New-York tribune., 1868-03-04
TIE McARDLE CASE.

In the Supreme Court to-day, Mr.. jeremiah
g. Black concluded his argument against the constitu
tonality OF the Reconstruction acts Of Congress Mr.
Matt H. Carpenter FOR the Government, replied. lie
said that the importance OF this not oyercs
ourselves and children. He felt personally mcapa-
bic Of doing full justice 10 the snec but II did not strike
ton argued Il IS very clear that the whole sub
ject Of admitting States 10 the Union ana rcconsuetg
State Governments Is political IN It's naturr aud belongs
exclusively 20 the political power When Congress ana
the President agree IN sentiment anu action tlelr teef
mnati0n OF the question Is the setucm,ht on 10y he
political power OF the Government and ~ IS therefore
clear thar the political power has determined that thee
was no state Of MISSISSIPPI IN the Union a the close oi
the War. But IN case Congress aud The President dis
dlncrentp how shall be determined by tEis Court In
other words between Congress aud the President In
case OF disagreement, where does the political power
Tesidel This must lie settled by the Constitution,
sued In the light OF the circumstances which attended
The political power IS vested la Congress and the Pre-
sdcnt, and the exercise by those departments y pro-
Legislative Department was general ana sweeping,
namely Congress rrS s pass % a AVE ,hs Grssesshg
powers" Nor was this wonderful our people be
fore the Revolution were Ingl!ihmen. The patriots
that contest aud fashioned the Government OF the United
States deeply learned ~ The Constitutional history
successive struggles by which British subjects had
wrested political privileges from the monarchs OF the
keeping and practical exercise IN Parliament Jealousy
OF Executive power Is one OF the most prominent feat
as might be expected. Congress within the field
OF Federal powers Is OIuupOtcnt rs Parliament
in tho realm Of England. The subjects over
which the President has exclusive power and discretion,
are few, and clearly specified aud defined. He may
grant pardOns, may receive ambassadors from foreign
powers commission officers, and perform other acts so
purely executive in their nature TO call for 10 legsa
tive action But all the Discretionary powers Ol the Gov
ernmen are vested IN Congress Congoss Is IN an especial
the representative OF the people responsible by the
two years enuTcOfOce III the HOnse 10 constant popular
control Here il was thought power could be most
safely trusted. The Office of President with the lew
powers conferred upon IL, made the subject OF es-
pecia attack by It's enemies. When the Constitution was
before the people for their ratification, even the qualified
veto power assailed as kDgy prerogaVe over the
will aud wishes Of the people as expressed By their I'M
media representatives Ia Congress Yet tho COnsiitu
tOn In spite OF these objections, adopted and such
power conferred on the President ne Is undoubt-
edy TO WELD but what his pOWers lie cannot levy
war; nor levy taxes nor coin money, admit states.
His powers those enumerated IN the second article Of
the Constitution But there Is no clause OF that article
any other in the Constitution comforting upon him any
power 10 interfere with the States tho people OF the
States except execute the laws The power possessed
by the President 70 call out troops 10 suppress
an insurreetiOn in state Is conferred upon
him by act OF Congress, not by The
Constitution.
Mr. Carpenter, without concluding his argument, gave
way for an Adjournment OF the Court.