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THE MEAT INJUNCTION CASES.
The State of Mississippi in the Snpveme Court. Argument ef Robert J. Walker in Favor of Obtruding (lie Rreonstrnftion Art. &c. &c. &c. Thi argument of the motion to dHmla* the bills of complaint Bled by tbe states of Georgia and Mississippi respectively against (secretary Stanton, General Grant and tbe miliary commanders of tbe respective districts, to restrain them from carrying into effect tbe Military Reconstruction laws, was continued to-day by Mr. Robert J. Walker. Mr. Walsrr said that he never rose to address any tribunal with so deep a senso of tbe solemnity of the eccatikm and of tbe momentous issues involved in the controversy. The cause of tbe constitution of tbo American government, and of self-government through out tbe world, was now on trial; ho believed upon its ?rot trial, and it was now to be deoided for this country, for posterity and lor all tbe world whether writteu con stitutions are mere parchment scrolls?wbother they are words written upon the sands, to be swept away by tbe ?rst angry surge of popular passions which may roll over them?whether they can be evadod by tech nical Issues on pleas of want of jurisdiction, or whether they furntsh that remedial prices* which will enable the Judicial tribunals to carry them into effect. It ma question whether it is practic able to divide the government into three separate depart ments, to be omnipotent, and whether by some power, claimed to be political, or somo absence of authority on the part o; the judicial tribunals, to tuquire into the con troversy, tbo constitution can no main ained and vindi cated. It was fer himself a t-ourco ot profound regret that bis learned colleague, Mr. Sharkey, so long the honored Chief Justice of Mississippi, and who bad do voW bis life to tbe defonco of the Union aud constitu tion, who in the heart or the rebellion risked bis life ?ay by day in defence of these great principles, bad insisted upon his (Mr. Walker's) addressing the Court This case outno up on a motion to dismiss, for want oi Jurisdiction. Such a motion, if it can be ootsrtaiued at all, can only be p garded in the nature of a general demurrer, not in this ca>o, to the partlos, but fer want of-fower on the part of the Court to inquire into the que* ions involved in the controversy. Such a quo-tioc admitted all the facts stated iu the bill, and also admitted all the inferences lairly deduclble from tboso-fa- ia in their strongest apple ation to the case, and simply insisted that, admitting these facts and these necessary infer ncos from tbc.n to bo true, tbe Court . cann'd grant reliet. It vh said that this was a political quuetfjo. There should be 110 conlavion of terms here. What is tho dillerence botseeu a pulit-cal aud a judicial or ooostltutioual question, wiron an ant of Congress is in runt-nversv V Thare is no dillerence whatever. To nay that the Court will not inquire into Una ca-e because too net of Congress which it is .-ailed upon to examine involves an ex -rcise oi political power, Is to ndmit that Congress had power to puss the act, and that, therefore, it was a constitut onal caae. When the learned Attorney General addressed lite Cjurt in apportion to tbe jurisdiction, upon luat ground, be stilt presented a constitutional question:?Had Congress Ihe political power to pare the act ? Was tt.e discr-tion vested in mem by the cun-Huuum so comprehensive Unit 11 was beyond the iuq..irhi power 01 the judicial department ? ' 1 hat is oi4> anoilie* form ot (wring that It m a constitutional law; because, if Congress Oau be polu ral power to pass It. the a. t is vonatti uiiooal. What were tbe politico! questions into which courts could not examinef Are they caies ol ir.wspi-sod by Cougrcsir Beginning with (tie IPs. case in Dallas, down to toe la'est reported decision* of this term, iie challenged the Attorney General to produce a single cave where, when a law ef Congress was presented to the country on the one side and the constitution on the other, 1 be Court did not consider it lie dutv to Inquire Into the constitutionality ol the taw. Political acta which the courts cannot inquire into were 01 a diHbr ent <i. scripunu. When some time after tbe bottle of San JaciuUt tbe President ncinowleil.ed the Indepen dence of Teaas, which wa* un executive act, the Court declared that that was a political power vested in tbe President i or, iu otnar words, u constitutional power veah d in the Vr-sident; for neither Congress nor be Prrsidt'Oi, under the nanie oi -political powers, possesses any other than uin.l.tuiioual powers. it being ? political and therefor- a constitui onai power vested in the President, the Court were preriuded from all inquiry into1 the propriety <>f that executive act. So also in tbe case or Luther vs. Borden, from Rode I .land An attempt was made bv Insurrection to overthrow the charter of the govern ment of Rhode Island and inaugurate a new popular government. This was resisted by the charter govern ment, and reels'ed successfully. It a as resisted n the Judicial torum, the courts sustaining the legal-ty of the ebartrr* government. Ii was resisted snc.-ee.fuIIv |n arm aud acknowledged bv the President and aid given in H. support. That tbe Co .lt held, preaen ed a political qiiceiion between tbe iwo governmente which the judiciary mold not inqu r- into. ?one of these > aees were acis of Congress. and In nt D-rou. ciiees be Court had passed upon tbe conat'tu tienaitty of such acta. If the Court bad a r gbt to make the inquiry and to pronoonoa in flavor of the coustDu locality o a Uwji bad Uie -ame power to inquire and pronounce against the censtitut onalltv of a law, be cauee tbe question of Jurisdiction could not <te|iend upon tbe ultimate resnlta of the dual hearing. Here he felt it proper to sav a word in vindication ot the Preet 4eat. who bad been greatly euaeured, especially by a large portion of tbe .-ecoeetna prone of the -vnilh, fur carrying into execut on aa Oct which he had vetoed spun the ground that it wa. aacua-dttutionai. When O bill is presented to Die PreM.lem lie ta hound to Inquire tale it. cunmituiiooalitv before he men it hht approval. He la thea co-operating with u>o legislative deportment of the government. If he deeunea 10 sign it and It ie passed by a two-third, maloriiv of Congress, it la as mash an act of Congress aa if it had received tbe sanc Uoa of the President. And it aece-arily followed that nader the obligation imposed upoa him by tbe coastitu Uon to tee that tbe laws are laithfuiiy executed he is aa much bound to execute that act as one which met hia fullest approval. WhyT Because the Proatdent poa aaeeud no judicial power, nor did Congress. If Congress war* to attempt 10 convert Itself Into a judicial body, and the two houses should go into commit tee of Die whole to inqu.re into tbe conatituitoiMiiiy of an Us resoluDon on that ?ubj< ct would be ? seem nnllity, because it possessed legislative power - - gfcUJ I executiv. nor judicial power. Ho the Prwudent hssht o right 10 judge ol tbe coamitaskina-uy of an act of Afeegiesa alter it became a law, that Itoiag a judicial Haertiun. He haa no di-crewou except to execu.o 'he ?vci. ar d thai Important fan goes to the vary gist of Ihe 1 sailer When Die appiicatmu la made for a mandamus t-t compel the per.onu.iuco ot an ait or Injunction to n Wrwr the ?i. uit.iu ot aa illegal act. it depends on wi tailor the executive officers have adwrrotioa in either oa. ? to judge of the law and a right to execute It or not at 1 Beit pleasure. If they nave no duuteiioa and the low peat lively commands tbe exeenilua of a particular aot, ttanndv la by maadamua, to art affirmatively; if tbo 1 tor. forbid* peremptorily tbe ax ecu*, on ot aa act, then Whs re It can he mode ? judicial question the appeal m to Abo Judicial iribuuaie, and eapecwdy wnero Ihe ?waeti to Js a const, tuueoal one. la this case the Presi dent h no Aw discretion oorept to execute the law. Tho Mbord boo officer. who age ebeying hw oemciaads have bo <L woacioa oxoept la carry hit orders into sffirl, tod there Jn *0 d Mine boo, in each o caoe, hjffma? so oaaouUvo and a .unmet-rial duty. A miaisUrial .la merely a branch of tli r Hf-r- duty, tbe aalv difference being shal a mil murtai deffp ja wharu tho officer boo ou d mo ration but to rm 1 Me .act. For euanpto:?ones aa aeeouat la of Mo acooueUng ffiffuira of will WHFhaeoo dmarMiou, mT In Mm caoe of Mwtetry M^m^p^fcmiaff)jMMocaMoafjUwff^(^iM iMMitive and perentptory, sad am officer m diraeioe 4 -or aot la do a portacular aot, it *? omlied priagd ?hia raiR, aad Mat from whtob we derive <1^ ffmdaamt Mat tbe mm no wlB Mo?At ?aaiMmua to 1 yiuw inrirmaoii of Mo act rfffMwd by law. m ? tajuMtioa to rwraM tboaot fbibtDtoa by iffm, bom ta aach caoes, the low boo loft bo dtaar.llim, tot it o ?My ?f Mo officer to obey it la ?ho present Mats the PriiHni aad those acting ta aim Hull ta Mo **M, have aa docreUao hul 10 aa cut# tfeM i tot M Ma law be en.ouotMfftiMal, ftl tl ?0 power to vindirate the antolilatiaff f I tl be disobey m and treat ad aw a dead too tarn IU enatotutian provides lor ?M0 exact oea lhM ,w,*ra> 'rttoffOla shai B oogffiaauoe is ail amss amtag wader tho oaaW ut law. aad tre.tias of the Uai ed^vateaTtod by | l*f #m? arbuev 10 cemnroo I tho 8 u pre me Court HBWHPmVIIIPIPliP otitoMm sod give It uniiiwm effrt 1 (jama, ffud purmaaoat affect sntil m de,-reV? rave to tbo mm* tribnnal Wheo the Ihevdoat and an horri Betes prueMa tooaecataa Uw Mhtcb is dee M bo anuon-liioiionai, iffo camiiutioo gives u clti aad to the Rtama, In tbo eaem pvwm 4 2?K3 MM, ihe right to come into that Mb.L ai.J moda Mo orhtiar to nhmm a daouuon na thai J Heady there?oaId be no dispute thai this Court was arbiter, aad ttot oa props* partiea pramntlag tbemaJ it wm booad M dueida offffMm w m 1 w liar law area const tauooai, aad to to .tab remedial pewero pceocribed iu Mo cmmtltJ HHrni te be a peiltoeal question sod to ,n? moiitiooi reeoiu. Every am of Oeugrees, la out I toooivao political qeeortoaa, bocaeoo every act 0P grass operates upoa thlrly mx miitw af poepi. hiw Mnagbi gi MoUaioa. Bat taottoCourt over ?aded. where the n esUoa was prbvOBMff. te comeo luted, whwre the q eeUoa was prueOBMd. te oampu aatuf (bugreaswtM Ma oamMtutoa,aad decide be them I Look at ? ? ? - ??- ?? ?? ? use need its Judgment oa .-eo.Dtot.on*J q mnios aay q eatlon was mora political than another, nao nrliiog under * treaty, baomiao it lavotvod wur linn, with for in Pt'waro; but the 1 curt bad outer I'lriadtctioa in many cneeu under treatMH 1 to Me em hart n. a question winch eonvo ?e. I nnn, aad npou wua.it a por.ioa ef the Ir/ u?g altuo?t rtody iff !? Mto >aaurr? So of the power to paw bankrupt laws. Bo of tbo 8rent commercial question decided m Gibbons vs. Ogden. 80 in tbo ca?e of the Untied Slates Bank. That was a political question upon wtneh two or three Presidential quest lone turned; but the Court inquired Into and de cided u|iou the qtieatlon of its constitutionality There lie sialic,I to notice a sutrnrstion of the Attorney Gene ml who, in couoaeaUhf on the case of Osdeo vs. the Bunk or the United States, had spoken of ti aa a private corpo ration. 1 be Court decided that U waa a public corpo ration, and that it was only constitutional as a Awel agent of the government. The Court affirmed the power of the federal government to oelabhab such a floral agency and the right to preserve it from hostile Rate legislation by the remedial right of tnjnnctton. So with the qrestion of tariff. There the Attorney General stood upon the same platform with the nolliflersot 18.12-3. At the tunc the duties were not paid in rash, but worn secureo by bonds, and Mr. Webster, Mr. Clav and General Jackson and the entire Union partv called upon South Carolina, who had declared the tariff law to be unconstitutional, to bring that question before the Supreme Court. Her answer was the Identical position 1 power to pass a tariff bill wns a political question, into which the judicial tribunals could not inquire; and that littlo party mode frantic efforts U> serum the repeal of the twenty-flfth section or the Judiciary act of 1789, which gate the right to bring b 'fore this Court tho Una! doclsion of the highest court of a State in cases involving the cnnstitutlinatity of the laws, treaties and constitution of the United So in the Mllligsa case, decided at the preaeul term, the question was a politi cal o*;e, growing out of tho esisten-e of the rebellion; and yet every member of the court ex erciaed jurisdiction. The test oath cases also piesented apolitical question applicable to the rebellion; and yet both the majority and minority opinions admitted tho Jurisdiction of t.ie court. Tho dei-smiing opin-on in tho MiiUgsn case admitted that martial law ron'd no' ho procla mod in time of pea-e and hold that the court could luq .ire whether poane existed or not. Tie Con gress In the not beforo the Court venturo to declare that rniieiltoii r.ow ovists. In onn of their latest acts thev Si'Ciik of "tho Stales lately In rebellion." In tho so ca'led Rcconsi root ions acta they use the constitutional misnomer rebel States, as ir a Stato could be a traitor aud tried and convicted before tho court. The around on which these acts wep panned waa, not that any rebellion existed, but because, on was a loved, there waa no lawful government in these States adequate to the protection of llfo. liberty and property. Upon the same basis a simitar law might be passed with regard to Marvland or Connecticut, and. indeed, evcrj State of the Union. This was a mora assumption and in violation of established facts. Bnt the Attorney General had specially insisted that tho court could not take jurisdiction of thin case because no ti le to land and no money question was involved. In m-ponse to tlnu attention was called to the fact that tho lull refrrod to tho ordinance of 1787, the compact with Uoorgia of 180% the original rotisiitation of Mi.swdppi of 1817, and the act of admission under whltih vast grants of public land were made to that State?wid It was etvur-d a perpetual right as a Plate, not aa a torriiory or province?to have % per cen\ of tho proceeds of the public lands within her limits which had not yet been all disposed of, and was also granted school s?lectloas In every township and lands for the scat of government. That, however, was rt natrotv vi"w of the question. Tho mere settlement of matters involving laud or money was not tho reason which induced the frames of the constitution to u've this court original jurisd ction in all cases where a Rtato should be a party. That juriscietion was granted to secure penco and harmony?peece abroad, hamooy bet ween tho states at home?not as to more questions of title to a tmci of land or a sum of money, hut as to all the great questions which involve the constitutionality of law. of Congress, the construction or the constitution, or the interppr'ottoo of treaties. If the Status did not create, this tribunal as the ultimate arbiter of such questions, It was created In vain, and the States wore left without remedy, and there was never a more powerful argument in favor of secession and rerotut'M. A great argument against, secession had always been that the constttution had created an inspire to interpret all the reserved rights of the .Mates and pronounce Judgment for or against them When the people of the sev> ral States formed and ra'lfied the constitution thoy reserved certain privileges anfl rights to themselves and granted certain powers to the general government. Among the rights reserved to "?ch State ?as tee right to come into this 000rt and a-.lt its decision, the ultimate art.Per in all cases involving the construc tion ?f Dm cons'ttirtion. 1 iws and treaties of the United Stales. The doctrine was sanctioned bv tho Wheeling Bridge case, althowgh the Attorney General had referred to rtie case as showing that the I -risdlelton was sis -tamed because of the proprietory interest of Penn svdviin a in certain canals and railroads It was true thti? a Meat ion was made, but K was onlr b?cati?e of a technical point-, but that decision sustained the doctrine that when a State came into this court as a suitor she had the rights, as all Individuals would hare, to re nt -dial process. The case of the controversy between the Status of Rhode Inland and Ma^arhnsetts waa ner fectlv decisive on tho question of Jurisdiction. That esse did not involve the title to an acre of land, nor a dollar or money, nor did the constitution ssy a word abont boundary in giving jurisdiction over cases be tween Stales. That was a case of disputed sovereignty anil Jurisdiction over Ave thousand people, and the court entertained jurisdiction and pronounced defl nlte JndTnent; and the decision In Woolsey vs. Dodge Gflih Howard), which ought to be bound with the constitution, reviewed the whole sub|ect, and showed conclusively that this court was the ultimate arbiter in all cases arising under tha United States constitution, laws or treatlos In the case of corporations aud franchises a court of equity interfered to protect the franchise itself, to prevent the participation of persons who, under the charter, were ?ol entitled to participate In the government of the cor pomtlon. Did not this power apply to public as well as to private corporations f It wasemnloved In the rare of Osborne r?. a great public corporation, the Bank of the Doited .states, and has been applied la the case of city corporations, county rorpornttons and other public corporation*, admitted in the decisions to ho exercising a portion of political power, to be legislating to tax tho cltlren or to take his property from him by puhlio condemnation under the right of eminent domain. Tins power was exercised to protect the Inrorporal right of franchise. That question arose in the celebrated Dartmouth rollege case, where the original charter vested the administrative power of the corporation n cer tain officers, and an act ot the legislature of New Hamp shire undertook to change that ermnlxattna and to-take the ex ere lee of that exclusive power, under the Charter, from thon? who worn entitled to exercise It by Its provi sions, and to vent it. In part, la ether functionaries. Mr. Webster, In th?' case, made an unanswerable argument In favor of the power to protect the franchise, though the persons claiming the exercise of the power had no money interest In the matter, and the court In its decision, in 4th Wheaton, sus tained he dortrine; and In the decision In that cass the court h^d that the right to administer the franchise of a corpora*I n was found<4l on the same basis as the right of voting in public elections, and it was said to bo a sacred right, and win be protected by the courts. I he main ground wnich ushered In the American revolution was the taking away of nor charters, but even in the most arbitrary times they ecarrely ventured to take them away by legislative ant; bnt they dragged Massa chusetts and other colonies to contest the validity of Ihoir charters on the qsealion of forfeiture or non-for feiture hni ore the Judicial tribunals of England, where It was rewarded as a indicia! question. The right to vote In a priva e corporation was a sacred right, to be pro tected by the Judic al tribunals, and the right to vote In n rtty, countv orothsr other public corporation exercis ing vast political powers, was a sacred right which the courts wo M prefect; and vet was he to he told the rt hi of nn 8 me lean ritteeo, sacred under the constltn lien?a right without which llherty were n shadow and s- lf government n pageant. A right secured by the tint article of the coneiItutinn was to he frittered away so as net te be capable of (.retention by judicial interference. The right of suffrage, who should vole for members of ? ongrsns and Procidentia' electors, wan one of ths great disputed ami difficult questions presented to the con etderntion of the Darners of the constitution, sad after much deliberation nod grant diversity of opinion, not betag able to agree upon any one uniform rule spoil- able to every State, they Anally adopted tbo principle that each State should decide for itself who should have the right to vote for members of the popular breach of the State Legislature, and that whoever were thne permitted by the male constitutions to vote for members of the popular branch of the Bta'e Legislature should bo tbo pereame who should he en tresto 1 with tbo power of voting for members of Con rreas and electors of President, and. la fleet, with tbo carrying on and administration of this government. These ore the men who earry on the government through every department. Even the Supremo Court represents them, and carries into effect the powers given by them. The principle woo Incorporated into the coa siKottan by the unanimous set of thirty-six States; for all the lake admitted since the coaatttnUon was formed assented to It, nod when this right cooott totod tho vary vital "seenee aid being of tho States, was ho to bo toM that this power of each sm*e to decide who shall administer He affairs may be taken away by act of Congress, without nay power on the pan rf the court to Interfere* It not that a Brats nghh or are there no State rights' Are thoy owner **7 ??? '*? disappeared before the powerful affhlg?no of the rt?teg central eon and fhded out of the In?meet! Are there any States Mill loft t Have thoy ?T WhMarotanas rights and how ire thoy to bo egerrtood. end by whom ere thev to bo pretaried when emailed br uBooeoiltoitootl legislation f Thee? miration makes en express reservation to tbo Stat? or ?a the people of rights act granted. An there namwBd rights la a sum as a dialer le aot tbo of each rente, acting |B ?- - . "V ooaotitatioB aad WHWIJT 1? H%A mKmll lymwha the elective flramdHoof Aad yet ihT eot rf CtalSS tT* ?Usoly aabvertad tbo State eystoam 00 I this snhnct It woo no em wHhewt a parallel m htMarv extruding mental law eror tew wilikwUor rwooieT^'l DowerVnVmt'fflare -ta4^V^n'- ?">'i"*?*d ? mllllary eetrep, oahetMutlng the gilmtwcr 1 ff ???? f. I tepeeel /or the judicial tribunal*. It leys the nn to tho root of the elective | franchise. It extends the right of?fringe to thr e or fear million of people excluded by the Mate coastMn ttoao aad oaaladdt MM of Una?woe by chnsiflretion who are ewtlUod to It uader tho Mate coast It ntloea. The hrtMMhmi Mil ef attainder or of paiae aad penalties over eaartci, II took awav other rights reserved to the should MM Tbo ooamrioMon pvoviried that no man . .. ? tried emoept ra tbo "tate wbeve Mo odbnee * committed. It prebfbitod Ooagrm* from paeoiug ?* poet freto la wo or lawa mtpMneg tho right of trie 1 by Jury or from taking away Mb, liberty or praporty wlth o*M due prece? of taw. Tho? are aM Btato rt. hts exee Tb*d by tho people ef Mm ?ral Stat? withla their boundaries, bat thoy wore off swept away, bo bod Unveiled through igyyt, Syria, Turkey m Aria end Turkey I. Europe, aad tkna-ade of miles thmagh ?"?'a, and there was no rack despotism la Afr? sr I ^?btark?mRaamneg that which w- sotahhehed by wuSJIfUv ?" bad 0?ria of ?am deowrtpti?, ? ' .L 'offportunity of defence. T ^ *Blr h * ??"*? m cm of Oow wctss^I!! * out ot existence, reduced them te them ee fIoT"*?! ***? %IM| 'ublec ed every one of to tt,? rtretJI "nf '/ p^pl* ?' bit hgre. sexes and colore luii of e^l 1 * * n""?B'v oaaim?def. Hi<tory was mcral VpTeu^'r of ^ T'^mlcs bet of bodies of _ r'w * bbort period of lime vast neieo 01 peopw were unacted as if with made em to perform deed* from which, on (be sober eecond though' , they would ehrink with horror end dismay. We wo- ? now suffering from one of these epidemics. Altbotr jb nil the sacred rights which lie at the foundation of p? .b lic liberty, for which Sydney perished end Hamf den hied, and our patriot forefathers poured out their i ,iood profusely in (he war of the revolution were prelects j by the constitution, were the people 10 bo told that Con gress could take them away and that this court wr * pow erless to interfere, because they were positive rh'hu ? I* the only rem -dy through the ballot bos ? Tt? ,, elabo rate arguments in the AM-ralitt, and 11 ie great discuaelons In the various State cor venlions show that onr fathers well knew that all people were subjeot to epidemic tr oversews arising out of great convulsions, In which thm r might do acts that in thoir cooler momenta they would deeply re gret And the fram era of the constitution la' mrted guar antees to vnard against snch an emergency as the present, when the popular mind is lashed into a tempest and the waves of the great ocean of civil f are still throwing their tumultuous surges upon 0' ,r shores If the people are not to decide such question 4 where are we to look for the will of the people? i engross Is but the servant and agent of tbe people. ? be const itulinn was the unanimous voice of the people f ,f ag tQe stales; and that was the will whioh should gov Prn. Oueof the objects of the constitution was to pn >te,t minorities of States and minorities of the po-oi ,ie. mo majority could protect themselves?the p )We'r 0f legisla tion was in their bands. B* ,( ^ bad ooon said that those States had faded out 0f existence. The act of Congress, although it calli , tb?m repBi Stale*, treats lb m as though they wer ? BOt suies of the Union. It requires them to ,lw srt certain elao<ee id their Smt>? institutions granting and guaranteeing the right of suffrage 10 n portion or * lheir Inbuottnnis, nti<l it commands them to give their a. ^cnt to ccrtaiu uineud ments of the Constitution of me United stau?n Con Congress frame a constitution for ? Slate ? 'an Con gress insert any provision 'I ,a a state constitution? Has Congress a right to dlcti >te u, mo people of a Statu who shall be entitled to the . (^bt of suffrage undor their constitution? Although la some respects the actle it latlnr for these Slates, aa ,y they are not States, it vet admits them to be States, b pcausc it forbids the admission of their representatives until the last constitutional amendment is ratified by a constitutional majority. If thav were not States ' .here were but twenty six Stntos when the act was passei |t and mure than throe-fourths of these twentv-?tx Sin ^ bad ratified the constitutional amendment; and vet ' ,'ongress admitted that tho amend ment had not been ra by the constitutional number of States requisite fa ? that purpose, and reqnirod these States to ratifv it before thetr rnatimisslon in'o the Union, and exclude 4 mom until It should have received the ratification of ? , 'sulllcii-nt nombsr of Slates to give K etfic.cncv. But It wag Hold that there had been a great rebellion In these states by which the regular operation of the laws and ? .he regular State authorises hud be-m suspended. Tro e- but what tben? If the ordinances 01 se cession and tin , constitutions framed during the rebollion were nullities , they still remained States or the Union. Then, what ? /as the consequence when the insurgent giower was r amoved ? If n British army had Be nod and "held Loutte ma for years, snsiiended all the operations of tho coin**' and public fnnctionares so that there win no one to Tf Inaugurate state government there, would IiOiilsranr. therohy cease to bo a State, or could the p*oplo on ttws rr moval of the hostile torco come together and again ~psit tho State in operation? What was the differ ence Wtweou the same results produced hv a foreign in vasion er a domestic insnrrectlon ? The insurrection preqMted for a while; it had no lawful reconstructions! pciw?r, tho secession ordinances were mere nullil.es, the pre deeded State functionaries during that time were no functionaries at all, because they had not taken the requisite oath to sup port the federal constitution. and were en gaged in a treasonable rebellion. When the opposing obetarle was removed, and the Insurrection was "up pressed, did chnos prevail? Were there no people of a State that could reorganise the government? A ca*e decided in 2 Galltson. as to the Isle of Casttne, puitiug in force the doctrine of pnst limine, is precisely in point. Daring tho war of 1812 < astine was held for years by the British, and not a vestige or Statu or Federal nuihority exided there; but when tbe war ended wbut was it* condition ? Did it require tho Insertion of a single word in tho treatv to restore the federal and Stale power there? Not at all; bat It came back by tho doctrine of p-wt limine, which Is distinctly recog nised as a part of tho municipal law and the International law: and the moment tho opposing form was removed Oastlno was again a Dart of tbe Stat? of Maine, and the laws of Maine and the laws of the Union resumed their full operation there. So with those States, all these sots being ohso'etn nullities, the page ant ralleii the Con federate government being removed, the secession conventions, which were assemblages of traitors and Insurgents, without the least particle of legal or constitutional authority, with no legal right to disband the old State governments or withdraw the Slate from the Union or suspend tbe operation of tho Stale or federal laws, having cea-ed to exist when the oppodng force was removed, by the doctrine 01 poxt Limine and tho law of common sense and common justice, did not the people of the State, and espo tally the loysl people of the battalions I rem Mississippi, who shed their blood in defence of the constitution and tue Union, and the thousands from Virginia, Louisiana and other States, who, marshalled under the Stars and Stripes, become vested again with nil Ue attributes of the State ? Were such peopto disfranchised with all the rest; deprived of all legal and constitutional rights; re duced to territorial pupilage and military bondage; de prived of the r.ght of suffrage, of trial by Jury and of all the guarnnleos of the constitution?were mere no people left when the opposing legal treason able power was removed, wno, without any aid from Congress or the President could exeroiae the sov erelgntv of the State ? Governments are not sovereign, law makers are net sovereign? tho sovereignty is vested in the people. Sovereignty is the power that makes governments. Did not the people constituting the sovereignty of the State of Louisiana, except where It should oorne In conflict with tbe federal constitution, revert, by the mere operation of the doctrine of pot! limine, fo their original rights, which had barely been suspended, and not abrogated? And were tbe.v not authorized, without 'he intervention of ? ongrees or llio Presld -at, or any other tribunal, to come together and pat their government In operation ? Mississippi and each one of these tea states had a State con stitution recognised as republican and valid when the rebellion broke out, and each had State laws when validity was recognised by all the departments of this government. Was that State constitution abrogated by an unsuccessful rebellion? What destroyed It? The rebellion did not, because it was not successful. The secerelon ordinance did not destroy It, because that was a mere anility. It seemed positively olear, then, that tbe State constltntlon and laws which pre-existed the rebellion and were in conformity to the federal consti tution, were in full force and just as binding after as before the rebellion. The people might have actod under them, or, aa they had s right to do, they could come together and reorganise a convention which would either acknowledge tbe oonstitotion, as Mississippi did, In every particular, and the old Slate laws, or modify them, aa the people of every State have a right to modify their constitution and laws in rubor dInstmn to the constitution of tbe United Stales. If the constitution of Mississippi was abro gated and ceased to operate, at wbat moment of time was it? Was it wh -n the ordlnanoe of secession wo* frtmed? Dtd that act of a conventicle of insurgents, who had no legal norconstitatlonal power, abrogate the lawful constitution of Mississippi ? Was it abrogated by the Insurvent movements? Did an unsuccessful war?a war to destroy the Slate roosiitniion?a sear to de stroy the federal constitution?a treasonable war to snbvert the Union nod destroy tbe government, and, indeed, obliterate the principle of self-government throughout the world, destroy tbe State consutniion and laws of Mississippi? If neither the iinsmtnn ordinance nor the unsuccessful re belli in de stroyed that constitution, in It not still ta fores, except so far as It was modited in ISM? It eras clear that the people, In the exeroiae of their sovereign power, bad n ntht to 00me together la MM to modify their conetitetlon. Bnt if there was anything irregular la that the old constitution remained la fores, which was recognised as valid and republican. Consreen had aa power to destroy it; Congress had no power 10 treat aa untitles state constitutions whioh had been accepted and acted upon for years. If Congress caa dictate ear tain provisions to be incorporated Into the State coneti to'fon they caa frame aa satire ooastttnUon for a State, and demand Ita adoption on peonlty of bei^ tend forever without representation, and If they may suspend the rights of a State for a year they may suspend thorn forever. The question or ooastltntlonai power doe* not depend upon the number of moo Us or yean within which the net le to operate. If Congress hod no war to declare that there are not States sad that there are no lawful State governments there, they amy keep there ta territorial pa pi lags until centuries shall have roiled away and eternity grown gray with ago. Bat tho learned Attorney General has said that tbe dearer Is merely imaginary, for there eveata may never oocer thai the sword of Damocles is srepandod over oa. hot the balr by which it is held may never break; that, although obsolete power ta given to the military commanders to destry the State governtneats red pat oat of office tho Governor red Judges, aad prevent the election of anew Mate Legislature, and to try aare aot by jaitee under tbe eeretltoUoa, bet under military law, yet thai three tblage never win be dot* Tho oonrte _ ? >M|M|? of tho hooka, "It la because tbe oemptelnaal la threat ened with tbe perfbrmaace of aa illegal net-" It la tor that very reaeea that a eoert Interferes la adeaaw sf the execution of tbe law, because it would bo too late BBcompllabed aad there ??? _ bill of complaint la UlBt 1 aot only in danger of tbe exeretiea of there intra, bet thai we ma threatened with it directly by tho Creeldeet, verbally aad by official acta: IT Secretory of War aad tbe General la mand have Issued orders to carry It lada effect, aad that It certainly will be oersted late dbst, en tare this eoart Intervenes. That is tbe vary aare la which a coast of eqelty laterferes In advaaw la pre'?1 tho uacai renos of evil. There generals are not aaly regelating the right of suffrage bet May are latarfertag with tea liberty of tbe press; they are -declaring thai If Governor* or Isdtvldaaw express remain aptelsre they will be turned est er office aad poaisbrd. They have lereed orders disbanding some *1 tee courts and threat en log to dabend team all la a certain contingency; they have obanged the entire penal code la revere! m tbe Males of this Union, tbev bavs made that a crime which waa aot a crime before, by oner* at Hi lary edicts: and aot oalv teat, but they have changed tbe mode of punishment onlata*d br Btaw laws; aad tbsy have rebetiiaud by military erderv an entirely dt?reat punishment from teat at data od by te# State lawn. Aad yet we are told Mat there are imaginary Hague, aad teat the evtto wa apprehend ?ore aever oreur. If hot one short year ago aay man had area IMtagteed that tech aa act re tela covldbe eo atesd by Ongrere, teat martial law, to the eariuatoa of all givtl law aad reamitatieaal law, sou id be taaagamted by artillery teres, aad if be had ventured ta predict thai ?eh coate hare hew tea pragma sf tee "' ntteb epidemic maaatre waice a sow eergtog ever tea ooeatry, bo would have bees thought almost ?t far aa rei'la* which perhaps ought not to be men Hoard la tet.e court. Rat it has been said that these Mates are mere conquered province*; that tbe war was In the nature of telorei n war. and thai tbe people 01 the Bool hern -intresbtnd lb precuely tbe ?ame aliunde a* tea people of Mea'tyd would If *e conquered Mexico. ? leu<?d all her laws, pul down . her government, and ex l?nd?d to ibetn only Ute gove> .ument of lbs a word. The Attorney General would not rMurae that position; but It had been presented by thow, wuo advocated the law, and whose arguments bad Been, presented to the people, and were therefore worthy of 'zotice This involved the power to expel States from t'ae Union. If they were mere conquered foreign territory it would involve a much larger powers?the power to declare that they wore not within the territorial hmite of the republic. ThJfe was the doctrine of tho .-ecevsion ista of the dotitb, who are now in great numbers advo cating the enforcement of ibis law. The doctrine had been emphatically decided against by this court in the prize oases decided at the Lh'cember (1862) term, in which It was held that Congress had no power to de clare war against a .alale, and that the contest for the suppression of the rebellion was waged in pursuance of the sets of Congress of 1790 and 1807. It was not a war at all, in the true constitutional sense of the term, though called a war m the popular sense. A war. in (lis constitutional sense of tbo term, only sroeJ when Congress declared war. Congress hod no power te declare war against a Slate, and the exertion of force against the rebels in arms was merely the supproah iu ?>. a rebellion under the Statut "a. The term coiiquuat and conquered territory could only apply in cases where th re was war in tho trie international and constitutional sense In this cose uooe of the rights of canquest followed. The Soutneru people were not a conquered people. These or th tn who participated in the rebellion were si.blued insur gents. The stetee wero still States, for ii Congress could not make war upon a Slu.o it could uot couquer it; and if it could do neither it cculd not expel a State from the Union. It was said in the Milligun case that during war, the laws of war prevt.ll, and during peace the laws of pear e prevail, and that ail the c<>u?equenc;s of war disappear where thorc is pea o. Is there uot peace now 1 Has Congrewi ventured to declare that thorn is war, for eign or civil, existing? Has it attempted to precl. de judicial inquiry into thut great .act bj asserting thai the reb dliou is suit progrossiug ? Not a; all. It simply says that there is nolawiut government in thes > States be cause their people are a coiiquere.1 people, and the rignts of Congress, including connscafMd, follow as a nee ssarv consequence. Oongrcss, not having as erted.' thai the robeilion still exists, the tacts of tho caso inert be looked into. Tuu frenideut, under the authority given faim by the acts of 1795 aud 1807, and by lawB passed during the rebellion, has declared that peace pre vail throughout the Union. That edlcial document, prorlaimcd by the President, the Commander-in-Chief of tho Army nad Navy, must be regarded by the Court. For two years nore had not boon a solitary act ol war, era threat of war, throughout the Union. The armies arrayed against the Union have been dis banded, tl.o biiuitor of the Union (louts again lit triumph over every State. There is complete, absolute, unanimous sobintasi >n. 'The people of eacti State have reorganized Chute governments in oho dtetii-ti to the oonstiuition They have elect.'d representa tives to both houses of Coogreae. There is not even a pretence fur declaring the proclamations of tho President to bavo been nullities, or that there la now, or has be n for two years, in auy of the Stater of tiie Union. Tnere is peace, there Is profound peace, there is inore absolute peace than then- ever was be to re since tins government woe founded- We mivo no Shay's rebellion; wo have ?o whiskey .natirrcci ous, wo have uot the still uion formidable Olmsted war, which raged in Pennsylvania from 1808 to 1809? not a rebellion of small bodies of men or ooutilies. but a ,- tnie rebolllou, as tar as a Slute can rebel, beaded by the Governor and tho Legislature of the Slate, I bobeve by a unanimous vote, in which the State troops were marshalled to onforcs u .State decree avainst a Judicial decree ol tno courts of the Uuion. and which threatened direct collision. That was the very rebellion which led to tho pas-age of tbo act of 1807 That great and good man who was then at tiie bead of the nation, who was a gioat philanthropist, who loved the whuie human race, and who. lixo all great men, committed s imo errors but like most great men (as one of tho greatest said of laird Mun-lioldi was great Enough to acknowledge them, lie recalled by his acts during that period every word tbat be had 8a d bo.ore in favor if the supposed right of a Nate lo nullify or secede. Jefferson found that under the act of which merely author ized tho calling out ol tho niiiit a to execute the laws of tho Uuion and in suppress msurrcct.ou, tho miiilta wera against him. aud he sent a message to Congro s request ing the passage of tho act of 1S07, which for tho llrsl lime, in addition to the militia, authorized the use of tho army and navv of the United States, and It was through that instrumentality aud by a contrvunce of the m urhaihr j Slier:II thai a collision was prevented Although thai great State thou committed that fully, it uas been redeemed mr.ee by ten thousand vir tuous and patriotic deeds. Hut tli" Legislature of Pennsylvania then look sub umhllv the same ground, in some respects, tbat xNlth Carolina has since done, and declared thut Una trio iual could not be trusted with tho derision of theso gr-at j?o d.cal ques tions, aud railed upon her lister Status, by a i amend ment of tho oou?'lluli.>n. to rente some other tribunal, composed of repressniu .oui tho Slates, to whom great iud.oia' qtastions >n on in 5 jioliticai cunsuqjoucos should b>< ixierr-<i Yir?tniu, wtfng in obedience to the kaown views of 'fer.e n and Malison, pa-sud resolu tions, in 1810. iu ? i>u- ..ion to the resoluttous of Penn sylvania, ag. i t any amendment of the constitution in that reaper:, and rcoloring Uial the Supreme Court was His arbiter of ail constitutional questions, whether tucy involved political coiisequenoea or not, a< d that no tribunal so safe as that could be or ganized m th - government, and every Stale except Pennsylvania went with Virginia on that occasion. Tne bill of complaint In this case was Hied by the Statu of Mississippi lo vindicate ber ngbis under the constitu tion. In addition to ber rights under the constitution she cauie into th ' Union uodor a compact between the United Slates and Georgia, which compact affirmed and extendod to Mistuasippi all the privileges of the ordi nance of 1787, securing to b?r forever the right of trial by jury and ail tac other great right-' guaranteed in the constitution, and maklug to her certain grants of public lands of great value. This arrangement ! was declared to be a fundamental law, aud a compnct unalterable without t lie consent of both par ties. The P-oari lias again and again recognized the binding fores of the ordinance of 1787 not merely ana law, bat as a fundament d compact between the government of the United flutes and the people of ail the -tales ad mitted to the Union under that compact. The compact was of Itself a conclusive argument against the protend ed right of secession. If It was s binding compact having all the force and power of a treaty under the constitution, bv what power and authority now could It be disregarded; and yet each and every one of its pro 3dons is swept away by the act of Congress Just as actus)! v an if that act had contained a clause In so ?any words repealing the ordinance of 1787. Under the treatv with Spa.u ol 1795 the United .States claimed Notches and Mississippi as a portion of the Spanish ter ritory, accepted tneir p.imcseiou from the Spanish forces, and In 1796 organized and put In full operation then? a Territorial government. In 1802 Congress accepted a quit claim from Georgia to that territory, but never ac knowledged the title of Georgia to It. But in the great aaae of Fletcher vs. Peck, notwithstanding the fact that Congress, exercising its political power, had decided In 1788 tbat Miudst'pp' was a can of the territory ceded by Spain, and upon the harts of that opinion had organized and kept in operation for several years a Territorial government, aga.nst the protest of Goorgia this Court decided unnnira >usly, with a single dissent of Justice Johnson as in the point of lunsdictlon, that la 17M the whole territory north of the thirty-first parallel wee within the limits of the Slate of Georgia, and that the United States had no title to it until G.orgia ceded It in 1802. As regards the three lower oounlles of Mtaalsmppt, the Court has derided that that portion of Alabama end Mississippi below the thirty-lint parallel wee em braced within the Louisiana treaty, and that Its lababltaata were entitled to ell the rights and privileges secured by that treaty, many of which rights were clearly infringed by this UgMottoo. It embraced not only thm ponton of M testes! ppi aorta of the tbtrty-firsi parallel acquired from Georgia and protected by the compacts of 1787 and 1882, but also embraced the three tower count!ee upon the Golf of Meiiooacquired by the treaty from Fraaoa The Attor ney General placed much reliance upon the dectatoa In the case of the Cherokee nation vs. the Male of Geor gia, (6th Peters) The Court there held that the Cherokee nation wee not a foreign Slate, la the sense of tho constitution; was not a skate that ooold see hi the couru of tho United 8tales, and, Ihwefnw, that tho Court had no jeriediottoa for th* want of a proper party to tho WH. Ah beyond that wee obiter dictum. But what was that case? It wee a Mil, not against the agents of the Stale of mala the Mm*, a* a Bar ? Georgia, bat a Mil lo rartralh tho State, as a State in tie corporate capacity, from the exoeutioa of its laws, aad at a time when the flute wee actually executing them by rorce. If the promt bill wso tied agaiast the Gov ? of the United MM, to restrain it as a gorara raoet from oxooutlag tho laws la queetlon there i be some analogy; but Mm not a bUI to restrain subordi nate official*, a careful deetelen la Marbury m Madi son would show that eaoh a MB was wmoliiable. A word, la conclusion, as to the Irreparable In jury that will ho dono If this Court douu not Interfere. No one rises bora, and ho believed no one oeuld rue and dMhmd m bis soul and eeneoUnae tho ooasUtnUoaatlty of tbseelawe; but although their defence of tho oonetMeUoo; lo flr from tbo bat Uemenls which you mo sworn lo defend; to abandon Ute coostiiaUoa in It Met citadel; to shut your eyes upon tho fast that tho oonetltutloo la violated. Ton are asked not tease that tho States aad tea muitano of people are deprived of all their rights under toe oeaotHaltan, aad that M h repealed so Mr as they ere aeaosrnaA yenref these tea States suited la for ml eg the go imam an after they had JMaod in carrying the oouatry sneeemfuily through the war of tho Revolution. One of thorn. Tin ginla, gave on tbo gnat, tno subUmn men, wMhont whom, uodor Providence, perhaps, oui lodopundanoo would sever hove bees achieved. They untied in car rytag us through tho eueood war of ladopaodenoe aad rowing the country to o pinnacle of power and glory aakaowa in tho history af the world. What * earns of them did err I locally t Did not Massachusetts err In Shay's rebellion ? Did not Peaeaylvanie err id the whiskey Insurrection and tho mora formidable OlmaMod rebellion) Did not New England err nfaen nbe assembled e band of trailers at Hartford, who, bat Mr tbo glorious victory of Now Orleans, would have at laam ladmiered to drag these greet Nates em of the (Talent ?sennas those States have committed eoeh grant error*, bare tbev new an rights? Have the loyal people among them, numbered by thonmnde aad woe of inonaaade. who naked thaw lives h the mry tho rebeilioa, oo righM 7 Are thaes poepte who, ?tending all thotr Malta aad errant an oEhmao imon oouatry, destined lo men the mam MM 8* *, te here no prelection from thM Chart nl those el them who went eat ?d 8 span Ike 4 Mr Catoosa and hie Mloweoe, that this Osart tghi to deride upon qaaomene of MM htod ?v have come bom aad assert the trtm dostrtna, oeion Is a mere nelluy, and appeal tn thta uenrt MWr creeled by the ooertituUoef Are Ihur Wbe beve no umnMinMimal rtoMR er at Mart ndho fU bo protected bp mm fieaett that porhme it red i ewe tbo pie icon of an todlvldual whs ing roll for aakwfttl erreet. but v h<e thM mil has gone ieto . Uct, aad eeeh eed every ooo ef Mr m as IM ell ir ?ii government# *r*il bo over ad tbM people red . ed to wi" tary b?-s<i*#e, you to the -*vtte->, ee .-.riot e'r vol there le no rnr poe, u>eeg erv grv#' ?*"#, we 80* plainly fM in deprived of your constlt jtional righta, bat the ? vMtiuUou to which you now appeal ?'*OT us, the Bool arbiter, no jurisdiction to main tain your constitutional r txhta If, Instead or the friend* of the const' button and the Union, as the country knows you r to be, some of ita worst enemies, representing lis despotic foes, were sitting here to decide upon the <* ?gttny of thle country and to pronounce upon the p ernetmty of the constitution and the Union, what r jore fatal edict could be pro nounced by the Court t Bu to declare that there la no peaceful remedy for ttre Stales, and ten millions or people within the limi j? ,f this great republic f As Mr. Walker's ar- jwraent consumed three hour* and a half, reaching till. the close of the session, ths Court decided to b w Attorney General's conclud ing argnment on ' Anthty next. TUJtr. *r" Aden Coarse, I,on* Island. The proep' a of a trot as Interesting as that of Thurs day Induce i uu increased attendance at the Fashion course ye pv-rday. The stake was of no great value; but the entries for it were numerous, and although no great e* Aifb'.tion of speed was expected yet strong hope* of an e jotting contest were prevalent among the visit ors Of the eighteen horses entered for tho purse only six i *udo their appearance on the track, and bat five star'ad In the race, the sixth one, Black Bess, having bee a -withdrawn, a few minutes before scoring com m'juced. Three of the Ove remaining on the ground trdgbt also have been withdrawn without detriment to 1 'Am interest of the race; for it was very evident after the commencement of the eon test that they bad been overmatched and stood no chance or becoming win ners. Two ef them, Lady Kendall and Lady Allen, were withdrawn after the second heat, whilo the trot wis contested throughout by Lizzie Warwick, Rapid and the gray gelding. It became verv apparent after the horses had gone a Tew hundred yards in the first heat and commenced exhibiting their powers that the race lav between Lizzio Warwick and the erav gelding. The gray sold highest In the pool and was tho favorite before tho start, while Lizzie Warwick was the second iu consideration. Some persons, how ever, proltting by the experietico or the past, wisely took tlio Held against anr named horse, tho rusnlt Justi fying their calculation that where several norms are entered In a race the favorite is not always tho winner. The gray gelding exhibited considerable speed at inter vals throughout the race, but his breaks are or such a character as to greatly mar his chances of winning when close!v pressed by a competitor as spoody, or nearly so, as liimsolf. Lizzie Warwick, the winner of tho purse, trotted remarkably well throughout, and won the raou as much by her steadiness aa by her vigorous and speedv a lion. Rapid made a very good display of his trotting quality, and although not at present quilo so speedy as lie must oitlmateiy bocom ?, proved himself a very promising gcldiug. The following arc the details Of the race :? Firrt Heat. ?After a great deal of tlmespentin scoring, the horses were started o? equally as possible, although from their numlior some were necessarily not quite on a i'no with the rest, the gray gelding being on the inside aud a couple of lengths behind when tho word was given, lizzie Warwick second, La ty Allnn third, I.ndv Kendall fourth, with R pid on tho outsido. Tue gray imme diately dashed for the lead, took it, and went of! at a gait so rapid that, unah) ? to maintain It, he soon broke, and wai passed by Lady Kendall, who wa? closo behind. The Lady made u det?rmlnod effort for ho heal, and kept leading until between tho quarter and tho haif-mile polos, when tho gray, who had been passed successively by a'.l the others, rallied, and fl'.aia resumed his position as the lending horse. Ho, however, soon broke np again, and h si several lengths, during which Lizzie Warwick assumed tho lead, and made a vigorous effort for the heat, l'ho gray made another rally on tho backstretch, but could not overtake ibo mare, who came home a winner of the heal in 2:37?, th* gray second, Lady Kendall third. Rapid fourth. I.adv Allen (Kill. .sVc inrf Il-ai ?After a few abortive attempts a success ful start was made, with Lizzie Warwick on the inside, leading off rapidly, closely lollowea by the gray, who made a vigorous push for the lead, which, after a fow moments' slrugglo, bo succeeded in taking. The others foilowod sevorai lengths In the rear, wai'ing for some mishap tobolali the leaders, without which they enter tained uo hopes of winning the heat. With the excep tion of a break of slight duration, tho grev trotted steadily ail the way around the hackslrutch, so closely followed bv the marc as to Involve the result fn doubt, until thev reached tho homestretch, wheu Lizzie, after mnking a desperate effort for the lead, broke, and tho gray came to the stand aa eaiy winner, in 2:34''*, Lizzio Warwick se end. Lady Kendall third, 1-ady Alleu fourth aod Rapid fifth. Third i/rti/.?Lady Allen and Lady Kendall havfng been withdrawn alter the termination of the second heat, the coutost cow lay between Lizzie Warwick, the gray goidlnv. and Rapid. There was very little delay in starting, aod thoy got off arter a few attempts, with Rapid on the lead. Lizzio second and the gray following closely b.-hind. Ho immediately made a dash for the lead and passod Rapid and Lizzie before thoy reached the quarter, and went steadily onward until midway between the quarter and half mile pole, wnon, being hotly pressed l?v tlio m ire, he broke badly, lost several lengths, and Lizzie took the load. Rapid three or four lenutbs behind. The gray was rallied with some diffi culty and again got to trot steadily; but further effort proved usoless, although ne made so desperate an at tempt for the heat on the homestretch as to break into a ruu without being ablo to overtake the mare, who won the heat handsomely in 2 :34>4, the gray second, Rapid third. Fourth Hut,? Lizzie and the gray came up well to get tier tor tho word, with Rapid two or threo lengths in tho lead. Tho gray wont off rapidly al the word, passed the black horse, aud kept stead ilv onward until be had passed the quarter pole, wben be made a break and Lizzie took the lead, -he kept steadily on, with the gray inef fectually attempting lo eioee on her, all the way home, and reached the eland a winner of the neat and raoe IB 3:3ft. tbe following la a sninmary of the race:? Faauio* Couaaa. Friday, May 8.?Fare* $100; mile heats, in harness, best three la are. _ O.W. Dlmmlck entered b. m Lxzie Warwick. 1 3 11 D. Mac* enured a grav gelding 3 13 3 W. Borsl entered blk. g. Rapid 4 6 3 3 B. Doble entered b. m. Lady Kendall 3 3 dr. 1L Roden entered h m. Lady Alien ft 4 dr. TIM*. I la if MiU. MO*. First heat 1:1ft J'WX Second heat 1:17 Tuird heat 1:14# Fourth beat 1:1ft 3 36 Caacka at the Laclede. [From the St. Lout* Repohlicao, April 30.) Stables coming to tbe Laciodc ?Frank Binecko, of Kentucky, has written to tbe officers oi tho club for quarters for the fine string of horses in his stable, num bering seven. L A. Alexander, the Napoleon ot Anton can breeders, will be here this wee* with flvo of the get or Lexington. Captain Moore, with Stonewall, Fanny Cheatham (the Ally that won both two year old's stakes last fall), Itaooo, and tw* others, left New Orleans on the steamer Ruth on ibo 34th, and will be here by the Sftth. Ham Leonard, with Neill# Uwi Que, Mollis Austin, and three others, was to be on tho ram* bank Warwick M ?n the way with J. E. Johnston, a five-year old, aad aome otbarn Waldos, with ftve or Mx, M weedtog his way h. re. Colonel Rally, with 8L Patrick and three others, Is also ** route for the Laclede; In foot, so far ne our information goea, nil tho homes that appeared at the lota meeting In New Orleans over tho Metalrts. will ho In attendance at tbe May moating of tho Laclede, and theae, with th* stablo* now In muandaaoo, will give oar turf friends a ftaer fteld than baa evar boa* aaaam at any track Us America. NAILEI LAK?KT1TI0I Of THE OWNERS OF FAST HOMES. TO TMB EDITOR OT THE HERALD. Wo, the rend men end owner* of flae horses m tbw goodly city, claim year kind o?oea la making public a tew facta in relation lo tho Hartem Ian* and Mccombs' Dam read. Aa all are aware, It is th* chosen resort of all the owners of trotter* and rood horaen of an afternoon. end th* only read there le any cknnoe fare "speed' upon; an we claim Umt It should bo kept In good conditio*, parttcalarly a wn naderntaad n Urge am bra been ap preprinted fur that purpaae. fho read ha net baa stis jrstsa -ar iSw^tS tomop watering, eo since, unless aftera rat*, wo beva ban obliged to drive all the way threagh S^Tth? Eff Sf USSL STXSi Uhak thntth* aly driving road of Maw Task tboatd ha hapt a amooth a a ma treak. U?d M|ftW tal tadta MM matter, Mr. Ed Iter, aad we know we shall eaecewd m having n 'eo kept that lb* heaatlfal water* if Mew Task wtsaJl have a plna it to ataod themselva W- ????*>-* ALL rtt ROAD UN. ma ton ?i aim an. D*sv*n Ore, Colorado, May 3, lftftT. A prion ftght occurred here yeatarday between Reed id Fitigerald. Minety-aix rounds were fongbt and ad won. The ataka war* 91,000. ORCKIT iATCN NT HNU9ELHHA. PaunaLvaiA, Mar 3, lftftT. A cricket match wa aaimeaood to-(^ betwe*n th? klladelpbia and th* Toong America tJnba The Phil* ?able tTub had th* ftnt innings, end mad* ataety-ive ?aa, ef which Lara* mad* thirty-three aad fasw nanty-tour. Th# Yang Amartreaa then wnt to th* tnap ana wha pat aa called a aaadowa bad Mat wicket a tw* nan Tho match wtO b* InlMetl AFFAIRS N RKNHORO. Rionogn, Tt. May t, Iftfl. it, etgbi ml lea from Richmond, ? shooting himnelf. [byi wbM I.tow* On FMdy #mm ?, -J i of Frank and Helen Lyons, aged 4 year* and 1 moots. The funeral will take place from the reaidenc# *r ber parents, in Ctnaa nnw, south side eff Flnshmg nva boo, Brooklyn a Hun day afternoon, at two ? elook. 'A 'AAn .aEU 9m ATMHft/aR] CITY IHTELLIGENCE. 7 T? Court at Pouck H kidquartrrr ?T fl# rntnm)^.?f on Law Department of the Board of Cb end! men held a meating yesterday at their rooms 1A lh, aty Hall, Meetr*. Hart man and O'Brien artiuy i?. Dr<-en. and Councilman Webber, absent. *Theirobtect is to Inquire, pursuant to a resolution th, Coua. cUtnen Into the authority of t>^ ofjilm. aSS missioners, In directing a cou-.g M be hold at police head quarter, to hearromptalntr as has been rrSentlydon. by Alderman White, the. CounoHmen declaring thai such aathorlty exists or.iy at places designated by law. The Corporation Counsel was expected to be present, but did not attend. The committee, without transact ing nay business, amounted to meet again at neon oo Monday next. OouNiHgainas' Goods Fount?About four o'clock on Monday afternoon reondasMn ConoUy and offloer Long found at the foot of Eightieth street, East river, two tin boxes containing n quantity of counterfeit platen. There were a $30 plate of the Waterbury Bank. Conn.; one $2 plate on the Brandos Bank, VI; one $2 plat* on the Lyons Bank, of Wayne oounty; one $2 plate on the Farmers' Baak, of Bucks county, Pa.; one $10 plato on the Atlantic Bank, one $6 plate on the Belvidere Bank, one $2 plate on the Genesee Valley Bank. Beside* these plates there were five others an finished on various banks and twenty-one large plate* for the old atyle of fifty cent currency, a small five cent currency plate and four rollers, which are used by counterfeiters for printing purposes. All the plats* are engraved in the highest style of art and denote thai the counterfeiters must have been cracksmen in their peculiar and dangerous following. It is supposed thai the boxes containing tbe plates were thrown overboard by Home persons desirous of not being captured witi| such tell-ules in their possession. Rsvkncb Seizure.?Anout three o'clock yesterday at ternoon L. P. Hulburd, an officer of the Internal Rev* nue Department, made a seizure of two tracks and lwf_ cart loads of whiskey, which were placed In front d Gordon, Fellows A McMillan's distillery, No. 07 Ned street. The officer was assisted by three officers of thfl First preciuct police. The Express Package Dodge Agaw.?About nine o'clock yesterday morning a young man who represented hlm aeir to be n messenger of the Merchants' Union Express Company, called at the residence of Mr. Chan. Denny, No. 140 President street, Brooklyn, and presented an envelope purporting to contain a draft for $1,900 from Cubs. Barker, of Baltimore, in favor ef Mr. Denny. The envelope was received and the freight charges, $6 80. paid to tbe man. Of course the swindle waa discovered when the rogue bad made good his escape. It is Strang* that some one of thAso express swindlers Is not caught by the police. Although day after day complaints ar* made of their doings at the central office, th 're naa not as yet been an Instance wherein one of the swindler* has been overhauled. Live 8avwg Apparatus. ? Another session of tbe gov ernment commission, charged with the Investigation of life saving inventions, was held yesterday. After ex amining several inventions. Dr. Doremus waa introduced and delivered an interesting address on the important subject of extinguishing fires at ??a by means of car bonic ncld gas, which he said could be prepared for us* in such an emergency. Board op County Canvassers.?The Board of County Canvassers met at eleven o'clock yesterday morning, and after completing the canvass In the Eighth, Ninth and Sixteenth wartb, adjourned to eleven o'clock thia morning. Comptroller's Oppicr. ?Comptroller Connolly baa made the following appointments:?Roday S. Brasail as Clerk of Washington Markot and Jeremiah R Creeds* llerk of Catharine Market. Found Drowned.?.The romnins of an unknown man were yesterday found floating In the Narrow* and towed up to the city. Deceased was about thirty-five yean ef ago, stout built, with light hair and side whiskers. He wore bluo pants and good boots, bat bad on no coat or vosi. Ho had a shoath knife In a belt which was secured around his waist It is believed deceased was a German sailor. The remains were conveyed to the Morgue, where an inqiest will be held by Coroner Wild ay. Firs in Mott Strrmt.? Between one end two o'clock on Friday morning a flro broke out In tbe grocery store owned by Charles* Fandheim, at 184 Mott str et. The Dames spread rapidly, nud before the firemen could sub due tbom the whole of the stock was destroyed, amount ing In value to about $800; insured'for $1,000 In the Bowery Insurance Company. The fire burned a portion of the socond story floor, damaging the furniture of the occupant William Hammer, about $100; insoqpd for $2&> in the Continental Insurance Company. The owner of the grocery store occupied a portion of the rear of th* store for sleeping, but at tbe time of the breaking out of the fire he was not there. How the fire originated Is efi present unknown. Am dents, Ac.?Roger Lafferty, n laborer, reading at 124 East Fifty-sixth street, while attempting to jump from car 66 of the Third avonne route, yesterday warn ing. accidentally fell, when the oar paomd over hi* right foot, mangling it in n dreadful manner. He was con veyed by one of the Nineteenth precinct police to Belle vue Hospital. Fred. Frfok. a carman, residing at 27 Cannon street, while driving throuch Sooth street, yesterday, when In the act of turning up Wall street, on# of the wheels sud denly switched off tbe (rsck. and, throwing him to lh* ground, passed over his face. He was immediately taken to BeHevno Hospital by on* of the First precinct pollre, ~' M1WC ELhA.VKOU>, ^ REAL HEALTH BEVERAGE. HOPE'S MALT EXTRACT STIMULATES SO LITTLE THAT THEME IB MO UN F LHASA NT REACTION. 1 have been a sufferer for many years from NERVOUS DYSPEPSIA and CHRONIC 80 RE THRO All My daughter, Mrs. Stepbenoon. of No. M Buckingham otioot, Hartford?who ia also an invalid?whom I ponuadod I* tend for eome of HOFrfi MALT EXTRACT, gave mo three or fonr bottle*, and I AM SO MUCH PLBABBD WITH ITS EFFECTS that I wish to give It a trial. I have tried ao many thing* without benefit that I have be come quite discouraged. I PELT the MKBD off aaooo thing to strengthen me, but all klada off ALB, POR TER ami WINE DISAGREE with HE; but HaTo Malt Extract te Jut the THING I need; IT STIMULATE! SO LITTLE THAT THERM IB MO UNPLEASANT EN ACTION, AND DOER NOT TURN ACID UPON TBH STOMACH. iFoilowe order.) MRS. H. L CHAMPLIN. Est ax. Cool, April IB. 1MT GOOD TO 1 CONSUMPTIVE CONSTITUTION. I avail myoalf of the opportunity to eta to that Boffta Halt B smart hat don* a ORB AT DEAL ef good te my CON. STTNPTIVE CONSTITUTION I shell he happy te BH COMMEND II always. P. O. WEBER. BrarncrtRL*, Ma*, March IB, 1M7. PRICE ffi PEN DORBN. ORDERS PROMPTLY EXE CUTED. HOPE'S HALT EXTRACT DEPOT, MO. MB RROADWAT. ??mtP?Advlee tree ^'etSSyewSIeo H. MUMNBL. Lawyer. 71 Broadway. publicity or foe ?rml pOKNS. BUNIONS. ENLARGED JOINTS.?ALL PIR VJ mam of the foot cured by Dr. IACHAEIB, 7M Brood N?y. CORNS, BUNIONS. BAD NAILS, AC., CURRD BT DR. RICE, as Rewery, Beak Buddie* Prtee'a Annihilate* ruroo Ootna, hnaloa* Meant*. rtlVORCRB LBOALLT PROCURED FOR PERSONS U from any State or ooaairr, without publicity or ehanga tf rooldonno; laoompatiblltty, desertion, be.. ouBtatout ease*. Advtmfroo end confidential. Appiy to R. RATRMAN, ponnooDor at Lew, ITI Broadway. ^hPPICIAL DRAWINGS OP THE GBOROIA STATE U Lottery, tor the benefit of the Maeoaie Orphan Heme. ibirsm _ On. N. T. EUALISRD IfiTTRRIRS iwad oa all In vestment. y and TT Raman Mr**t BITUAMOfil NAFTID-WALSI. ? ID AV-A RBSPBCTANLl GERMAN WOMAN. a* I firm elate oaoh i aaohtooMoatoiheoonniry; goes refer msTpoR toom l> te ? rdwh f ID At.-A OCRMAN am. AS CHAMBERMAID wdl not gn to the eenntiy. I CARMINR ST., REAR BUILOIMO, FIRST FLOOR - t A French lady in do daraNmrk in prtreta families; ma MRhdfitwalTAddreee Mm. Merrfll. 1 CORNELIA ST., NRAR ffTH AT.?A HIORLT RK ?perwbie sad *em*elewt mdddto toed fimwim* wo ma ae h i jwerepav; romp.trni to take charge of e dairy if tqutved; the country preferred. Cell or eddrem 7iTtHtT)N ST., NEAR T1IK BOWBET-A NI'MEER rf well recommended orrmeo glrle. Mrs Lewe't U*r> MM IhMUet*