Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1868-03-11

CaC ouUUIuludGlOu vi GuC JuuSAoHo VI 'uCH "
common sense, reason, and law-if these were
I the days when men holding power would not
forget right-we might ask those who are sus-
tainining the present course Of the Radicals, in
relation to the Southern States, and to Virgin
la, to read an extract from the speech of Mr..
David Dudley Field, in the McCardlc case, and
follow out in their own minds, in DETAIL the
results and conclusions which be suggests,
briefly:
Has there been legal government in this
Union during the war? Are the acts upon the
statute book legal---are they binding? Is 1T
not familiar principle, thatif verdict of
jury, in order to be valid must be verdict by
twelve men, it becomes good for nothing it one
member is added to the jury, making the YER
/ dict one of thirteen men During all this war,
up to the time when the reconstruction act was
in reconsideration, there were two Senators in the
Senate Chamber from the ancient State Of Vir-
GINA. But Virginia is declared now not to be
State in this Union, and of course never has
been since the war began, or since she seeded.
II so, you have had two members in the Senate
of the United States all the time who had no
right to be there. What is the effect of that
upon the legislation? Has anybody considered
tnaC Dy WnaC sOrC VI iegeluena!u, ASK, Is
it that Virginia, which had seats in Congress
up to 1866, is now declared not to be entitled
to any representation It had four members
in the lower House during the whole war, near
ly; this State of Virginia, which is now under
stood not to be State in the Union. Where,
under the Constitution, is there power to give
any man vote unless it is State? The
whole thing is revolutionary as it u.s. the power
being in State. Congress is recedng and
going back upon it's footsteps, and we are ar
guing upon this very case for constitutional,
regular governments. They are the revolution
lists; they are the people who are endeavoriDg
to destroy the national life. ="
Let US give one more extract from Mr..
Fields speech
'tThere yet remains another point, not in the
brief, nor do find it in any written paper, but
very much urged in the argument, and con-
stantly referred to in the public debate; and
that is NECESSITY! These governments in the
South, they say, are legal because they are ne
cessary. The usual phrase is, this nation has
right to live, and no other government has u
right to contest it; and whatever Congress de-
termines as necessary to this national life is
right itself, and therefore Congress and the
Executive, and this court, are to recognize it as
So What necessity do they speak Of? There
are open the Federal laws are executed; the
mails are run; the customs are collected. =
There is no interference with any commissioner
or officer of the United States anywhere in the
country. There is no necessity, therefore, OF a
Federal kind, Tor any assumption OF the gov
eminent Of Mississippi. What, then, is the
necessity? Why they say, they are unre-
pentant rebels That is the reason why the
government is there IF you are to wait until
you get repentant rebels-or should perhaps,
rather say, if you wait until you make rebels
repentant by fire and sword, you will have to
wait many generations. Of all the arguments
OF necessity, that is the most remarkable and
has the least force. we will not allow the
if we do, the government will fall into the hands
OF unrepentant rebels. Well, what is that to
you, if they obey the laws-t they submit to
your government? Do you wish to force them
to love you? Is that what you are aiming at
OF course, it should be the desire of all gov
ernments and the aim of all to make the people
love as we'll as obey; but to make that as an
argument for government established-a legal
governments an extraordinary one. We'll,
then they say we must Of necessity protect
the loyal men at the South, and, therefore, the
military government, which is the only one ad-
equate to the end, shall be kept up TO that,
I answer, first, the General of your armies the
person upon whom this extraordinary power
has been thrown certified himself, under oath,
J. think, that there was order throughout the
there not other means to do it? The Union
men Of the South, | have been told-and it is
part of a staple ,argument-are in the major
ity, and have ever been in the Majority IN the
South, and it is the minority that have driven
the people into secession. Is the Government
of the United States necessary to sustain the
majority against the minority? Well that is a
complete answer, then, to this objection. Nc
cessity for mas government is the staple reason
given by tyranny all the world over 1t was
the reason given by Philip the Second for gov
erning the Netherlands by the Duke of Alva
it is the reason given for the mlsgovernment of
Italy by Austria; it is the reason given for the
disagreement of Ireland by England.
Mr.. Bowden, one Of the delegates from Nor
folk, in the Virginia Convention, moved, the
other day, an amendment to the prescription
section Of the proposed State Constitution, ex-
Guiding notaries public. 1t was lost by the ap-
plication of the previous question; but, the
Norfolk Journal says, it shows the zeal of
Bowden to go beyond even Hine in disfran-
chising everybody, since he has attempted to
include in his prescription even those gentle
men whose profession is absolutely necessary
to carry on legal processes. This attempt is
easily accounted for He is determined to keep
all white men from voting that he can for his
political salvation depends upon the votes of
blacks alone"
The Cincinnati Commercial thinks that the