New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-05-04
RECONSTRUCTION.

i
May ., 1867.
81 TELEGRAPH THE TRIBUNE
WAsuINGToN May 3.--Tbe argument of the motion
IN dismiss the bills Of complaint filed by the States Of
Georgia aud Mississippi respectively, against Secretary
Stanton Gen. Grant, and the Military Commanders
Of the respective Districts, TO restrain them
from carrying into effect the Military Reconstruction
laws was con tnued to-day by Mr.. Robert j. Walker
Mr. Walker said that he rose to address any TIL
buna with deep of the solemnity OF the Occa
sion and of the momenous issues involved In the eonro
yersy What is the difference between political and
judicial OF constitutional question when an act Of Con
ercss is in controversy There is difference what
ever TO say that the court will not inquire into this
ease the act Of Congress which Is called upon
admit that Congress had power to pass the act and that
therefore, it was constitntiOnal case men u ne
opposition TO the jurisdiction, upon that gronnn una
he s Rrcsent 6tca S"MeT o pass the aei
He felt il proper to say WORD III Nhuisaloh o
large portion of the secession press OF the Sou Vr Ear
rying into execution act which he had vetoed upon
presented TO tho President he is bound to Inquire into It's
cOnstimtiOnay before he gives u MS approval. iels
then cooperating with the Legislative department OF the
Government III he declines to sign It, and IL IL passed
by twohlrds majority OF Congress u Is ar nue an act
When the President and his subordinates proceed to exc
cute law which is deemed to be Unconstitutional me
Constitution citizens and To the states IN the
cases provided for by the Constitution the right TO come
into that tribunal which Is made ,e % 10 Im,e
thar this Court was that arber and that proper
ties presenting themselves, it was bound TO decide
whether or not particular law constitutional, aud
10 furnish the remedial powers prescribed IN the COs
nxoIre pofiea results Every act OF Congress in one
sense, involves political questions. because every act OF
Congress operates upon 3GOO0OOO OF people as law
throughout the Union Bnt has the Court ever hesated
where the question presented 10 compare an ACT OF
Congress with the Constitution and decide between them
The right to vote IN private was an s1et Se
night 10 vote In city, county, other public corpora
ton exercising vast political powers, was sacred rbt
told that the same right of an American citizen sacred
10y the CONSTITUTION right without which liberty were
cured by The first article Of the Conslituiionwas he
FILTERED away not 10 be capable OF protection ny
vote for members OF Congress and Presidential electors
Of the great disputed ana dnicut lu suos pre-
tuition, and after much dcliberaon and great diversity
OF opinion, not BENG nDe 20 aRiTe m, "n3 o % rb
principle that each state should decide for itself who
shoud the right 10 vote for members OF The popular
branch state legislature and that whoever We're
thus permitted by the state Constitutions to yole lOr
should be the persons who should DC ntrused with the
power Of voting for members Of Congress ad Electors OF
mnistraton " this Government These are The men
who carry the Government through every department
even the supreme Court represents mem, end caires
into effect the powers given by them The principle was
incorporated into the Constitution 10y ,hs unanimous az.
Of States, for all the states admitted since me tons
tuition formed assented TO " and when this flght
constituted the very and being OF the STATES was
decide who shall administer ia affairs may
any power on the Part Of the Court ncrfc not
that state right, or are there not state fghls Ae
history extending martial law over lo0o"0 OF people,
loyal and dlsloya OF all races and COLOR vt,ng na
ing sword and the gitennS Dayonet Tor Tue ludchl
tribunals II ays me ak 10 te 1o. :" h Sr ,ons
millions OF people excluded by tho state constitutions,
anu I !, nner The s,te constitnfi"ns lie had
Travelled through Egypt Syria Turkey ~ Asa ana Inr
Roy Europe, and thousands Of nos through Russia
and there such despotisn IN Africa or Asia, or
Turkey Russia that which established by thee.
acts. They all had Courts ~ some description ana
allowed hearing and an opportunity OF defense IN"
sword not the only arbtcT but here an act ~ Con
gress swept ten states ont 0i existence ieiuced n 10
than Territorial bondage and subjected every one
of them, ten millions OF people 81 all age; seaSs'
N they were states, there Int 20 states whch
the passed and more than thfeclouls OF ''S
M states had ratified the Constitutional Amendment and
Vet Congress admitted that the amendment had not pee.
for that purpose and required these states to Fay
before their readmssion Into the Union and excluded
them until IL should have received the ratihcltlon OF
suflcient number OF states 10 give II efficiency Bnt
was said that there had been great rebellion IN these
states by which the regular operation OF the laws hhd
regular state authorities had been snspenIed ire
c"psffntons framed during the rebellion nullities
they still remained States Of the Union linen WHAT
Was the consequence when the insuigent power
was rcmovedi The pageant called the Confeder
ate Government being removed the Secession col con
ventions, which were assemblages OF traitors sna
insurgents without the least particle of legal or const
onal authority, with no legal light to disband me on
state Governments. OF withdraw the siaFe ii0lh th1
Union suspend the operation OF The state on lcdeh
Ia Dc
removed by the doctrine Of post Hie and The laws OF
common sense and common Justice, did not the people OF
ions from MIsssIpp Who she'd their boodin defense Of
the Constitution and the Union and The lhousdhds nom
Virginia. Louisiana and other states, who mnrshnie1
under the stars and stripes became nesltu agh VIII ~"
The Attributes OF the sht"i We're such Peoplf9
Legal and constitutional rights reduced 10 tcu1touA
pnplage and military b0ndagc-dcprived OF The HIGHT "I
suffrage OF trial by jury aud oi I'll the guarantees OF ir
Constitution. The question al constitutional power
does moi depend upon the number of months or years
1tfs1. Hn not In
power declare that these are not states nnd that
there are no lawful state Governments mere, lh'y my
keep them in territorial pupilaSc until eentufie, SHAH
have rolled away aud eternity grown gray WIN age;
But il has been said that these states mere conquered
provinccs-that the war Ia the nature OF foreign
war, aud that the people ~ the southern states iahd ~
precisely the attitude ~ the people Of McAco would
il conquered Mexico srnccd al her laws, put down
mem of ihr sword. The Attorney General would not
~ SHINE That position, Int h, been presented by those
Who ADVOCATED he law, ard vht>e aliE.,R hN4ptcg
presented 10 the people apd va. tlciripit worthy Of
notice This involved tht power So rxpti states from the
Union. ii they mere conquered foreign territory It
would involve much larger power. the power declare
that they not within the territorial limits at the
Republic This was The doctrine Of the Seccssionists OF
the SOUTH Who are now IN great numbers advocating the
enforcement Of this law. Tho doctrine had been
emphalicolly decided against by this CONT n the Ie
held that Congress had no power 70 declare war
against state and that the contest for the suppression
Of the Rebellion waged IN pursuance of the acts Of
Congress Of 1898 and 1907. IL was not a war
at all in the true constitutional sense oiihe term though
tutional sense OF the term only arose when Congress
against State and tho eNeron vi force against the
Rebels IA arms was merely the suppression Of rebellion;
under the statutes. The term conquest aud conqured
territory could only apply Ia cases where there was
in the true international and Constitutional
In this Of the rights Of conquest followed The
Southern people were not conquered people Those Of
them who participated In the rebellion were Eubducd in
surgents The states were SIN states. for II Congress
could not make war upon state could not conquer IT,
and If II could do neither II could not cxpel State
from the Union. II the present hill was filed
against the Government Of the United States TO re
strain it as a Government from executing by force the
laws In question, there might be analogy but it's
not bill to restrain subordinate officials careful de-
cson I'm RiarbuIy agt. Madison would show that such