New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-03-10
UNITED STATES SUPREME COURE
THE McCARDLE CAsE-CLOSE or THE
ARGUMENT.

ARGUMENT.
WASHINGTON, March Gin the Supreme
Court to-day Mr. David Dudley Field resumed his argt-
ment from Thursday. in the McCarde case. He had
attempted 10 show that the Constitution contains in eX
press or complied power which justified the United States
in assuming the Government Of Mississippi and he had
attempted demonstrate that the provision the Con
stitutlOn guaranteeing every State republican form
Of Government did not give Congress the power 20 say
what its institutions should be The trainers OF the Con
stitution intended only 10 guard the people against
monarchcal and aristocratc institutions not to force
them into the adoption OF principles which found no war
rant in the Constitution. But Congress had the
right to the Government Mississippi they had
no right to do it by military occupation Mr Field next
addressed himself To the Claim that the United STATES
having conquered the state coud impose upon inc PEG
pie the will OF the cOnquerOr He admitted that the laws
OF war justified the reduction Of yanquished people 10
slavery but under the influence Of christianity e usages
of war were materially softened The laws OF conquest
gave no claim 10 Congress to take into its hands
Congress could not exercise control by the military power
Mr. Field called the Courts attention 10 the artcu
government of Mississippi and argued that Mississippi
in fact and in law State OF the Union, ana that
neither the act Of Secession the act OF war took her
out Of the Union war stu existing as had been
asserted Mr. Field alluded to the fact that during the
war louisiana Virginia and Tennessee represented
In Congress. Andrew johnson remained IN the senate
two years after the war commenced until 1853 What
was not a state in the Union. The prOclama-
made declared that the insufrection was at
end, and that peace, order, tranquility and ciyl au
thOrlty prevailed throughout the whole United states OF
America Mr.. Field added that Congress had passed
bill making valid all the orders and prOclanatons OF me
President from to He then examined Inc pea
Of necessity, which he said, was resored 10 ny nls
all the world msgOyern the people IL lad Deen
asserted that Secession carried on by minority ana
that the majority had always been faithful This ad
mission MIR Field said was the close Of the argument
for II the majority. together with the col
Ored population, had been and were still faith
full. where the necessity for the mtervcn-
ton military authorities in the Southern states
said III conclusion when Judgment is pronounced in
this case il will be- IL should be the endcayOr
OF all good promote by counsel and example the
acquiescence Of tine other departments of the Govern
men As II is your right to decide in the last resort upon
all questions before you and tn give the final ncTpreta
ton Of the Constitution IL is the duty of all citizens to
accept and respect that Interpretation There Is no need
strain the authority OF the constitution, recent
constitutional amendment not only ab0ishes slavery and
makes freedom the rule but gives 10 Congress power 10
enforce the provisions. and see that tile freedom
OF every man, Of every race and condition, from
10 is maintained and enforced. II We
viii, protect every individual without
military government. II the boast OF an English
orator and statesman on memorable occasion, when
called by his King to convey message to his faithful
Commons respect to the expedition to Portugal
Wherever the standard Of England is planted, there
foreign dominion shall not come" We can. II We Will
firmly maintain the Constitution of fathers, and with
that amendment made 10 IT, we can express greater
boast, namely Wherever the standard OF America Is
planted, there be neither foreign dominion nor 10
nestle oppression"
Mr. c. T. Bolts Of California, counsel Tor appellant, Oh
tanned leave TO file brief the the arguments
having been concluded.