The New York Herald Newspaper, April 27, 1867, Page 3

NEW YORK ss] ERALD, SATURDAY, APRIL 27, 1867—TRIPLE SHEET. 3 be done under them, void and unconstital ‘vidual or individuals who would prevent that act, This ‘can execute | seme minor details, whigh might of themselves be val: doctrine is fully sustained by the decision of this court if standing alone, were al er and purely auxiliary Baten ws. eoteh y, 18 Howard, p. 341. Hom, if aaa nition of a ;, Ibis exactly what rats incre ce vcr er jaw maker, he ta the law expounder, and = ‘he executes the law often’ with =o The Mississippi and Georgia Bills Be- to & court of equity the and the sound principles. Such: never affords the fore the Supreme Court. he right setup here, the | dhe. wil exeoute me, Whether he will exo. | spec edy. 1011 not the only remedy silghtest veafon for withbolding the exercise of Jor infractions of that right the relief which is | cute it by the rigor of martial rule, displacing the as applicable to minor corporations, and is it not the oply | tiou. It has often been said of courts of justice, tat asked from this Court to establish that right. First | civil authorities, or execute it by leaving them all in per- | Junctions. pated in | remedy under the equity system of this high tribunal proenelly epeakie, their decrees execute themselves. of all look at the time and state of things when this bill is Play, he has never said. The first practical thing a8 applicable to these great corporations that come here | Sach in was the case in all those questions of voun- filed. The ink with which these acts of Congress were | to be done under these laws is the appointment of boards | 98 under the constitution by which this tribunal was ‘The Court had ‘bat declare the line, and ttorn bery’: Argu cagrosmed, is hardly dry, Congress has just adjourned, | of registry to make a registration of voters proparatory | attorney: of framed and erected—who have secured in ‘constitu- | all the political consequences followe@. So in this A ey General Stan 8 mt at once the controversy that raged there a few | toelection. That is the fnitiatory step. It tas not yet | shall tion the right to maintain an action inten es case. ‘your honors’ decree will execute itself. Award woeks is brought here to be settled. The President | been taken; bat it is to be taken, and the es} prayer | of the against the people of any other State than their own, | the writ of and may be called Against the Georgia Bill. attempted to settle { constitutionally, he attempted to | of this injunction is to atop that very thing, with a series | disavow Who way invade any rightof theirs? I ask whether | an executive officer is appointed, though to bo sure ive the relief which ts sought here in the exercise of | of others that are to follow afterwards, re is an at- | patl it is Precisely the appropriate remedy for that | appointed, by yourself, Your Clerk maueg it a8 a is constitutional powers; the President, while these acts | tempt to induce a court of equity to stop an election—a | method, greater corporation—a State of the American Union—in | sort of announcement of what your judgment is and were upon their passage, attempted to stop them by his itieal election—to prevent the registration of voters, | tions order to guard against ite inction | it becomes the duty of the Executive to carry it into Mr. Charles O’Conor’s Pi in ler the constitution, a dearee of a court of equity, before any registration | by 2 means which aro unconstitutional and uolawfal? | execution. If he fails in bis duty and refuses to exe- s ea majority. | is made. The evil lies away beyond that—the evil is not | acts t if is sald wo have not proper and competent cute it your office ig performed. You have redeemed all Favor of the Bill. anything | in registering the voters, but in something that the voters | the that here iss suit against Mr. Stanton, General Grant | your obligations'to the constitution, and the ° wi commandery | are afterwards to do, and something that the conven- | and and General Pope, who happen to be citizens of other | the consequences, the evil and the punishment, the &e. beginning, | tion is afterwards to do, and something that is to be the | is that States. But, says the learned counsel, if they happen to | odium of the present day ‘and ithe ehanie will fail &e, &. if there ws | result of ail these labors; but these things have not there be citizens of the District of Columbia or of somo Terri. | upon the wrongdoer by the impartial voice of the disin- he execution | happened, and my friends propose to — by ing | 20 tory, the State would have no remedy in thia Court, and | terested world and of @ posterity that will be removed : on the | you to stop the registration of voters ey say they | with: would be obliged to go without any. Now, with great | from the passions of the present day, all pass by your Wasnrvorow, April 26, 1867. the last act was passed before the | can have no adequate inst tliat of eq respect, ae ore Barrow view of the subject, The | honors and touch you not, They rest upon the Exeou- The motion of the Attorney General to dismiss the even appointed military commanders | and the evils that lie beyond except in a court | cause Paneaibation ofthe Inited States has undemaken to tive, who violated the law, The constitution declares Dills of complaint filed by the States of eget the of Ao yg ‘They cannot wait until the laws are exe- | and tect these States against foreign invasion, At all ev: that he is bound to see the laws faithfully executed— y the of Georgi cuted, but they must have relief now, prospectively be- | cbiev: it bas undertaken to protect them against domestic vio- | not to see every act of Congress faithfully executed, but ‘Mississippi respectively against Secretary Stanton, Gen- fore they « are pat into exeoution, ‘and the fit this | after lence on application, not ¢ otherwise, of the TLegislature— the laws. In seeing the Jaws faithfaliy exeouted, he mast Grant comm: districts. cou! stop the registration, ave heard after vernor, }@ 18 not sitting— | Of course carry into execution the judgments of courts of = auninnn lear premio of a great many bills in equity'in various States, but I | framed referring, of course, to the existing oes of competent jurisdiction cette upon Casés with- 4m one case General Pope and in the other case General Ord—came on to be heard to-day. The court room was in their jurisdiction, and. when his Postmaster General 18 directed to make an entry, as in the Kendall case, or ; f that it was the prerogative of a | hua election, W! ‘hat are the con- | stated undertaken nor does it seem to have been contemplated i &. d = s an crowded by lat i sequences of an lection? To make officers and invest that it would interfere with domestic troubles occnrri when his subordinate, E. M. Stant is directed, as in “ y peldeae yan agi sanai on them with powers. If these officers and these powers within the body of a State. As to thom, the State was | the present caso, not, 10 lasue tn order to carry. into thor intoreat ites, among) Secretary are going to invade any ta, they are the rights of deemed competent to take care of them unless rose | execation these acts of Congress, it is bis duty ‘bowing the Treasury. All the Judges of the court wage on the other officers degally executing some power, Do we go | same. toa very great pitch of violence, so as to become whht | bis judgment to that tribunal to which 1a distinctly com- bench. xecation to a court of equity to be relieved against an officer | these: we commonly call an, 1 which the govern- | mitted by the Constitution, in the last resort the deter- Are t of the Attorney General. that mean? That, I say, is nothing but judicial elected? Take the case of an officer illegally elected at | and ment of @ State cannot with ita ordinary means put | mination of all questions as to the validity of acts of in fact far superior to the Presidential veto. A j an illegal $ 80 elected, be has no right to down, The constitution seems to bavo supposed that | Congress, so far as they may trespass mn the provi- the deal efliciently with their own citizens, and has given them no privilege of suing their own citi- zens in this court, but has only given the privilege of suing sister States, foreign States, the subjects ef foreign ‘States or citizens of sister States. It is true that the framers.of the constitution do not seem to bave been so cautious as to take into their consideration this pice ex- ception, that by possibility there might be some Ne living within the district ten miles square or less sions of the Constitution,” to withhold his drders and proceed no further. It has been suggested that this court cannot issue au injunction to restrain the coart for the trial for impeachment, from condemning the President in case he shouid obey its mandate. Tha is true; but there is a higher injunction than any’ this court can issue, which does restrain thé court for the trial of impeachment trom condemning thé President in such acase, The judgment of this court, Uhat the performance ot these acts in relation to holding elections for State officers through military agency is not warranted by the constitution and an infraction of it, and forbidding General Pope to hold such an election, would be a judgment im rem, a judgment upon the very point, a judgment as distinctly pronounced between the majority of the American people and the American con- stitution against Androw Jobnson as the forms of law and proper decorum, 11 administration, and necessity, in fact adwit. It would be essentially a judgment in rem, and if Andrew Johnson was impeached before the Court of Impeachment for not having carried theese acts into execution no plea would be necessary for bin except, ‘‘I tasued an order to my oilicer to obey these acts. That officer was subject to the jurisdiction of the Supreme Cours. The Supreme Court is the final tribu- nal to hear and determine questions touching the va lidity of an act of Congress. The Supreme Court en- joimed that officer not to execute these acts, and there ‘was no way in which I could execute them except by violence upon that co-ordinate tribunal, the Supreme Court, because if my officer went on and rofused to obey their directions they would attack him; it I forbade the Marshal, my subordinate, to execule that attachment, they would attack him, and thus an un- worthy, contemptible exhibition of conflict, rather of evasion than conflict en my part, would be exnibited. ‘That tribunal, which is the judge in the case, entrusted ‘The argument was commenced by Attorney General | y, 7 6, eto, @ judicial semtence of a court of the last resort is | intrude upon the I officer, But is that a case fora Sraxgsny, who said:—It is stated in one of the briefs | tinal, and no Congress, and no two-thirdsin Gongrees can | court of equity? I never dreamed of {t. It 1s a case filed by my learned friends that no more important case ——— _— seu ago stands ys — wok for pala warranto. But these defendants cannot oy nouns una! rema.ns here for com! ie registration, These laws than this has ever been before this Court or called | cannot be set aside by any change in the popular senti- | man in Georgia, black or white, to be registered, to ite attention, or submitted for its decision. | ment. It settles it forever. I say this is an absolute | nor do they authorize the’ military commander to seize If the gentlemen mean that the question set pa is prsciasis the names aati the oro par pea aa yan for not going to the election. It is was that? 0g officers, chosen entirely e citizens to decide for themselves ep in bare bill: is the question before this Court, if they | quring the republic to protect the intereste of the people, | whether they shall be registered or not. You cannot mean that the question which now divides the people | cailed “tribunes,’’ had-no insignia of office, no rods, no | very well stop them. What next? An election is held might be ceded to Congress for the seat of government of the United States into two great parties is here, if | lictors preceded them, no emblems of sovereignty ac- | Who votes at the clection? Just who chooses, How is who would vs bs £6 Gltisona of any Stale, and Shere they mean that the great controversy as to the mode | Companied them. They had not a house; they saton | do you know that anybody is going to attend that elec- | mands, the holding of an election, and the holding of a | fore not ore. for by this provision, Neither do they and manner, and time of reconstruction and the settie- | benches; they dared pot enter the Senate house; they | tion? How do 9 You Know that an election will be or- convention in case the electors vole for it, and the | seem to have taken into consideration that there ever ordered, Georgia is going to accept the | establishment of a new State government. And the would be any considerable number of persons in the whole ‘Congress ? ment of the state of thingsconsequent upon the rebellion | Could only be elected from the plebeians. And yet the | dered, or that, 4s here for decision, I am quite willing to admit, although | Majesty of the Roman people was represented by them, | offer made by The people that the State of | first act further declares that until thase States shall be | world other than citizens of the menaced State agdinst I am accustomed to hear lawyers overstate the impor- | @0¢ they had authority, by pronouncing one word, | Georgia comes here be prciens can protect themselves | thus admitted into Congree: any civil government that | which the State would have any cause of complaint that tance of their cases, that the importance of that question | ‘‘Veto,”’ to stop every ordinance of the Senate—to stop | against all this mischief by nos going to the electi may exist therein shall be deemed provisional only; and | it would desire to redress, except their fellow-citizens of cannot be overstated ; but if that is the question hero I find | the execution of every law, absolutely and conclusively, | because the mischief is the election of a government | it provides that in all elections to any office under such | other States of the Union or strangers who wero’ subject myself in a very awkward position. If the political | Without appeal. That power was called by Cesar ‘‘Ulti- | that is going to displace the existing government. But, provisional governments all persons shall be entitled to | to foreign nations. That isa little bit of casus omissus; question is here, and I am to talk asa politician and not | ™4 jus tribunorum.” What is your Honors, | suppose the 0 to the election and vote for dele- and none others, who are entitled to vote under | a trifling ovil that might possibly exist, but yet nover asa lawyer, 1 should rather choose totake my place by | Dut that? Here, upon the passage of an act of Con- | gates? The delegates are not obliged to go to the con- | the fifth section of that act; and these persons are the | hasarisen, never has existed, for which the constitu the side of’ the opposite counsel, and argue with them | stess, before a single step is taken toward its | vention, There is no Jaw to punish them for not attend- enrolled and registered voters admitted by the act and | tion did not expressly provide. But the constitution did . the political question ; for all my sympathies, so far as I | @xecution, before any case aries, before any | ing. If they go, they frame a constitution. That is left voting at elections held, not by the State officers, but | provide that a State should have a judicial remedy ama iticran, are with them. If, eneaee ‘as | con. | individual is burt, before any parties appear, comes | to themselves. Congress simply says that a certain | Under the direction of the commanding general and by | against any individuals who were beyond the reach of ceive that question 1 not here at all, if here we are only | the State of Georgia, and makes parties those who | provision m regard to suffrage nfust be ineerted in the officers appointed by him. The effect ig to restrain at | its power and process who might do it an injury, and of to consider a judicial quéstion andthe case before the | have not as yet executed the law, but who threaten to | constitution or it will not be recognized by the legiala- | once the holding of any eiection within the State for any | course who might menace an injury. If these were in- Court, and if, as 1 approbend,.I am to speak only as a | execute it, that is, those upon whom the law imposes | tive department. If the Convention cannot agree, there | oflicers of the present State governments by any of the | vaders the general government, through its political de. lawyer and {o the case, then indeed I feel myself to | the duty of execution, asks this court to stop the | is an end of the whole proceeding. But if they agree, | State authorities; directing all future elections in the | partment, was to resist them. ‘If they were individuals, be in the right position, , I may be allowed | execution of the law, to decree that it isa doad letter, | and make a constitution containing the stipulation pro- | State to be held under the direction and by officers | who did not come with the strong hand of invasion, the to add, on the right side; ‘and I shall take | ‘© say that nothing shall be done under it, to say we | vided for by the people are then to hold an notre by the military commander, and directing that | State was to have, as a means of protection against un- care through the case hereafter to speak of it | Veto it, we forbidit, Is not that-absolutely so? It this | election to ratify it, If the people ratify it it will be be- il persons of certain classes described shail be the | lawful acts, the right of coming into the Supreme Court as a lawyer, and to speak of the case beforo the | can be done the same jurisdiction may be invoked | cause they likeit. It is left for them to do it or not. electors permitted to vote at such election. It is, there- | of the United States, ahd appealing to it as the original Court, for in my judgment the great question that now | Wherever you can get nominal parties; may be invoked | If they do itthe next step is to to send the constitu- fore, in the language of our bill, an immediate paralyz- | tribunal. This right is given in the constitution divides us, trom d of the country to the other, is | i@ regard to every law that Congress may pass before it | tion to the President, and by him it is to be | ing of all the authority and power of the State govern- | itself, This ts the court of first ingtauce into not here at all— to be discussed, and certainly not | Proceeds to execution, and before as yet a case has | sent to then Congress is to act. | ment by military forco—that is, plainly setting aside the | which the State is to come. That it is to to be decided ; for although this Court sits to entertain | arisen under it. If there is a power in this court to | These things lie in the unknown and unascertained | presemt State government and depriving it of the | have here all the remedies for the enforcement of ity S great cases and to decide great questions, that question | Veto laws which the people consider wholesome and | fature. The appointing of boa ‘Of registration lies | mecessary means of continuing its existence It is | rights that are usual and customary accor to the this Court can never een qt is pers ‘ope ay rsa necessary, and instruct their representatives to pass, it | within the pay of i Apne Pino but be- | substituting in its place a new government, either pro- | laws of the parent State and the jpn Oh the | with the right to decide it, finally decided these acts to visional or otherwise, to be created under a new consti- | colonies as they were, and of . of these States | be unconstitutional, and I could do no more than yield great controversies that your honors can take cognizance | 8 high time that they should know it, but such a power | yond that everything is choice—everything is elective. of. Then, in the frat pines, let me perfheowdie - ‘as few | has never betore been invoked. This is not the first Things may jeg things may rey hi ven, just ac. | tution and to be elected by a new and indqpendent class during the short period ‘Ms States that were words as possible, to got before your Honors what is the | Occasion of which the people bave been convulsed from | cording to the temper and: disposition of the people who | of electors. What is the elfect of this upon the State | allowed in courts in cases -OFlin equity. A State case and the question submitted. I think the best way | one end of the Union to the other on the question of the | are to act. As yet no one of us is so wise as to nee into | government and upon the State now existing? The | of the Union, then, ws a body ‘and corporate, im which I can present it preparatory to tue argument is | Constitutionality and expediency of a law—tariff laws, | that future and know what is to happen, or whether the effect is precisely the same as if, in the case of a private | which is unable, like other Sates int led to be per- to begin with the laws or acts of Congress that are bere | annexation laws—and it would take me a long while to | mischiefs that these gentlemen see in the distance are | Corporation, which could only keep up its existence by | manent and fhdestructible, to protect itself by any Drought in question, upon the execution of which, it is | 0 to the end of the chapter. Laws of various kinds | ever going to take bodily shape. As yet the case is like | restlar periodical elections by its stockholdera, the | violent means against those out of its alleged by the complainants, that they are tosuffer injury. | have been passed again and again by Congress as to | the dream of a poet; it has nothing of local habitation, | persons having an interest in it, the owners of its fran- | lieu of that the federal government ig my obedience to the constitution as interpreted by its chosen interpreter, and no further execute these acts which Congress had no authority to impose upon me. ’? Andrew Jackson might have bad the mandamus disobeyed in the Kendall case, by transferring his Postmaster Gen- eral to some other office; but it would have been a vio- lation of bis duty, So Androw Johnson might, :n this 1 deem it proper that the Court should first be fally po! which there were questions of constitutionality and | nothing of substance in it. And it is said to be chise and the right to perpetuate it, they were forbidden | tect against violence and invasion; the its case, neutralize an injunction by removing General seseed of i Bri of Congress and of what hig eee propriety. If there was aiways a power here in this | case for a court of equity! ‘The ‘cours does not sit rd to vote, deprived of the right, or a Tange ‘number of | tibunal, the Supreme Court of the oy y Pope aud substituting another military commander, Defore considering the statements of the bill of com- | court to stop them before they get into prac- | the purpose of deciding questions—uncertain questions, | them were deprived of tne right, and a | obliged by the terms of the consti y State | but it oe ihedt am Rf! Loa Ae vritten 4 b Dp. 349, plaint; for, without understanding what the acis of | tice, before any case had arisen under them, it | contingent questions—that may be carried out in one | mass of persons having no right whatever | can show a case of an injury done or Congrees are, the allegations in +4 bill will not be well | is @ curious thing that this court was never | way or sacther way. Courts a for things practical, | were introduced — for instance, the inhabitants | able by the Speen tf processes of a ‘understood by the Court. Tuese acts of Congress are | before invoked om such an occasion, That on | for rights ascertained, for injuries committed of the various towns through which a company rans its | against any one outside of their jurisdiction very recent, Itisonly within the last month that they | the contrary, the people thought the only way todeal | to things in shape, in sul nce, tangible. | railroad. ‘This is a direct attack upon the constitution ; their reach by their own courts and pi were passed, and yet they are. said to be here for an ad- | With those laws, if they did not approve of them, was | It mus} be a thing m rerum natura; and there must bea | Of the corporation in the case supposed: a direct at- | them such remedy as 1s usual in cases, judication. The first is the ‘act of March 2, 1867, pyssed | to Send new memoers who would act upon them to | practical threat to injure that thing before the prevent- | tack upon the constitutiog aud fundamental law of the | My learned friend’s remarks about tho rejection in the dy the Thirty-ninth Congress, towards the close of its | Suit the views of the people. That was their relief; or, | ive power of a court.of equity can be invoked. Now I State in the case before your Honors. In the case before | Convention of tbe proposition for a council of revision ‘session, over the veto of the President, entitled, “An act | if jaws were unconstitutional, the people waited until | say to my learned friends that their whole case is an- | your Honors, it 850), was quoted to show that the Supreme Court wus the linal arbiter of constitutional questions, It imay be entirely clear, that if this Court should issue its injunc- , tion to restrain the subordinate officers of the President, unless he override its orders, he might be condemned by the Court for the trul of impeachmenis. It i equally true, however, that the body which would be y be of importance that it should be | offer no objection to the jurisdiction of the Couft in this . for the more efficient government of the rebel’ States,’’ | @ case arose, until somo individual was affected by | certain, contingent. They say there is mischief in the | Understood at the outset what we mean by a State. We | caso, ‘He says this Court was thereby divo: from | obliged to initiate and finally to determine that prosecu- The Attorney General ded to state in detail the | them and appealed to the court for redress. ur laws | future, bat whether tt will ever come no mortal man | Claim that e State consists at all times of the sin | political questions. Not so at all. This Court twas di- | tion nas, in virtue of its logislative power, ample means rovisions of the ilitary Reconstruction act of | p¢rate on individuals and have their virtue and efficacy | knows or can see, This point was illustrated by refer. | ‘the ultimate sovereignty or domimon, | vorced from any participation in any shape in legislation, | 9 do a great many worse things than that, By repeal- 2 and the supplementary act of March 23, | in operating on individuals. Then, in the case of some | ence to cases of contingent interest and possibilities | Whichever name may be given to it, the sole power of | oF at least legislative power was not confel on it, | tog old op taped be Reset pew Can we .. pol ay This 1s an original bill m equity filed in this Court. The | individuals, the general nuisance of a bad law becomes | which have boon held not to be cognizable by a | government within that State; in other words, each | The jurisdiction of the Court, as a court ci under Pedi completely evra pan ay pilheind minister justice; but it is no argument, when we come into this Court and ask it to exercise its powers within i under the Constitution, to say tnat violent, lawless, revolutionary meas- ures, jnvelving a violation on the tof other ‘de ments, might, by posvbility, be be indus by’ its proceedings, and therefore that it should refrain from performing tts duty. Quite the contrary. It is only for the Court to seo that. it has a duty to perform and to perform it; and thin vrings me to question which has not yet been presented to the consideration of your honors, Whether these acts parties to it—I am now speaking of the Georgia case— | & Special nutsance, he may bring it before the judiciary. | court of equity for preventive relief. If the Court | State of this Union and every republican State consists | the constitution, was of course intended to apply to all are:—the State of Georgia as complainant, ‘and sole com. | Such a question 'was made in the convention that | pleases, 1 hare, perhaps, ‘spent time enough on these | of the whole body of electors; those who, by the estab- | questions with which the Court was capable of ‘tealing. nant, and Edwin M. Stanton, the Secretary of War; | framed the constitution. The scheme then presented | poiuts; and I now come to the last point, which is that | ¥iuedfundamental law of the State, have in them the | My learned friend has spoken pee Mysses 8. Grant, General-in-Cnief of the Army of the | Was not half so bad as thie, But something like it was | we have here, after ail, nothing but a political case, | amtire power of government, All other persons are | the ete remedy. There can no ge ranks United States; and General Pope, the Military Com poneed by Mr. Randolph, the elder, in the convention. | Now, suppose the mischief which 1 say will be con- | under the protection of the laws, ‘to be sure, and are en- | in this irt upon the government of a te for exer- mander of the Third Miliary district, in which is com. | He offered this resolution :— summated is consummated ; sup} i hat is pro- | titled to the advantages of the government, | cisiug its powers. That ie a State oifice, and I appre- the State of Geor as defendants. These dif- Resolved, That the Executive and a conventent number | posed to be done is done, and all that is future and con- | And bestowing those advantages is a duty | hend that aquo warrant by the judiciary of a State ee tice aa aay dimmed” sxampariiea te teatr! of the members of the national judiciary ought to compove | tingent become actual and past, and a constita- | devolving apon those who possess the political | azainst its governinant, would be very much like that citizonsbip, viz:—That the Secretary of War is acitizen of | O¢ the nutional leghlature before itahall operate: and every | “On 18 framed under these laws and is er, But the political power and the | which my friend condemned the other day; the State of Pennsylvania, and General Grant and Gen- | act of a particulur legislature before a negative thereon | and ratified by Congress as the constitution of e, in a political judicial sense, recognized | a eral Pope are both citizens of the State of Iilinois.. That | shall be final; and that the dissent of mid Couneli shall | Georgia, and then an appeal is made to your | t courts of justice as a body politic, im which capacity tional legis- | honors,” not to prevent, but to restore, to keep, to pre. | alone it may appear and act, as composed of what is - | amount toa rejection, unless the act of th ts the character of the case so far as the parties are con. os rel von ey he grag il being contingent and future, but we bave pro- proceeded ‘anal ‘variot islature be wet contesting State ization as | Sometimes called the great body of the ple, but | sented plainly aud distinctly facts that cannot be denic path oda bill of pF ‘alleged | sain ved fof the wathbere of eack branch. tne Pha npn chong ‘of Georgia, What sort of a ques. | which, to be definite and for the present purpose, I wilt | and have not been denied, "the President says ho will ox: | are of a description manifestly within the prohibitions thse acts of to be unconstitutional Here was an attempt to give & qualified veto power, to | tion would your honors then encounter? Just the same | Gesignate as the electoral body, those who vote for the | eucte these acts. General Grant lias issue'l an order that is of the constitution? IfQhe State of Georgia is not in aud vord, recited the origin of the State of | be vested, not inthe judiciary alone, but in the judi- | that you encounter in the Dorr case—Luther va Borden Legislature as the fountain of’ all Jaws existing in the | set forth in the bill to the commanders of these various | the Union, there of course 1s an end of this case. She Georgia, and claimed that their execution would | ciary with the Executive sitting as a Council of Re- 1y—a new constitution formed by the people of a | State or government. The State of Georgia stands before districts, transmitting to them copies of the acts and | ‘8 not here asa competent suitor, and the cannot annibilate the present State of Georgia, take away all its | Vision upon every law, after its before it had one ‘under the authority of these ‘and un older | this court as being a State in its political capacity, and | declaring that they aré to bo carried into execution. The | be entertained; but we have laid before the , 1 & political rights and interfere in ite domestic irs ip ne into operation, before its mischiefs were developed. | State constitution termed by the ‘under due | as capable of jadicial recognition, composed exclusively, | minor officers have declared their intention to execute | document presented, such a multitude of proofs of the particular, not committed to Congress, especially as to | It tound no favor with the Convention. It was rejected, | authonty as they al These two sovereignties at | from nosey samaning so tee present time, and under | them. My learned friend eays that the court will not | recognition of Georgia a a State of the Union, by all Ce ie ipege se enee ‘The | and, instead of that, the actual veto power as it now nse cuter inlo contest for eupepmeay. Is that a sort of | ite constitution of 1865, of white male citizens above the | act upon fears and aj Dall alt that the President, alt he vetoed these | xists, a by General Pinckney, was adopted, which honors can decide asa court | age ot twenty-one years who have performed the ordi- | oth 7 & dill vored ‘considers | instead of the judicury from the consideration | of equity? ‘they Some | Bary duties enjoined by the State in contributing to the | equity jurisdiction. It m acts and endea to prevent their passage, = rieiapauen ‘rom of equity? In the first place wilt aot stop to ome ja by a content pe Bi hee 7 wore: it his duty to execute them, and hence it becomes a part of | juestions, to consider a law only | toa court of equity, they will settle that burdens of the State government in ; but when when it them in far as they have had an ity of wil of the functions of the Secretary of War and of the Saco Conger 4 doing aoeh eng aoe come its execu- | old State government, if it isa legal one, has aright to | by law, as j- | tion, upon a ir cage and with ¥ @. Com: General to receive orders from the Presi adm gen propel fgg nny” fed resist an; ernment oe ¢ ymanding d transmit them to the proper officers who are to i see, upon this point, hich qascete these laws. it alleged that Mr. stant ture, but the whatever it] it a force that it cannot withstand, what | persons ton Genera tm speeches that ‘intend to | may de, bas not arisen, for they must show a| then is its remedy? To come to, a court of | membersoftheState,nearly equal tothe white population; | « particu) issue cea orders =o President | Controversy with a party, not &@ controversy ity, to ask co to enjoin the advance | and the question before this court, of course, is, whether substantial? ly ahall give them. It is further alleged that the with the law they must show an individual right, not a Of the hostile force to ‘say to the commanding general, | they can believe what is asserted in this com t— | of ts as a difficulty, The President has appointed and designated for the pneeel means Tia This court does not sit as conser- | ‘You shall stop your march. We hold that you are not | that if the door is opened to these persons they will to wnat? Nota lack of preced district in. which ‘a Military | ators over publ rights and as such to them in | the rightfol government, this otber is.’ The constitu. | @xercise the privilege of seizing upon the government. | in this court for the jurisdiction of its mere franchises ve the of an ob- | tion contemplates exactly that state of things. If the | se the political power and constituting a new and | asa State, for the assertions of its sovereign authority Georgia is com} semendey, Gsacral Foge, 8 of Lath emp ba ferent State altogether from that which has heretofore | over territory, or of its governmental authori very beginning it out im speeches and threatens to execute noxious law. It sits only ina controversy after acon- | existing State government of Georgia, which these gen- trove Hitical ority, if the word “* 5 ersy hagarisen, If there was no other to | tlemen nt, is the | ‘State, it will remain ihe | existed, and wipe out of existence the Georgia of 1776 | litical authority, 10 Wi sovereign ‘consid- a atte San ‘These are “hodatgors, tnreesz0ed ec, the case this would be sufficient, namely, fe yy legal Aida nesihonamtite taiss nee If, as they | and the Georgia of to-day, with all of her corporate | ered appropriate. The decisions are mumberiess. I ‘these are the rights troversy has ever arisen under this lew with any party, | say, these laws are unconstitutional and void, no author. | rights and franchises as a body politic? That is the | may say thats State may bring such a suit, but he says avert these dangers citizen of a State, public officer, or anybody else. ity given under them can ever prejudice the State. Is | question. Whother that isnot an evil in law which can | that if a State should bring such a suit against an indi- chussetts; and is it in the pow preventive injunction and ger Marg od sy have before they came to | there no remedy? If the new constitution is supported | be perceived and ee by the Court, or deprivation | vidual he abould have bad a great many more instances, | @rbisrary dictum to enact that ther end the execution of these ¢ the stile; they bave cried out they were hurt. I | by an armed force greater than the present government | of right vested in sgt respect to “ae od ae rector Lael sate, ore in boaSlarenyentl at. peecennnrtent yng ro ro for = cece ction uarter, - | tem) 0 assai may 0) is now, this moment do not say that a time may not come, that circumstances | can bring to bear against it, what is the remedy? A | State is entitled to prot rom some qi q al pt y ped that no ge oe oe leu pono — aire. may not arise, whep, under the operation of these la’ court? No; but Congress and the President—the politi- | mit with confidence to the intelligence of those who hear | individual ever will again. If this court lay down the law ‘no relief that parties, citi individuals baving rights in wurck cal power, "They are there precisely in the sitnation me. I assume, then, upon the strength of the anthori- | and enforce the constitution as we suppose them to exist, they are enti to be protected, may not bring the inted out by the constitution—a State in | ties and tho argument which your honors will find upon | the lack of precedonts is only an evidence of the enor- matter the decision of this court. | insurrection, a lawiul State warred upon by an | the 36th and following pages of our brief, that Georgia mity of the act which is now brought under the obser- Whenever it is brought I trust the court will | unlawful, unauthorized body, claiming to be a State, | is in the attitude of a bod: eoyry consisting of the per- | vation of the court. Again, my learned friend ually shall go into them, and sball hold an election by means of which a new constitation and new State government may bo established, and define according to its will and pleasure the constituent body? 1t may be said that the constituent body here is very liberally defined; that itis iit Bee the Presiden! military mander " not sbrink from it; but until it is I as | using force jost it yhtful State | sons to whom I refer, that if these persons are de- | comes to what is his point in this case, that the Seis acenade: on 2 fervently hope this court will not overstep its juris- Se, eee Then el Satent inter- | prived of the privilege of continuing their government, | subject matter of the bill, the case stated and the relief | 2Ot, subject to the objection of unfairness or partinlity; and all the machinery diction. 1 trust the court will never agree to take | ference. Then Congress and the President must | and a new mass are introduced and a large portion of | sought are political in their nature, and he states that | Dy, it may be considered that it is very impartial, so far towards carrying these hold of sach jurisdiction until 1t comes ‘and | decide which of these two .is the rightful | the others excinded, what would be regarded in the case | the case is nearly like Dorr’s case, Luther va Border, | a8 he inelusion of persons is concerned. It would have wo it when it does come. Next, let me | State, and when they decide it it is decided | of any other corporation as the extinction of the existing | reported in seventh Howard. | In that case the procise bo 3 still Lan! an id 13 = oe! vote, ther residet . have Bow agree ask, upon the inary jurisdiction of a court of ity, honors the corporate body and the substitution in its stead of another | thing was done by Dorr and adherents which these acts what wort Of ‘scans we my learned friends bere? pot A A. " is to be effected by these acta, and is an evil of | in the present instance seck to perform. There was a | fally executed. oe ie or t ds, only tribunal that can decide it, Citations were made re junction wyers est wtandi know them to be; versus Connecticut . | which any small corporation would have a right | State government in the hands of a portion of the people | victa. It wou! been = ae he! we ft am rignt—if I have ‘anys ‘conception of equity. re. ina) ry ode Island versus fog mag to complain to some tribunal at —_ —_ in rome to | of on roe ae ae electoral bears bow liberal if it heparin oa ed cs be ERS yd it farther, and en how far does their case fall ‘Of any relief case | Potors, 657), to show that the Supreme Court entertained | which we claim that a State of this Union may olai was of the opinion, rents backed him in | beet wing te ay ee hep abo a ef— im constitution; a tittle further, given by a court of equity? We au mistakes in | jurisdiction of those cases, involving ee ee protection somewhere, whe penta Tieg dip oer be eee tenes ame from ratify’ our anxiety to carry & . 1 because a right to land spate. Georgia occupies in juridical consideration the attitude he therefore undertook by spontaneous meetings to enjoin the Prtadent , a8 equity draughtsmen, have dees 20 Soak pauttical p44. wore. involved ‘ashes tod pollu and corporate so thet she may come Into 8 erect an it State it; he failed "a 90 amg that constitution thie cage. ‘who signs this Georgia bill as | incident. The case of the Cherokee Nation versus Geor- | court of justice and claim to protect her rights, if the | doing; thiscourt decided that it was no goverament, ‘ther, and enjoin the solicitor and as |, I was very much surprised, on | gia (6 Peters, 14: was an attempt by the Cherokees, as | machinery of the court 1s uate to that parpose, I | but that the original chartered government which there ‘tation to Congress; ning i, to find that there was not #0 much as | seeparate nation, to prevent the execution of certain | refer to was said by Judge Wilson in Chisholm vs. | existed was the legitimate and lawful government, and from it; prayer that the defendants should answer. Of course I | laws of Georgia violating their rights secured by 3 | the state of Georgia (2d D. The same idea | consequently Dorr failed. He failed, I trust, not through works all mischi make no point now on the absence of that | but the court declined to interpose in this way. in the of a State there expremed is ed by Judge Bronson wat at ses ents; cob ony one teoan oaks a it; for until necessary prayer. [ merely state it to show wasn er GOnINn vesten the Beem ot WO Untod ttnien, en im Illinois va. Delafield (24 Hill, 162). This being the lity of bis course; the very same reasons would lead prunella” No mare how, in the pursuit of @ particular theory, we had been sustained to prevent the collection State of Georgia, and this change belng ove ‘that would | to the overthrow of these acts of wut the ‘until the final act are apt not to ‘upon the dictates of our calm and sober » ‘a State tax on the shares of the bank; | thus totally alter the constituent body and virtually set it bugbear with which it is #uj this cor:,tcan Sau wi Pm! sometimes to to stretch the law | bot that was a private corporation, and the remedy ap- aside the present State and introduce a new one, is it ériven from its propriety is this is a political farther, a fye plied was the only one to reach the case; so that there was ibin tas extn cope ao eee tae dad's ey an a jal ja et fense esos a a enagang | Bo fei cepa cans ta terse, | Methuen hanbeanSeat a | te word pen nt och pay oe, Thome thee this bill. ie @ bill this It 18 @ settled jurisdiction of equity to resrain by | bly that that is no objection to the court en- ‘The bill admit that a State can injunction any attempt to subvert acorporation, to direct | tertaiming jurisdiction. What so common as for a tion which this original j sue and at law. Itis « bill by a State to vin- its property to other uses, or to violate its charter. court of justice to be obliged to pase im that im ® controversy between a as uti, and a | dicate its neg eye fod tes ab ao illustration is to be found in the case of Ward vs. the | sense upon a purely political question? He admitted citizen of another and different a dant. The | into court allegi it is @ state, putting that matter Society of Attorneys (1 Collyer’s New Cases in Chancery, | that the court had = no political er, furisdiction is not because of the subject matter, but be- | im issue, Tdo'nes make say question now as to's Court p. 379), where essentially the evil in its judicial | indeed no physical power, and was compelled to rely ‘cause of the parties; so that if it happened that Stanton, | of Equity & fit court to decide whether a State is sayibiag ke jedictal cognizance character, of which we complain here, was attempted Prete enentreeeee on the faithful execution Grant and were citizens of the District of Colum. | !m the proper tof ite political franchises. The any power of this court, The great stubborn question contrary to the charter of the society. It was a society its judginenta, If the subject matter of a suit be one Dia, or of 8 or citizens of this very State of all and ask your bonors to dnd that ich now agitates the cout from one end | framed for the purpose of improving and educating the which the process of the court is adequate to reach, and | liveral Setegin thre woutd be’ 20 cana But, say my friends, isnowa of this Union, If they alleged it | to the other cannot be settled by the it of this | class of attorneys and those who were studying for the and if the right claimed be a legal ri or if the wrong | the whole ‘we have the very parties specified in the constitution. | a8 a matter of fact, 1 have @ Pe 9 it, | court. Twill tnslly be petiled, and I hope rightly; but profession. It was proposed to admit into the benefits complained of be of s charucter susceptible of being re- sively in ‘We have a State as plaintiff. eater care And what is the consequence? if this has | when I come to argue it I mast go to another forum, to and privileges of the society the community at large. | lieved against, there is no objection arising of of the case to question the right of the State of — to desde that ia is @ State | another tribunal than thie—forget that I am a lawyer | It might bo said to be extending the advantages to a | the delicacy or difficulty of the question that ‘be | fit to select. } rrry government or otherwise, to has just the same jurisdiction to that Goorgia is | and argue it altogevber as a citizen. number which is the quality that gives all | presented or the passions which the decision of cate poi Dring 2 suit. purposes of the argument do not re- | mot a State, and that great political question—State or a t of Mr. Charles OC Ke merit to this proceed that cam be claimed for it. | questions may chance to excite. The writ af habeas | that stale quire that, It is tbe character of the defendants on | not a State—ie settled, and setiied forever by ~+-saeringa adr lane d jen OP Coner. court then laid down the doctrine that not only is | corpas was an instance. Tue operation of that writ was Jong that which we rely to show that the Court has uo original | this Court, hat next? It is alleged that Geor- Mr. O'Conor said:—May it please the Court, | , ion entiled to @ ite existence, bat it is | to arraign executive power and to determine the validity but Chi ; Jarisdiction in this case. What isthe meaning of this ‘ia bas certain political rights and privileges, and also | the learned Attorney General has not failed to eounlea either by ft or any of its members | of executive acts cases were another iilustra- | or they Claase of the constitution’ Does it mot suppose an she has certain property, I can see very well suggest every of the most t come into & court of equity and tuero tion; so were cases between States as to boundary. The | franchise, con! A oy “4 ons acvual controverry between a State and a citizen | where my learned friends were tending when they came emg —_— to claim by the ‘of injunction to protect it- | case of Kendall was cited on, and the power to issue an not be necessary on question a my - ‘of another State? What is the reason of giving the | to that part of the case. I can see that they had at | description which could be urged against the bill Wie‘guinat kets that would prevest It from preserving injanction as well as & mandamus commented | an act of directing any of os ings in ref. jurisdiction? It is thata sovereign “tate having acon- | least some inkling of the difficulties of ‘& State | filed in behalf of the State of Georgia. He has observed | its constitution and continuing its existence. Shall wo on by a reference to English cases, and to Drewry on | erence to the Been ae aiarty vores ‘Szoveray with a citizen of another sovereign State, of no | Into a court of equit to vindloate its polls! rights ana be told that in « court of equity, having jurisdiction be- | injunctions. The doctrine was wi the | and if void as to them, it ey A eq vad in more bit of equal dignity, shall not be required to go | the franchises and rights of ite citizens, saw that considering the grave lawyers engaged in | 1 on the parties, the pettiest corporation in Britaia or | judiclary cannot touch Congress, cannot obliberate ite Fespect vo the State of Georgie ‘a amker of too into the courts of that other State to its rights | there was no for such s preceeding ts tak the case, it is rather singular that the bill does | in this country cannot come before tho courts by its bill | acts, however unconstitutional; while it cannot touch Union. If the Court 2 the ~ & tnd exile the coBkrOTeray ee ae ee eee Care cped Seo ane Cea ee Ore: | nny ren Tare tush ine detondants | 0 oi nlole of cium Wy oalnas rectrueed, re about 13 the person of the Culat Magitrte,uhey can proses Be | tien fate thive great co-ordinate and ‘indapedent either because it is below gnity wi Lad ae and cay are " faseris the right of perhape for fear that the State hold. | tion, and as answer, The bill commences with the statement that in his Pebalf against an act of departmenta the function of governing the coantry, and ing the ji liction might be were about sbail mutu. A State cannot come into this | mga . 7] its own citizens or against ie wat may as or citizens residii and a ag extends only to owns ween a State and a citizen take those ‘eo eo your Honors was it ever intend: erected a ie const such jurisdiction as that wi one. on ask, oa o-— aid Siar : n sonar ert ‘anton toot tee ‘mon form insert, there ‘ee ‘apprehend that would | that the Executive person, so long he holds that | the repul fates fn point e 3 itis Le Wd was 8 Teason to Dace State hes fech lana, “These miliary ‘40 not thes to the seeress form, ands wines evagtoed tp the at- | be TT submit that ne pon ihe | office, should bo exempt trom the coercive process of | of fact the only safeguard of privale right and pibile Stanton, as @ citizen of pose to take the ae aa them. what, torney General, it appearéd to be with some | aut! can be clearer than ; and the ground the court. But that is no reason why the court should | liberty. It the ‘that Kann @entroversy here; or with Grant and then, is the danger to tands understand, | sense that was of him ‘of the case, If | the jurisdiction of a court of ‘in such a case may | not pronounce its judgments and use ite process to coerce | be contrived, none is effectual, nea ‘Minos? oy A It is not all that if, finally, these sets are consummatea—if, finally, | it be a form at all it con readily amended; and cer- well be compared with the action of cours of iaw to the | subordinate officers, sdmonishing them of what ia the | other would protect the rights of minorities these defendant: there is a new constitution provided for Georgia and tainly it is @ matter that does not ‘to & motion to | correlative of this artificial person, @ corporation— | law. 1 admit that such an admonition, when pro- | the rights of individuals. Like all haman institutions, mapecity wi sobject of controversy between bit ratified by the of which new constitution the suit for want of Again, the | namely, individaal person. An individual who is nounced by the court tad Galivered U7 Ne preeer ed this must be of course imperfect, They have author, and the State of ia, The controversy is not with | becomes the of State, the present or- learned Attorney General, ban suagested (hes this bill, threatened with to his person, to his liberty, to | subordinate qMoer of the E: be enforced | ity to check each ether; but will they, as a matter * them in their individual capacity as citizens of § ganization of Georgia ceases, the State govern- | in ing this injunction, has sought to tg not to come into a court of equity to | if the President chooses to stand in and prevent | course? There is no certainty that they will, raters but with them as officers of the United states who have ot ae Of those lands; enjola, is general by the prelimin- jief against it, And why? Because the criminal | its execution, Tony cee it wo hereny of most pal- pb ie wer no State citizenship, but are bound to reside here. The | then where do they go? Who does the preseat govern- | ary injunction, all every act that | laws of the or the common law side of the courta— ong Lo ey Lg court having or agen eg OF te) ye ‘of residence of the Secretary of War and of the | ment bold them for? For th: of Georgia, for | might be resorted to for the purpose of executing these | a8 all criminal Must be administered on what we | not having the power to execute its decrees. No court | was by this division into Wire tte manding Generai is by law here, Their official resi- | publiditees. If a mow constitutic' come into opera- of Congress, which he has cailed iawe, but which I call the common law side—give s man his sureties for | of justice in a free country ever had the power to mente thee thie, ond ia 00 expresses od, ten tras denos is in this district it is against them as officers | ton and be ratified by the ‘Of Georgia, the new | call acts; not IaWful acta, bat unlawful act He bas | the peace and enable him to i the person who | execute its decrees, Bvery court must look to the Exe- | om the subject. No one of these departments oi) iit that makes complaint and she seeks to restrain | government will these lands for same | overicoted the circumstances, even in thie minute in- | threatens hime an injury. If the be perpetrated, | cutive Department net to give it meass to carry | ple down tbe Constitution and overtnriy, Pian. their of ‘ects, A court of equity looks at the sub- | purposes—not for waste, not for destruction, not for of the mere attorneyship of this compli falling short of Yous of life, he bas his remedy by, its decrees into execution but through hie subordinates | erty; it requires the joint action ‘ection of (: stance of things, not meroly at names or forms. When you ber yng oe not as in the case of | and two distinct prelimi: =| action at law because he lives io bring it; he Ime See ee ee ere eicas mon tenon ‘cage can be imagined in which the snd make ¥. aso asked to entertain the limited jurisdiction given to | & ity to devote them to other wees, not as | for—one, in general forbidding’ apa to be remedy by an indictment because the law of the land them. may be eid to be no more aa it | of them would not utterly to protect put ea Base aa Maas sg come | tna vino tat, at | i ree Ree a Spe | Serbs es geen tls | pcp Soe SN Ci a 6 ee ae tae Gee form of | sought be proteated ment Give te ie neteres tod of hie country whe, survive Bim, Be wn cet question. It states what tote Gone 0 6 gure the wore of one sc00rds FO ee aru ee a a ae the State of ing, a Was Very correct, certainly, when it hag | controversy {#80 criminal law, there 1 no crimi- | case by reason of that ‘and for willing and aasions (0 fee carried ? Suppose to-morrow Mr. will own these undisturbed im these particular acts, and making no effort to nal administration, and no civil common law process, it leaves it to the Executive soheme, which abolishes he Of cou 1 coe his post as ‘of | way, if these laws are carried out, Before we can or to prevent uiterior or subsequent acta by whereby it can be saved from an action that would ter- | books which the of our fad | execution as Congret 5 re 7 ‘& citizen of Penn- | these before we can touch & single one of these | departments of the ment whose action is entirely nate ite existence, @ prevention which would termi- ae oe abound With invectives by the meane to which 1 Mir vunctions abd writs this case? Ie there any _ ‘9 asked to interfere. And Seoca tne jurieatotion of this: court Tt will be seen ta ite existence. Its ~ py i such an idea as @ court—a ‘wibupal tribunal should interfere, 400 IMs vce tnelr execu! 5 . Seine tan tote ‘ocene duarenen of" My Saas s \agiteay Ln cos | ec meray of te Co permed to exerciee 1 for the Bae teay ‘arene Tadiviaeal "te eeanare ha ww ak a of Pan vania? one. or of the com | sre that 1! acts were, in their whole length | ger, the necessity of joe is Ld poaantent 8 ie necessary to bere" pew offeer of | manding coneral, 0s to the exient to which he will exe P und breadth. in every sinele thing direeiad tw | trenching and obtain an injunction tm restrain the indi- | what is the law and to axecuta tha law in the very defi- CONTINUED ON SEVENTH PAGE. Neen