New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-07-15

cepted and acted by Congress and the Executvewas
certainly calling his Honor for decree not only Of
judicial ntrepidty but OF readiness TO tread path
which 1t will be unnecessary for him TO tread No case
can be shown where his HOnors usrous predecessors
OF associates ever exercised such q power as
that now proposed from the foundation Of the
Government 10 the present hour The Attorney General
as TO the merits OF the petition would simply he
cognized IN the fullest degree that the Constitution OF the
United States extends all its boundaries and inhab
tants that there power in this Government 20 do
anything inconsistent with the Constitution or not In con-
formty to IT, and that this petition entitled what
protection, his right, which the Constitution
gives him. He then argued that when the great armies OF
Rebels surrendered the state OF Mississippi found
without government Of any kind, such the Constu
ton OF the United States requires ana makes IL the duty
Executive may proceed TO do in the discharge
OF their duty republican government in Mis-
slssipp must be done by Constitutional means In 1867
Congress passed the Reconstruction acts which they
declared as a for doing So that legal State
governments exist IN the South nor adequate protection
is afforded to the people; and 1t necessary that
peace and good order should be legally established in
said Rebel States they were divided into Military
districts. The proposition he submitted was this (:
that the act declares that the war was not
e to preserve peace. IA" All cvn government neS
was wiped out They found d in od the
fact and although his friend Mr Philips said that in all
the country the war is over yet the 1000 murders IN
Texas stimulated by vindctive rebelous hate must be
answer TO that assertion II Congress may enforce
the OF the Government and continue those States
in the grasp OF war after hosuites have been sup,
pressed fearing that the insurgents again RISE and
there being no protection might not Congress declare
the duty OF Congress To give rebeous States the bless
lugs OF peace ana security unuer law.
OF time IN which TO do SO are matters OF legislative au
thOrity AS TO the petitioner, there is civil govern
ment in Mississippi which punish him II he should be
proven guilty Of the crime for which he is arraigned The
eminent military After further argument he said the
best understanding OF the view he had given was con-
sseht with every opinion OF the supreme Court aud con-
sstent with every expression OF opinion OF the Chet
Justice. either as head or member of the court.
The ChefJustice interrupted the Attorney-General;
and said that in the Texas TO which reference had
been made, he indicated rather than expressed the
opinion that the power TO suppress anu se
carried but when hOsttes all restoration Is In
the Constitution, which guarantees republican govern
meut to each state That is civil, not military power
The AttOrneyGenera resuung, SAID that tine lnlltary
control continue until the State be safely turned
over TO the civil authority,
Mr. James NJ. Carlisle, Of counsel for petitioner, said
business here and the ChiefJusce had no business
here remarkng that IL his Honor should undertake 10
exercise the Jurisdiction asked and berae this petitioner
he would exhibit remarkable degree OF Judicial ntre'
sion within these halls He did not know what was meant
by ii. There something In his nature which made
him feel that 10 intended to convey the idea tha the
presiding officer 10 be called on in calm,
judicial spirit but in spirit OF disputatOn, in spirit
OF zeal and active earnestneSs inconsistent Win the lu
dcial character. He satisfied OF one thing that
neither such expressions at the bar or expressions else
where written, printed or spoken, would have one
feathers weight 10 turn the scale on this ques-
ton, which his Honor is holding with
steady hand. Mr. Carlisle then made y close
argument to show that the chef Justice
could grant the writ and he replied at some length 10 the
remarks Of the Attorney General and incidentally char
aCterzed the Reconstruction laws as unconstitutional
IL a strange way TO fit the people Tor republican
government by putting them under the heel OF military
authority
The argument continued for four hours and when II
ended Chief Justice Chase said he would notify counsel
as soon as he was ready TO give his opinion