conquesi folowed. Robert J, Walker. court of @ State in cases involving the constitutionatity | conld protect themselves—the p jwer of legisin- | none of ti ‘ great ex pit on Mr, WaLkan said that he never rose to address any | of the laws, treatieg ‘and ‘conatitution of the Gaited Hon was in, hele aod, Bic i ‘had “bean | Doone wer ne & conquered people, “Those of thom | sett ® ca speed wen expected yet aia me in case, deci at ene States had fad istonce. participated ns poittt ‘contest pre’ the visit tribunal with so deep a sense of the solemnity of the | the present term, pi rec was a politi- | act of Congress, although it cally, thecn reba) Biaten, ee rere stil iia, for It Conerase ae ors. —_ Of ‘the eightcon horses entered for tho purse only eccaston and of the momentous issues involved in the | cal Sethi en ts ft fe Hw.) espa BS treats them as though @ mot Staves of the if it could do neither 16 could not expel a State from the six }aade their appearance on the track, and but five controversy, The cause of the constitution of the Amertcan government, and of self-government through- out the world, was now on trial; he believed upon its first trial, and it was now to be decided for this country, for posterity and for all the world whether written con- stitutions are mere parchment scrolls—whother they are words writiem upon the sands, to be swept away by the first angry surge of popular passions which may rot! ever them--whether they can be evaded by tech- mieal issues on pleas of want of jurisdiction, ‘or whether they furnish that remedial procoss whioh wall enable the judicial tribunals to carry ‘them inte effect, It sa question whether it is practic- able to divide the government into three separate depart. ments, to be omnipotent, and whether by some power, claimed to be political, or some absence of authority on the part of the judicial tribunals, to inquire into the con- troversy, the constitution can be mainiained and vindi- cated. It was fer himse!f a source of profound regret that his learned colleague, Mr, Sharkey, #0 long the honored Chiei Justice of Mississippi, and who bad do- ‘Voted his life to the defence of the Union aud constitu- tion, who in the heart of the rebellion risked his life @ay by day ‘tm defence of these geeat principles, bad insisted upon his (Mr. Walker's) addressing the Court. ‘This case came up ona motion to dismiss, for want of Jurisdiction. Such a motion, if it can be entertained at all, can only be regarded in the nature of a generat @emurrer, not in this case, to the parties, but for want of power on the purt of the Court to inquire into the questions involved in the controversy. Such a question admitted all the facts stated iu the bill, and also admitted all the inferences fairly deducible from those 4avte in their strongest application to the case, and simply ‘insisted that, admitung these facts and these necessary inferences from them to be true, the Court , Cannot grant relief, It was said that this was a political question. There sould be no confusion of terms here, What is the difference between a political and a judicial or constitutional question, ween an ace of Congress 18 in controversy? There is no difference whatever, To say that the Court wiil mot mquire into this case because the act of Congress which it is called upon to examine involves an exercise uf political power, is to admit that Congress had power to pass the act, and tbat, therefore, it was ® constitutional case, ‘When the learned Attorney General addressed the Court fm opposition to the jurisdiction, wpon tuat ground, he still presented # constitutional question: —Had Congress the politival power to pase theract? Was tte discretion vested in them by the canstilution so. comprehensive that it was beyond the inguirine power at the judicial department? “That is ouly another form ot saying that it a constitutional law; because, if Congress baa ihe political power to pass it, the act is constitutional, What ‘were the political questions into-which courts could nog examine? Are they cases of iaws passed by Congress? Bextnning with the firsi case in Dallas, down to twe latest reported decisions of this term, ire’ challenged the Attorney General w yroduce a single case where, when @ law ef Congress “was presented to the country on the one side and the constituwen on the other, the Court did not coneider it its dutv to inquire ito the constitutiomality of the law. Political acta which the courts caunot inquwe into were ot a diter- ent description. When some time after the buttie of San Jacinto the President ackaowledced the tnaepen- dence of Texas, which was.un executive act, the Court dectared that that was a political power vested in the President; or, in other words, a constitutional power vested in the ° t; for neither Congress nor ihe President, under the name o{ political powers, possesses: any other than constitutioual powers. “It being @ political and therefore a constitat. onal power vested ia @ = President, the Court were preciuded from all inquiry into’ the propriety of that executive act. So also in the case of Luther va, Borden, from Riode Island. An attempt was made by insurrection to overthrow the charter of ment of Rnode island and iwauguraie a new popular government. iS was resized by the charter govern- ment, and roe! successfully, It was resiated in the Judicial orum, the courts sustaining the iegalty of the ebarter* government. It was successfully in arms and acknowledged by the President and aid given in its support. That tbe Court held, presenied a political quesiion between the 1wo \governinents which the judiciary could not mqur inte. ‘None of these cases were acie of Congress, and in nu- srous cases.:he Court haa upon the const'tu ity of such acts, If the rt bad anght to make the inquiry and to pronounce in favor of constitu- | tan officers, and an act of the Legislature of New Hamp- | government. Was that State constitution by | constitution, by what power and authority now could it Fasmon’ Cov: Friday, May &—Purse . Locally 0 a nw, it bad the same power to inquire and | shire undortook to change that oreantzaiion and tortake | an unsuccesetal rebellion? What destroyed itt” Tho | be disrogarded; and yet exch and evary one of ts pro- | nents tm harness, bert three in hee $100; mile the exercise of that exclusive power, under the Charter, | rebellion did ‘Decause it was not successful. The Ye nat 2 swept bay fe rn one 0.W. Dimmick entered b. m. Lizzie Warwick.1 2 1 1 from those who were entitled to exercise it by its provi- | secession did not destroy it, because that was wtb pete KJ ea ont od D. Mace 22 sions, and to vent it, in part, nother functionaries. Mr. | a mere nullity, It seemed positively clear, then, that | many » * i — cae cpt yd os W. Borst 3 Webster, in the’ case, made an unans argument | the State constitution and laws which pre-existed the bev pon nar a ‘doa Tat | B. Doble in favor of the power to the franchise, though | rebellion and were in conformity to the federal consti- 3 02 a Z ee — M. Roden the persons claiming the exercise of the power | tution, were in full force and just as binding after as tory, accepted their possession from the Spanish forces, carrying into executon an act which -he bad vewoed | had no money interest in the matter, and | before the rebellion. The people might have acted | and in 1796 organized and putin full operation there a the ground that it was unconstitutional. When | the court in its decision, im 4th sus- | under them, or, as they bad a right to do, they could } Territorial a. In 1802 Congress accepted @ | pire: heat... bill is presented to the President he is bound to inquire | tained h's doctrine; and in the decision in that case the | come together and reorganize a convention which would | quit claim Georgia to that hes tiag 6 but never sc- | Second heat Ante its constitutionality before be gives it his approval. | court held that the right to administer the franchise of a know! the title of Georgia to it. But in the great | piird heat. He ts then co-operating with the legisiative department i'n was foundeft on the same basis as the right cage of Floicher va, Peck, notwithstandiag the fact that | bourn heat of the government. If he deetines to sign tt and it is | of voting in public elections, and it was said tobo a pe Eero ite political power, bad decided in passed by a two-thirds majority of Congress, it is as | sacred richt, and will be protected by the courte. The 1798 that omen ot wT Lo Rive rpe: Snene i | much an act of Congress as if it had received the xanc- | main ground which ushered In the American revolution Spain, and apon the baets of that opinion had organi thom of the President. And it mecesrarily followed that | was the taking away of our charters, but even inthe | If the constitation of Mississippi was abro- | 8nd kept in operation for several years a. Territorial (From ‘under the obligation imposed upon bim by the constitu. | most arbitrary times they scarcely ventured to take | gated and to operate, at what moment of | government, against the of ia this Court | _ Stables comit tion to see that the laws are faithfully execuied. he is as | them away by legislative act; but dragged Massa. | time was it? Was it when the ordinance of secession | decided unanimously, with a single dissent of Kentucky, has much bound to execute that act as one which met his | chusetts and other colonies to contest the validity of | was framed? Did that act of aconventicle of insurgents, | Johnson a® to the point of junsdict! that im 1795 the | quarters for fullest approval. Why? Because the President pos- | their chart-rs on the question of forfeiture or non-for- | who had no legal nor constitutional power, abrogate the | whole territory north of the thirty- Pperailes bering seven. L. xan seseed no judicial power, nor did Congress, If Congress | feiture bo‘ore the judicial tribunals of England, where | lawfal constitution of Mississippi? Was it abrogated by | within the limiis of the State of Georgia, and that the | can breeders, will be here this week with ‘were w attempt io convert itself into a judicial body, | it was re: 8 judicial question. The right tovote | the insurrent movements? Did an unsuccessful war—a | United States ‘no title to it until Georgia ceded it in | five of a of a one Moore, and the two bouses should go inte commitice of the | in a priva’e corporation wasa sacred right, to be pro- } war to destroy the State constitation—a war to de- | 1802 As regards the nee eee ee with Sto |, Fanay (he ay, whole to inquire into the constitutionality of an | tected by the judicial tribanals, and the right to vote in constitution—a treasonable war | the Court derided rn ee that won both two year old’s stakes last fall) ect, its resolution on that subject ould be | a city, county orother o\her public corporation exercis- the ig te Mississippi below the thirty-tirst parallel was embraced | Bacon, and twe others, left New Orleans on the @ more nollity, because H} Possessed leg: vo power | ing vast political powers, was a sacred right which self-government | wxbin the Louisiana treaty, and that its inbabitante | steamer Roth on the 24th, and will be here ene ae and-not executive vor judicial power. So the President | the courts wour! protect; and vet was constitution and | were entitled to ali the rights and Sem Leovard, with Neilie Gwynne, Mollie Austin, aad haago rest to judge of the consututionaity ef an act | rivnt of an Ame ican citizen, secred secured by that «ea, many of ‘three others, was at gr ese alter it Deeame a law, that & judicial | tion—a right without which Ii de. | were infringed by — this ‘on the way with and jon. He has no diverewon except to exeoue the | nelf.zovernment a it. A not still im force, | It embraced not that portion of Mississipp: north | some others. his sei, ard That important fact gues to the very gist of the | article of the constitution was to be except so far as it was modified in 1865? It was | of the thirty-first parallel ee aes as way here. Colonel apatter, When the application is made for a mandamus clear that the in the exercise of their Protected by the compacts of 1787 and 1802, alno faot, so far ae tv compel ormance of an act er injunction to er, had a Yight to come together in 1866 to three lower counties upom the Gulf of at the rr vtrain the fe it depends on ones Lemire bane so oa erp t Te jp Oe tog pore oe, valid republican. Congress ze of Geor- np ay RE ive our peeerts aincey by Congres bes a> pepe ria, Gh r ;~, 4-1 (~4 = saber det than as ever beam. ameatiod aad coved upon for years ir Seabees aaa eee tne couiiation, wan eat ould sus in the zag y, tain provisions vo be incorporated Inte the State cones carte of the tn WARLEM LANE—PETITION OF OWNERS OF FAST HORSES. and demand. ite sdoption on penalty of being taxed a thas TO THE EDITOR OF THE HERALD. tac tights of stale for s yor? they mat cemtesatnes. | it wes’s the ‘State of | We the road men and owners of fine horses in thie forever. The question of ‘power does not bat ‘State in its | goodly city, claim your kimd offices in making public s depend upon the number of moathe or years within nn of ite laws, and | few facts in relation to the Harlem tane and McCombs’ — or ab oo pope. It Congress bad power 0 Sie pone RS ‘Dam road. As all are aware, it is the chosen resort of all the men who carry on lawful State governments there, Ubey may keep them im orament i He 4 the owners of wotters and road horses of an afternoon, every department, Even the Supreme Court | territorial papilage until centuries shall have and the only road there is any chance for a ‘‘speed’’ upon; them, and carries into effect the powers given yr tea bemnn Ty ht But the learned eo we claim that it should be Kept in good condition, The principle was mato the con- | Attorney that the danger is merely large cum hes been a one the acocousting afficers atitution by the unanimous act of ‘States; for | imaginary, for these events may never oocur—that Particalarly as we understand bl 7 or comes Sy appeal all the “tates admitted since the constitution was formed | the sword of Damocies is suspended over Propriated for that purpose. The reed hes not been te he of the the dc- | amented to it, and when this right constl | us, but the hair by which it is held may never break; fized this and afew and eidiag Gpon that acovent is ae by A i dl BL the party Seated tnt and who gare and disesetion are to be exersised, | the States, was he to be told that this power of each | commanders to destry State governments and tion was to watering; #0 aniess and ‘2 opart, im uch # case, will not iatertere, | State to decide who shall administer ite affairs may be | out of office the Governor and Judges, and preveat ‘we have been to cy neither by mandamas for iajenction; bat whee the spe over yy a ot Me pty Ay 45 election of anew State Legislature, and to try men not by C4 Last summer this road officer hes no dweretion, as ip tbo of wa | the ihe court to Ts not @ State | juries under the constitation, bat under military ‘and we te ry ‘in twa enue pisses 'e et oe A Ee ta goth a soon towacoanh oF Dot a ry “Ch conan, and thas from, which we derive our jar: Sri, What are ome rekt end wow ar they 3g Set wilt be carried into effect, In. the wea oo tke heautivel treeters “Breda, tat oe oi it gem, | Belorerion, and Wy whom Sr ther. to Sees of he book, Iie becaume the ‘compuinant is throa- = have a place St to extend inezeolves pestormance 3 when ari ‘upcoastitational con. ‘with the performasce of an “Tajenction o restrata he see by law, besness, | stitution makes an erprese to the ee | Seen tory roumoa taat 2 coat im advance of | deprived of all their rights under tne =. ALL TRE ROAD MEN, fu euch cages, the law moans but it make | te the poeple of rights not granted. Are there the execution of ihe law, because 1s would Be tee inte CAS eee HE ear daly of the officer to obey it, imstames, | 20 reserved ia @ State ase State? Is not the acta wefe accomplished and these officers were ten united in the the President and those acting in to bis em | right of State, acting in its corporate | el disbanded. The bill of compiaint im this case after they ae PRIZE FIGHT AT deve, have mo dwcretion but to @t law; | capacity in ite state constitation and | forth that we are not only in danger of the execution of the One — but ff the law be wi thers | tawsdistioctiy to declare who shall exercise | those laws, but that we are threatened with it directly Cer, mo power to vindicate the comesitution? Must | th clective franchise? And yet act of Congress the President, verbally and by official that Mt be disobeyed and trenied ax & dead letter? | hevetu-question entirely eabverted Lay tye land of War and. the ‘General in No. The constivution provides tor exact contin- | sbis It wae an act without a paralic! mand have ismed orders to carry it into gency by dec.artng that the (ederal | shal have by ney my Sr and that it certainly will ce carved ime Cogmieance in all awses areing under the const! and disloyal, of races and ‘vesting an! ‘Ghiees this Court intervenes, That is the case in Jaws and treaties of the Unived tases, amd by power ina miMtary satrap, substitu the gtimmer. Soieh © cues of qqehy taertires to sdvaace i prevent . but they are ‘Tee im feversed | franchise, TD ey ogy Ag ita the Hnerty Ot the prose’ they nen acecinn tea (he Presidems and bis | four millions of by the State constitu. | Governors or individuats express certain uhey hich is deemed | tions and of thousanas by classification | will be tursed out of office and panished. have ives te citizens | who are Oe Sar al cele cot eeeree jesned orders disbanding some of the courts and threat by the constt- | The broadest bill of or of pond gyms ening to disband them all in a certain contingency. 4 anal which is | ever it ook away other to the bare, Sana Be cowwe Penal code im aeveral af decision om that point. | states as ‘The constitatien provided that no man ‘of this Union; they have made that a anime Court was the | should be tried except in the State bie offence | which was mot @ crime before, by mere milk premaniing thomeel’ es was commnted._ 18, prebibited, Cengrere tary edicts; and not only that, but they have mae Se. mode of punishment ordained by pews a tn entirely ehowrent pentanenees teary, mulary ccdent Canlay, 0 ight lee fromm’ This was said to be 8 political question and to invoive the State lawn Oo ee as. eb resale, ent of im one sense, imaginary dangers; ond that ine evils we. apprehend becases act ok Com ss cecur. If but one short year ago any man the jast imag even imagined that such an act as this en. a. EFearomgion Union, has the ever hast acted by Congress, that martial! law, to the exclusion of fated, where gestion wen Prevented, to compare at at Inw and eouettetional law, could be insagurstod mounced ite judgment @ emions madness which i now over inte any question wat more political than another, it was country, be would have been ‘almost oo one arising under # treaty, becavse it invoived our rele 14 for an asylum which pernape ought not to be men- arrest, but whem shite mil. (ions with for ign Puwers; but the Court bad entertained peopl a tioned in this court it bas ‘faaid that these By AY joriediction im many’. cases under tye é to the ic Wil of @ military commander. Hii was | States are mere Conquered provinces; that the war was constitations sud governments wet over. to the embargo, a qvestion which conva ¢ | {uil of examples, not only of physical epidemies but of | in the sature of @foreirn war, and that the people of the ‘and this poopie reduced to m* tary bow you Tnion, and upon whit & poriom Of the coun. | moral epidemics, when for a short of time vast | Southern states eand in precively the same attiinde as | will nay to the Ataten, we cannot Help you: there Is no try way almow ready @ Go lato imgurrection. | bodies of poopie wore infecied as if with madnoms to | the people of Mext~o M we conquered Mexico, | remodr for rou; sueng are great evils; wo see pinialy erciged jurisdiction, 8 political question applicable to the rebellion; and yet Juriadiction of tie court, The dessenting opinion in the It requires them to ing / ort certain clauses 1D State constitations granting / and guaranteeing the right of suffrage toa portion of */ their imtavetants, aud it commands them to give their # :sent to certain amend- ments of the Constitution of / the Dnited states Can Congress frame a constitatiom/ for a State? Can Con- gress insert any provision '/ n a State constitution? Has Congress a right to dicts to the people of a State who shall be entitled to tho "/ ight of su Pier Male constitution? Although i / some respects the act lo7is- Union, 1t was said in the Milligan case that during war, the laws of war prevail, and during peace the laws of peace prevail, and that all the consequenos of war disappoar where thore.is peaco, Is there not peace now? Has Congress vonuared to declare that there is war, for- ign or civil, existing? Has it attempted to prechide judicial inquiry into that great fact by asserting that tho reb:llion ig still progressing? Not acall. It sunmply says that there is no jaw! government in these States be- star’@el in the race, the sixth one, Black Bess, having bee a withdrawn, afew. minutes before scoring com- mémeed, Three of the tive remaining on the ground Waght also have been withdrawn without detriment to ‘de interest of the race; for it was very evident after ‘the commencemont of the nontest that they had been evermatched and stood no chance of becoming win- The test oxth cases also presented both the majority and minority opinions admitted the Mitligon caso admitted that martial law con!d not be proclaimed in time of peace and held that the conrt could inquire whether peace existed or not. Do Con- gress In the act before the Court venture to dectare that Tovellion now exists. In one of their latest acts they ; tates ir peopie are a conquered people, and the aro! sal te speak of “tho States Iately in rebeltion.’” In the so- | lating for these States, a8/ 4f they are not SI it ven | cause the! , or i follow asa/| BCP jo ef them, Lady Kendall and Lady ‘led Reconstructions he cor tional | admits them to be States, Because it forbids the admission | Tiguts of Congress, inc! juding coniiscatrn, } ce thisnomer, "robol” Mate a0 1 e% Gane gi be of their representatives / yntit tho Jast constitutional | nec?s#ary consequence. Oongress, not having asserted’ | Allen, were withdrawn after the second heat, that the rebellion stil! exists, the facts of the case must be lovked into, Tue President, under the authority given him by the acts of 1795 and, 1867, and by laws passed during the rebéilion, has dectared that peace pre- vails throughout the Union, That eiiicial document, proclaimed by the President, the Commander-in-Chief of the Army aad Navy, must be regarded by the Court. For two yours there had not beea a solitary act of war, ora threat of war, threughout the Union, The armies while the trot was contested throughout by Luzzie Warwick, Rapid and the gra gelding. It became very apparent after the horses had gone. «few innaead yards in the first heat and commenced exhibiting their powers that the race lay between Lizzie Warwick and the eray gelding. Tho gray sold bighest in the pool and was the favorite before the start, whilo Lizzie Warwick was the second in consideration, Some persons, how. ever, protiting by the experience of the past, wij @ traitor and tried and convicted before the court, The xround on which ‘theso acts were passed was, pot that any rebellion existed, but becanse, as wasa'leved, there was no lawful government in these States adequate to the protection of life, liberty and property. Unon the same basis a similar law might be passed with regard to Maryland or Connecticut, and, indeod, every State of the Union. This was a more assumption and in violation of established facts. Bnt amendment is ratified | by a constitutional majority. If they wero not States‘ here were'but twenty-six States when the act was passe}, and more than three-fourths of these twenty-six Sta’ es had ratified the constitutional amendment id vet! songrers admitted that the anend- ment had not been r@ ified by the constitutional number of States requisite fo: that parpose, and required these States to ratify it before ther readmission in'o the Union, and exclude 4 thom until it should have received it the Union have been dis- the Attorney G 2 that the | the ratification of 7 , tufficiont mimber of States to give i¢ { arrayed inst took the field against any named horse, the result justi- court could not take Juriadiotiog of Yots case t because no | efficioncy, Buti?) was said that there had been agreat | banded, tho banner of the Union flonis | Pn ner calculation that where several pee ~~ tite to land and no ‘money question was involved, In | reboilion in these states by which the regular operation | again 1D, asape over anecy Be, bing is 7 entered in a race tho ‘favorite is not always the winner, response to this attention was called to the fact that the | of the lawsand! he lar Stave authorities bad besa | Svsolute, unanimous submission Lg | The gray gelding exhilnted considerable spoed at intere each State bave reorganized Siate goverumeuis in obe- dience to the constiuition. They ave elected representa- uves to beth houses of Congress. There is not even a pretence for declaring the proclamations of the Presiaent Ww havo been nullities, or that there is now, or has ben for two years, in aay of tho States of the Uviou. There is peace, there ie profound peace, there ia more absolute suspended, Tr@ 9; but what then? If the ordinances of se- -enssion and the ; constitutions framed during the rebellion were nullities | they stilt romained States of the Union. Then, what. ¥ sas the consequence when the insurgent power waar omoved? If a British army had seized and ‘held Loute? ana for years, suspended all the operations of bill referred to the ordinance of 1787, the compact with Goorgia of 1802, the original constitutton of Missrssippi of 1817, and the act ‘of admission under which vast Brants of public tand were made to that State—wnd it was secured a perpetwal right as a State, not as a territory or province—to have @ per cent of the vals throughout the race, but hie breaks are of sucha character asto greatly mar his chances of winning when closoly pressed by a competitor as speedy, or nearly #0, a8 himsoif.. Lizzie Warwick, the winner of. the parse, trotted remarkably well throughout, and wen the race as much by her steadiness as by her vigorous vert me was also granted school selections in every townshtp and | Loulsranr. thereby cease to bea State, or could tho people | was founded. We > hut the ‘still iors | Speedy as he must vitimatery becom, proved himself a o whiskey insurrections; we formidable Oimsted war, which raged in Penosylvapia from 1803 to 1809—not @ rebellion of smal! bodies of men or counties, but a State rebellion, as far as @ Statecan febel, headed by the Governor and the Legisiature of the State, I believe by a jimous vote, in which the State on tha rf:moval of the hostile force come together and again “pait the State in operation? What was the differ- ence between the same results produced by a foreign ip- vasioa or a domestic insurrection? The insurrection prevwatled for a while; it had no lawful reconstructional | power; the secession ordinances were mere nullities, the lands for the seat of government. That, however, was n iding. The following are the details narrow view of the question, The mere scttloment of matters involving land or money was not the reason which indnced the framers of the constitution to ive this court original jurisdiction in all cases where a Stato should be a party. That juriadtetion was grantet to secitre very promising of the race:— First Heat,—After a great deni of time spent in scoring, the horses were started as equally 28 possibic, althoug from their number some were necossarily not quite on a Hine with the rest, the gray gelding being on the inside troops were marshalled to enforces a State decree acainst 2 peace and harmony —peace abroad, bermony between |. provended Sisto | functionaries | SuriDE, cue they | a Jadiaal decree ot tho courts ot the Uuioa, and which | #048 couple of lengths behind when the word was given simnet of land or aaum af teoney Savas toallthegreat | Wad not taken the requisite’ oath to up- | Wirealened direct collision. That was the very rebellion | fonrih, with R-pid om the outside. The gray imme: questions witich involve the conatitutionality of laws of | port the federal constitution, and were en- hich Jed to the passage of. the act of 1807. That great | Ginroy anshed for the lead, took it, and went off at @ gaged in atreasonable rebellion. When the opposing and good man who was then at the head of the nation, 6 insurrection was sup- | Who wasa great philanthropist, who loved the whoie obetanle was Femoved. ant Were tere no people of a | human Tact, and. who. liko all” great mien, committed Rtate that could reorganize the goverament? A case | some errors, but like most great men (as one of the decided in 2 Gallison, as tothe Isle of Castine, putting | greatest said of Lord Mansfiold) was great enough to tn force the doctrine of past limine, is precisely in point, | acknowledge them. | He recalled by nis acts during that During the war of 1812 Castine was held for years by the | period every word that be had said bevore in favor of the British, and not a vestige of Stato or Federal authority | supposed right of a State to nullify or secede. Jefferson existed’ there: but when the war ended what was its | found (hat under the act of 1795, which merely author. condition ? Did it require the insertion of a single word | ized the calling out of the militia to execute the laws of in the treaty to restore the federal and State power | the Usion and to suppress insurrection, the militia were there? Not at ali; bat it came back by tho | against him, and he sent a messago to Congro:s request- doctrine of part Limine, which is distinctly ‘recog. | ing the passage of the act of 1807, which for the first hired as a. part of’ tho municipal law and | timo, in addition to the militia, authorized the use of the international law: and the moment the opposing | the army and mavy of the United States, and it was forcn was removed Castine was again a part of the State | througi that instrumentality and by a contrivance of Congress, the construction of the constitution, or the interpretation of treaties. If the States did not create this tribooal as the ultimate arbiter of such questions, it was created in vain, and ‘the States wero left without remedy, and there was never a more powerful argument in favor ‘of secession and revolution. A great argument against secession had always been that the constitution had crested an wurpire'to interpret all the reserved rights of the “tates and prenonnce judgment for or against them. When the people of the sevcral States formed and ratified the constitution thoy reserved certam priviloges anti richts to themsolves and granted certain powers to the general Serene Among the rights reserved to each State the right ta come into this court and ask its Aecision, the ultimate arbirer in all cases involving the construc- gait so rapid that, unable io maintain it, he soon broke, and was passed by Lady Kendall, who was closo behind, The Lady made a determined effort for ‘ha heat, and kept leading enti! between the quarter and the half-mile poles, when the gray, who had beer passed successively by all the others, raitied, and axain resumed his position as the leading horse. Ho, however, soon broke up again, and lost several longths, during which Lizzie Warwiok assumed the lead, and made a vigorous effort for the heat, The gray made another raily on the backstretch, but could not overtake the mare, who camo home & winner of the heat in 2:37%{, the gray second, Lady Kendall third, Rapid fourth, Lady Allen fifth, Seomd Heat —After a tew abortive attempts a suceess- fal start was made, with Lizzie Warwick on the inside, leading of rapidly, closely followed by the sray, who shalling Sheriff that a collision was prevented tion of the cohstietion, laws anit treaties of the United | of Maine, and tho laws of Maive and the laws of the | the mars r rising vigoeeinstabiter hevieaLs wiieas etiene tre Statex, The doctrine. was eactioned by the Whecting | Union rexomed their fall operation there. |“ Sowith those | Altnouch that great Stale then committed that fullf, | troments’ struggle, bo succeeded in taking” ‘The otNers States. all theee acts being obsolete nullities, the page- ant cated the Confederate government being renroved, the secession conventions, which were assemblages of traitors and insargente, without the least icle of logal or constitutional authority, with no legal rij disband the old State governments or withdraw.the State from the Union or suspend the operation of the State or federal laws, having ceased to exist when the opposing force was removed, by the doctrine of post limine and the law of common sense and common juatice, did not the people of the State, and especially the loyal people of the battalions from Mississippi, who shed their blood in defence of the constitution and the Union, and the thousands from Virginia, Louisiana and other States, who, marshalled ui the Stars and Stripes, become vested again with ail the attributes of the State? Were such people disfranchised with all the rest; deprived of all legal and constitutional rights; re- daced to territorial pupilace and military sondage; de- prived of the right of suffrage, of trial by jury and of an ‘constitu! Bridge case, althowgh the-Attorney General had referred to fhe case as showing that the f:risdiction was sustained bacanso of the proprietory interest of Penn- svivan a io certain canals and railroads It was true ‘thn’ allecation was made, but ft was only because of a ‘echnical pomt; but that decision sustained the doctrine that when a State came into Uhis court as a suitor she had the rights, as all individuals would have, to re- medial process, The case of the controversy between the Statos of Rhode Island and Massachnsetts was per- fectly derisive on the question of jurisdiction, That case did not involve the title toan acre of land, nor a doliar of meney, nor did the constitution sey a word abont boundary in giving jurisdiction over cases bo- tween States, That was acase of disputed sovercignty and jurisdiction over five ‘thousand people, and the court entertrined jurisdiction and pronounced defi- nite judement; and decision in Woolsey ve. Dodge (i$th Howard), which ought to be bound with the constitution, reviewed the whole followed sevorai lengths in the rear, waiting for some mishap to-bofall the Jeaters, without which they enter- tained no hopes of winning the heat, With the excep- tion of a break of sligtt duration, the gray trotied ‘steadily all the way around tbe backstretch, 80 closely followed by the mare as to involve the resuit mM doubt, until they reached the homestretch, whea Lizzie, after making a desperate effort for the lead, broke, and the gray came to 2 stand an easy winner, in 2:34°y, Lizzie rarwiek secon ly Ken: ird, Lady Allen fourth aod Rapid fifth. te Third Heat.—Lady Alen and Lady Kendall: havin; been withdrawn after the termination of the second heat, the contest now lay between Lizzie Warwick, the gray goldinz, and Rapid, There was very little delay in ‘starting, aod they got off after a few etal with Rapid on the lead, Lizzio second and the gray following closely behind. He immediately made a dash forthe lead and passed Rapid and Lizzie before they reached the quarter, and went steadily onward until midway tuous and patriotic deeds. But the Legisiature of Pennsylvania then took substantially the samo ground, in some respects, that south Curolina has since done, and declared that tuia trionual could not be trasted with the decision of theso vat political ques. Ler sister Staces, by ax amen composed of rep great judicia! questions «roiving political consequeuces should bo roverred. Virginia, acting in obedience to the known views of Jolferson and Madison, passed resota- tiona, in 1820. ) portion to the resolutious of Penn syivania, ago: sy maendiment of the constitation and declaring that the Supreme 10 arbiter of ail constitutional questions, whether they involved political juences oF not, and tat no tribunal so safe as that could be or- ized in this government, and every State except onsyivania went with Vi on that occasion. subject, and showed conclusively that this the guarantecs of the ition—were vere Tne bill of complaint in this case was fied by the State | beiweon, the quarter aod half mile le, when, el + court was the uitimate arbiter in all cases arising under | no people left when the opposing legal treason. | of Mi i to vindicate her righie under the constitur | nouiy prossed by the mare, he broke . lost tha United States constitution, laws or treaties. In the | able power was removed, wno, without any aid | tion. In addition to ber rights under the constitution length, and. Lizzie took the ‘iead, Rapid “three or four shé came mto the Union under a compact between the United States and Georgia, which compact affirmed and extended to Mississippi all the privileges of the ordi- nance of 1787, securing to her forever the night of trial by jury and all tae othor great rghts guaranieed in the constitution, and making to her certain grants of public lands of great value. This arrangement was decial to be a fundamental law, and a compact unalterable without the consent of both par- ties, The Court has again and again ized the binding force of the ordinance of 1787 not merely as a law, from Congress or the President could exercise the sov- ereignty of the State? Governments are not sovere' law makers are not soveretga—the sovereignty is vest in the people, Sovereignty is the power that makes governments. Did not the constituting the sovercignty of the State of Louisiana, except where it should come in conflict with the federal constitution, revert, by the more operation of the doctrine of pos limine, to their original rights, which had barely been anspended, and not And were they not authorized, without the intervention of ‘ ongress or the case of corporations -and franchises a court of equity tatertored to protect the franchis» itself, to prevent the participation of persons who, ander the charter, were got entitled to participate in the government of the cor. poration. [id not this power apply to public as well as to private corporations? It was employed in the case of Osborne -v«. a great public corporation, the Bank of the United states, and has been applied tm the case of ", coanty corporations and other public corporations, admitted in the decisions to be exercising 8 portion of political power, to be legisiating to tax the tempt for the heat on the homestretch as to break into arun without being ableto overtake the mare, won the heat handsomely in 2:343g, the gray second, Rapid third. Fourth Heat.—Lizzie and the gray came up well to- gether for tho word, witu Rapid two oF three Songthe im @ lead. Tho gray went off rapidiy at the word, passed the black horse, aud kept steadily onward untH he had f but as a fundamental compact between the government citizen or to take his property from him by public Foie pater Ame Se cmvatien? hinebaoet ant Of the United Blates and the people of all the = ‘ad. | Passed the quarter pole, when be made a break and Lizzie condemnation under the right of eminent domain. to ef This por the incorporal mitted to the Union under that compact. The compact was of itself a conclusive arguinent against the pretend- ed right of secession. If it was a binding compgct having all the force and pewer of a treaty under the took the lead. She kept steadi! with the inef- fectually attempting to close mits all the wh i $a reach each one of these ten had a State con- stitution recognized as republican and valid when tho rebellion broke ont, and each had State laws when validity wes recognized by all the departments of this m6, ed the stand a Winner of the heat and race in The following is a summary of the race:—~ 7 STANTON ST., NEAR THE BOWERY—A MUMBER of well recommended German girls, Mra, Lowe's Ver ~ the conpertpiers mast FP ea ae in ul 8 fo! It 18 supposed the boxes cont g the piisan see Hadha4 oreoned Revenve Sezure.—About three o'clock yesterday afl ternoon L. P, Hulburd, an officer of the Internal Reve nue Department, made a seizure of two tracks and twt_ cart loads of whiskey, which ore plaged in front ¢ Gordon, Fellows & McMillen’s dit No. 67 Ni street. The officer was assisted by three officers of First preciuct police, Tar Express Pack ace Doge Acatx.—About nine o'clock. yesterday morning a young man who represented him- elf to be a messenger of the Merchants’ Union Express Company, called at the residence of Mr. Chas, Denny, No. 140 President street, Brooklyn, and nted an: envelope put to contain a di for $1,900 from: Chas, Barker of Baltimore, in favor ef Mr. Denny, The envelope was received and the freight charges, $6 Paid to the man, Of course the swindle was di when the rogue had made good his escape, itis that some one of these express swindiers is not y Baa by the police, Although day after day complaints are made of their doings at the central , there has not as yet been an instance wherein one of the #1 has been overhauled. Lier Savive Apparatvs.—Another session of the gov~' ernment commission, charged with the investigation of life saving inventions, was held yesterday. After ex- amining several inventions, Dr. Doremus was introduced and delivered an interesting address on the important gubject of extinguishing fires at sea by means of car- bonic neid yas, which he said could be prepared . for use in such an emergency. Boarp or County Canvassens.—The Board of County; Canvassers met at eleven o'clock yesterday morning, and after completing the canvass in the Eighth, Ninth and Sixteenth wards, adjourned to eleven o'clock this morning, ’ Comprroxuer’s Orrice.—Comptroller Connolly has made the following appointments:—Roday S. Brassil as Clerk of Washington Market and Jeremiah H. Creed as: Clerk of Catharine Market, Founn Drowxgo.—The romains of an unknown man Were yesterday found floating in the Narrows and towed up to the city, Deceased was about thirty-five years of age, Stout built, with light hair and side whiskers. He wore blue pants and good wer but had on no coator vest. He had a sheath knife in a belt which was sccured around his waist. It is believed d was a German eaflor, The | Names spread rapidly, aud before the fremen could sab- due them the py! the stock was destroyed, amount- ing in value to about $800; insured*for $1,000 in the ol 1e oor, occupant, William Kammer, sbout $100; insured of the eroeory store occupied » portion of e tore for sleeping, but at the time of tho of ‘the fire he was not there. How the fire originated is at Present unknown, % AccrErts, &c.—Roger Lafferty, a laborer, residing at. ‘1% East Fifty-sixth street, while attempting to jump from car 65 of the Third avonue route, yesterday morn- ing, accidentally fell, when the car passed over his right foot, mangling it in adreadtul masner, He was con- vexed by ane.of the Nineteenth precinct police to Belle- vue 1. Fred. Friok. a carman, residing at 27 Cannon street, while driving throuch South sureet, . when in tho act of turning up Wall street, one of the wheels sud- denly switched off the track, throwing him to the MISCELLANEOUS, HEALTH BEVERAGE. HOFF’s MALT BXTRACT STIMULATES 80 LITTLE THAT THERE 18 NO UN- PLEASANT REACTION, T have been a sufferer for many years from NERVOUS - DYSPEPSIA end CHRONIC SORE THROAR uy nughter, Mrs. Stephenson. of No. 16 Buckingham street, Hartford—who is also an invalid—whom I persuaded to send for some of HOFF’S MALT EXTRACT, gave me three or four Deities, and I AM 80 MUCH PLEASED WITH ITS EFFECTS that I wish to give it a trial. I have tried so many things without benefit that I have be come quite discouraged, I FELT the MEED of some thing to strengthen me, but all kinds of ALE, POR- TER and WINE DISAGREE with ME; but Home Malt Extract is. just the THING I need; IT STIMULATES 80 LITTLE THAT THERE 18 NO UNPLBASANT RE. ACTION, AND DOES NOT TURN ACID UPON THE STOMACH. (Follows order.) ARs. B. L, CHAMPLIN, Beez, Cont, April 18, 1607, GOOD 10 A CONSUMPTIVE CONSTITUTION. J avail myself of the opportunity to state that Hoff's Malt Extract has dose a GREAT DEAL of good to my CON. SUMPTIVE CONSTITUTION. I shall be happy to RE- COMMEND it alway, F. 0, WEBER. PRICE $6 PER DOZEN, ORDERS PROMPTLY EXE- cUTED. HOPF'S MALT EXTRACT DEPOT, NO. 64 BROADWAY. aes Ae rcaeen he ‘INT.— a a X BEACHAN, Pre. Cotes TS Tet cured by or RACHA, 0 Ba CHEE LE SPR |