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SPEECH oy BM, HERSCHEL V. JOHNSON, OF GEOCUIA, OX DIE SC rut.MU COURT DILL, IS TliK COSKEHE- KATE STATUS SENATE, FRIDAY, CEB. (i, 1 rd'i'-j. time jurisdiction ; to controversies to vrliicb ] In that Convention,tlie proposition | the Confederate States shall be a party ; Unetly made, hut not adoptee. Outhe to controversies between two or rnoie loth of June, 178/, Mr. Patten-on subnut- States- between a State and a citizen of ; ted his plan of government. secono ! another State, where the State is plaintiff; j resolution, after enumerating the powers to • between dis-' with those contained .in^ the Constitution served and delegated powcis ! All that is ■ . J T 1 . n n «v'Antmn •Tin I Vicn nfA. noAneakri* ta ilY.t.. • _ *,L , l, ninrafltlC rants of ! State citizens claiming lauds under ; ho vested in Congress, in addition to those different States; and between n vested by the Articles ot Confederation, . __ a citizen thereof, and foreign continues: “Provided that ail presen The Senate having under consideration i States, citizens or subjects; but no State i inents, fines, forfeitures and penalties to “A Bill to organize the Supreme Court of j shall he sued by a citizen or subject of a be incurred for contravening y ut 'h rules and regulations, shall be ar.judge'u oy ihe common law judiciatories ot the State, to the true organize tne »uj the Confederate States,” with a pendin amendment to repeal the loth nud Pith sections of an cial Courts of America,” approved March 1(>, 1861— subject foreign State. In all cases affecting ambassadors, ” , ,. . , , the public ministers and consuls, and tliose^iu wliicli any offence, contr aiv to the lue p an v,.t act “to establish tl,e Jlltu i , v hi c h a State shall bo a party, the Su- intent and meaning of such regulations., ‘All f the Confederate States ot , ireincCourt slia]1 bavc appellate jurisdic- shall have been committed or perpetrated. ; trary jo jroved March Id, 1801— { tion, both as to law and fact, under such with liberty of commencing, m the first iu- Mr. Johnson said : Mr. President, it is j regulations as Congress may, by law, have stance, all suits and piosecutions, or t.i.it with relucrance that I participate in the | directed.” purpose, in the supeuor onniu.n -a debate, which has, for several da vs, enga- i No*', sir, it is upon these clauses that I dietary in such btnte, su ijc<■ , tun.m , rely, to show not only that the power has for the << not been granted, but that it is prohibited. fm-t > enga ged the Senate—reluctantly, because lam indisposed, exceedingly feeble in health, and for the additional icason, that I can not hope to.throw any light upon a subject j clauses correctly, it is necessary to refer to which has-been sofullv discussed, not onlv i the 1st section, article 3<i, which is as lol- adopted by the Convention, and then pro- v<a«d, that “ To render these prohibitions effectual, the Legislature of the United States shall have the power to revise the laws of the several States that may be supposed to in fringe. the powers exclusively delegated by this Constitution to Congress, and to nega tive and annul such as do.” (Madison 1 a- pers, vol. 2. p. 745:) The 10th clause of General Hamilton’s plan was as follows: " laws of the particular States, con- the Constitution or laws of the.Uni- tlie lirst in- ; ted States, to he utterly void ; and the bet- for that | ter to prevent such laws being passed, the Governor or President of each State shall be appointed by the Genera! Government, and shall have a negative upon the laws about to be passed, of which he ernor or President. (Madison ’ by those Senators who have ptcceded me, but by the ablest statesmen which our 1 country has produced. Indeed, 1 would I not ask the indulgence of the. Senate, if it was not my misfortune to differ from my honorable colleague (Mr. Hill).in relation to the pending question. Jf we harmoui- ! zed, the voice of one would Lc properly , taken as the voice of Georgia. As we dif- : fer, however, it is perhaps proper that our j Stale should he heard through both her Senators on this floor. The question ari- j ses on a motion to repeal the 45th and 46th \ sections oi an act “to establish the Judicial Courts ot the Confederate States of Ameri- ' ca,” passed by the Provisional Congress j and approved March 16th, 1861. That i portion of these sections which gives rise to ; the present discussion, is as follows : 'J be . 45th section gives an appeal to the 8u- j preme Court of the Confederate States from ! ••a final judgment or decree iu any suit, in ' the highest courts of law or equity of orreciitm of all errors, both find fact,in rendering judgment, to an appeal In order, however, to construe these two \-to (he judiciary of the l mtid States, (Uadi son l’n/nrs. rot. 3. v. 864., M llbout pans- j 2, p- 892.) . , , ing to trace the action of the Convention | All these propositions were zealously ad- thiougli all the various stages of delibera tion upon the subject, it issuiiicient for my puipose, that the propositionijjAsnot adopt ed, and that nothing like it {HP’ lj e found in the Constitution. jjF In reply to this, it may be said, that this necesshtjt,io clothe it with such gigantic power U for Congress to pass an act for the enforcement of any laws complained of.and so frame it as either to take from the State courts all jurisdiction or'confer upon the Supreme court appellate jurisdiction, from I hose courts, of all questions aiming under such act, and authorize the President to en- foice its dual judgments by the employ* ment of the army and navy of the Confed eracy. It the history of the past did not furnish an illustration of what 1 have said, I might have spoken of these foiebodings in the language of conjecture. I refer to the act of the Congress of the United Sta'es of the 3d of March, 1833, known as the “ 1‘orce Bill.” it was intended to enforce the col fet» he bad been in error. So it may be with thrsr I latest from the United States and other distinguished names that are to _ .. e v r, . sustain tb*w.ectioDR of your judiciary met There-1 Failure of the \azoo Expedition—The fore, I attach very little importance to tlu ir opin- ione. I ask the Senator trom Miaaianppi- (Mr. Phelan,J to give me the reasons; give me tlie con stitutioual authority on which you predicate your action : show me i lie lex. tcripta in the Gonstitu tion, which authoiia/BS you to ctoih* the ..uureme court of the Confe derate States with appel ate pow er over the highest State courts, aud 1 will go with y °Now, Mr. President, having shown, as I think the entire a!«ence of any express delegaliou ol cower to center this appellate jurisdiction upon ihe Supreme court: that, by the Constitution, the whole judiciary power of the Confederate slaps it lodged iu the Supreme court and such Internr conrta as Congress may, from time to time, orua n and establish ; that the mafidate, that it sha.l be thns lodged, is equivalent to a prohibition against its btiug vested in any other way ; that the propo sition was made in the Convention of 1,-7, and . not adopted ; that tlie power claimed is contrary of! to the whole theory of our governwntal system, as lows “ Tho .ludici.il power of the Confeder ate States shall be vested in one Supreme Court and in such Inferior Courts as tlie Congress may, from time to time, ordain and establish. The judges, both ot the Supreme at their offices during good behavior, Arc.” An analysis of those quotations from the Constitution, gives the following as their true meaning : 1. That the Supreme Court and such In ferior Courts as Congress may, from time to time, ordain and establish, constitute the entire judicial machinery of the Confede rate States—its entire judiciary depart ment. The State Courts form no part of it. 2. That tho Supremo Court is the head, and the Inferior Comts, directed to bo “or dained and established.” are subordinate parts of the system of the Confederate ju diciary. 3. That the first—that is, tlie head—has vacated by some of the ablest tluential members of the convent desired a strong cential government Fight at Somerset, Ky — Burnside turns up in a Sew Place.—Anticipated Sue- cess at Charleston—Rhode Island Elec tion—Advance in gold and Colton. Richmond, April g. The Examiner has Northern dates'of the 2d inst. A dispatch dated Cairo, April 1st, sa .. s •Sherman's expedition to the Upper Yazoo has returned without accomplishing j[ S object. Louisville, April 1. A dispatch from Somerset says that Gen. Gilmore’s forces attacked the rebels under Program in a strong position near Somerset yesterday. We fought them five or six hours and whipped them badly. Onr loss not exceeded thirty—that of the is now tli.it Bum. irginia, and are ere Federal, hut national, in But they were all rejeefei its character What are we not ! revenue laws. It deprived .the State courts irre.-istible. of all jurisdiction to redress injuries, on ac count of any act done, under any of the It denied the to learn from their rejection? Surely that States, iu relation to revenue - — . 1 ' -I'nitur,.* I earli State Government, in its appropriate the writ of replevin of property, in “ d Inr ° n0r CWUr ‘ S P,al 101 rC! *° amreSmd'lhelibcrty’ofcominen- sphere, was designed to be independent of! hands of any person, «^**r ‘hejrevenue in the first instance in the State Courts, all control and supervision by the Gen-ral j awe. Where suits or prosecution might 5cc., cing 'l’liis is tine : but it is also true, that, to .... . the extent of the questions enumerated, it j ment—legislative, executive and judicial did attempt to clothe the Judiciary ot the United States with appellate powers over the State tribunals. Jt was not adopted. But to understand tlie full force ot this proposition of Mr. Patterson—how com pletely he designed to subordinate the ju diciary of tho several State:—it is neces- «arv, in connection with his third, to exam ine'his fifth resolution. Ti e two contain all ho proposed, in reference to the judicia ry. The third is as follows: That a Federal judiciary be establish Government ; that each co-ordinate depart- j be commenced in a State court against any — ^officer of the United States, or otberper- of the one, to be equal of the corresponding j sou, for any net done under the revenue co-ordinate department of tho other, with- j laws, it authorized the suit to be removed in its constitutional limits. to the Circuit court of the United States, Such is the relation between the Con against tho decision or order of tho State federate, and the Government of the sever- court*. If any person was in custody or ennuetits, tlip conclusion 1* .... t5tli and 46th sretinna of yonr judiciary act ai own is j troops can bn landed, and the city reached i without assaulting Forts Sumpter and Moultrie. al States, established by tlie theory ot our system, as defined and described in tlie Constitution, and from a careful review ot tho history of its formation. Then, the question again recurs, if the judiciary de partment of tho several State Governments is supreme iu its juiisdiction over the re State in which a decision in the suit could ‘ original jurisdiction, in all cases affecting r prison, under uiesiio procoas from a State court, it authorized the A/arshal to bring him before the Circuit Court upon habeas corpus, that he might he released. It dis pensed with copies of records, when needed in the courts of the Luited States, but re fused to be furnished by the Slate courts. f the features o" ambassadors, other public ministers and consuls, and those in which a State shall be a party, and appellate jurisdiction in all other eases enumerated. Appellate from what? Of course from those inferior tri- ordained and established by Congress,” as constituting the subordinate parts ot the system. Were the highest Courts of tho several States, “ordained and established” by Congress ? Uo they he had, where is drawn in question the. va lidity of a treaty, or statute of. or an au thority exercised under tho Confederate States.” “ Or where is drawn in question the va lidity of a statute of, or an authority cxer- hunals, cised under any State, on the ground of their being repugnant to the Constitution, treaties, or lawsof tlie federate States; “ Or w here is drawn in question struction of any clause of the Constitution, of a treaty, or statute, or commission held under the Confederate States.” - _ The 46th section provides that “ all : judgment.», orders a„«J decrees made by j- any State Court, since the date of tho ec- j would. cession of such State, upon any subject or j I be provision of the Constitution which &c.” matter, which, before such secession, was j declares that the judicial power “shall be vested in one. Supreme Court, and such In fer time dato: al “ That a Federal judiciarv be establish- is supreme iu its junsciiction over me ■« useu iu ue .uri.iM.euuj — ed toConsist ol a buCeme T rihunnl, the. j served powcr-absolntely independent of | These sir. are bat a few ot the features of Judges of wli’ch to he appointed by the ! all contiol or supervision by.tlie Confede- j tho “ I orte Bill, w hich absolutely de Executive, audio hold their offices during | rate Judiciary-how can wake ! S-ded and ^vert^dtUe b-S;^t court the former subordinate by its adjudications .. • i rpsort in ! cisions of tho Supreme Court of the Con-j military and naval force at the command of h W,y ,or foJomt. Slate,, a, tb. latte, ha, to reverse | the l'resi.len. to enforce its decision,. Who I ; ! those of the former. If is a. competent for | shall that what has been don. in tho 'Lite same paper-says the Administration confidently anticipate news ot an impor- itTs the doctrftie of liie Jrtfersonian school that j tant snccess by the fleet in the rear of doubtful powers should not be exercisea by Co..j i Charleston, arrangements having been areas. 1* not this to say the le»st, a doubtmi j per{ecte d f„ r the commencement of the power! It has divided the opinions 0 t the ablest K (ftck on the 27th. If the batteries at Zs. side equally hou | Stono can be taken, it is believed Federal est in tlu>ir Tiews. Who will say that a power w clear and unquestionable in the lace of eucIi ot deuce to the contrary ? Then, for this reason, i- “mTmLKu“'.b. ,ov.iri(nt, of 1 The BepuMicn Unionists h.v.el,r, eJ the State* We maintain that each State has the their candidate lor Governor in Rhode right of seif-government—that each has the right j j slan ^ ], y B largo majoiity. They have lo judge for itself, ai well of infractions of t ie on ] ar , rp iua j or ity ill the Legislature. Ctrtirn.1.r«1* iiS Me'yt war | The Boston Herald says Burnside with with this doctrine, «ind «ro based on a pniicij.* t [u^ comnicllH’y tins bocii assigned the de- which wpuld authorize Congress to ertet the Mi- I p nr t llien t of Kentucky, to support llosen- premo court .uto an umpire between ««jo fvvera. j un( l er the idea that a formidable States and the Confedt-rale Sir.tis. l.iaceu , 5 ... 1 invasion of Kentucky is at band. Gold advanced in New Y'ork, on the 2d, r, • • ;„ip i to 15S 5-S. enforce ita dreisions bj’military power. _ is" J j advanced nearly 20 cents pet one ot the form* ot coerciug the Sute* .nto ooeu. . . ~ . ;.i euee to Cougreas, however unwarrantable tbeir en- j pound, wita salts at 74, with an upward actinent* We war against it—we battle, for State ; tendency. sovereignty. Tbia is the very gist of the pending ; revolution! But what will victory be worth, if, at Inst, vre leave the State*, through ihe arm of Us ju | diciarv, jrrostrate at the feet of Confederate usur paiieii ' Let ns ern»e this blemish from our stat- ute hook, whilst by blood and death, wo vindicate , State stivereignty upon the battle-field. \\ e can I acronrplish the one here, in peace, by the stroke ol a pen. For the other, the resolve 11^00 victory an j iuiates onr armir* ; it meets a universal response have teen that Congress, under the old fmvern- ment. did carry it to that extent, by ihe force dm of 1-33, and clothe the Pre.-ident with authority to to authorize the one, j United States may not be repeated, at j from ie Potomac to the Rio Grande, and it is eeh- gress to authorize the other. J some future day,in the Confederate States! j oed upou every wind of , ** aT ”6 2”.g nom^o from this conclusion,but ; It is our duty to preserve the entire and | of« that the hi: the relation of , . . , .... . commerce and manufactures tighest State j perfect independence and supremacy 01 the j nn!) | 01ir j,dependence shall have been achieved, f inferior, to j State courts within the sphere of the re- Our argument is the thunder of artillery and the w ithin the jurisdiction of the Courts of the Confederate States, shall have the force and effect of judgments, orders and decrees of the Courts herein e.stublished, with the privilege of either party to appeal or sue out a writ of error.” The object of the two sections is to con fer nppellatejurisdiction upon the Supreme Court of the Confederate States over the highest State tribunals of the respective States. I fully agree with the Senator from Mississippi, (Mr. Phelan,) who ad dressed the Senate on yesterday, as to what is the true question presented for our consideration. The question is . Has Con gress the Constitutional power to pass such an act 1 Or, to be more explicit, is it com petent for Congress to subject the decis ions and judgments of the highest State Courts to revisal and reveisal, by the Su preme ^:>urt of t ;e Confederate States? To authorise an appeal from the former to the latter for that purpose? Such are the object and operation of the two sections, which it is now sought to repeal. I deny any such power in Congress, and, there fore, 1 shall vote in favor of the proposition to repeal. The Senator from Mississippi (M. Phe lan), mi yesterday, seemed to complain, in the outset of his remarks—and indeed his whole speech was spiced over with such complaint—tint those who favored the mo tion to repeal,had no argument, that be had listened, in vain, to hear an argument in favor cf the position which we occupy. Mr. Phelan—Oh, no. Mr. Johnson—I so understood the Sena tor. Mr. Phelan—I spoke with reference to the charges which linked myself and eth ers with the old Federal pa*ty, not that an argument had not been introduced 011 the question before the Senate. Mr. Joh nson—Well, sir, at all events, the remark I am about to make is as appli cable as if I had correctly understood the Senator, It isthis: that those who main tain the constitutionality of these sections hold the affirmative, and the onus pi obo mi t is upon them. It is for them to show, af firmatively, that Congress is clothed with tha authority which they claim; otherwise, without a syllable of objection from this side the authority docs not exist. It. is unnecessary until they have made out a case, predica'od upon the Constitution, for ns to offer argumeut. Taking that view of the question, the first tLing that strikes . the mind is the entire absence of any ex press delegation of power in the Constitu tion. I repea^, those who hold the affirm ative are hound to produce the authority. For “ the powers not detegrted to the Con federate states by tlie Constitution, nor prohibited by it to tlie States, are reserved to the States respectively, or the people thereof.” (Art 6, clause Gth.) 1 chal lenge the production of a single word in the Constitution, which direct!}- and in term3 gives the Supreme Court of the Con federate States appellate power over the highest State tribunals of the several States. Will you throw yourselves upon too im plied powers ! The right of Congress exercise implied powers is expressed in the itori ? 1 Sth clause, of the Stli section, of the 1st Article of the Constitution ; “ To make all laws which shall he necessary and proper for carrying into execution the foregoing powers vested by this'Constitution in the Government of the Confederate States, or in any department or officer thereof.” Now what power is delegated to Congress, touching the Judiciary, which cannot be fully and perfectly executed, without the right of appeal from the highest State Courts to the Supreme Court of the Con federate States? None can be conceived. The imagination, in its utmost fertility, would fail to invent a case req uiring the use of this incidental or auxiliary power. It j cannot be invoked, except in aid of a power expressly delegated. Towers not delega ted cauuot be taken by implication. The only authority claimed with any ap pearance of plausibility, is found in the first and second clauses of Section 2, Arti cle 3d, of the Constitution. They are as follows: “ 1. The Judicial power shall extend to All cases arising under this Constitution, the laws of the Confederate States, and treaties made or which shall be made under their authority ; to all cases affecting am bassadors. other public ministers and con* suls; to all cases of admirality and mari- (Madison Papers, vol. 2. p. This gives another class of cases,in which j Courts tlm Vtiflnr.'il imliciarv wjis Tirol Supreme C.r.r. of ,h. ConMeru.e | serve.l power, W. .hmU now in tW j ancy of our Government, settle the que»- j goverci _ llty from tbeehackles of central power. *es, as if they were the “ Infetior 1 infancy ises.in which j U°i*rT» ». to be “ ordained and es- ; tion forever, that Congress has no consti-; osed to have 1 tabiishcd by Congieo»,-* J _LT m,..„ a i lft , vri i 1 nnthnritv to vest the.SuDreme ignty ■lan n nnnn the ConHaclors. re( Coufeder Supreme Court, aud in such Inferior j ordinate tribunals. Of course, therefoie, Courts as Congress may, from time to time. : when he confers upon it appellate power, ordain aud establish,” is equal to a decla- lie intended appellate jurisdiction over t e ration, that the judicial power shall, be ; State Courts. But nothing like his pi opo- vested in no other way. It is tantamount ! sition was finally adopted by tlie Coin on to a prohibition to vest in any but one Su- ; tion. preme Court, and in such Inferior Courts, ; Mr. President, I advance a step further, as Congress may, from time to time, ordain | and maintain that the exercise of such and establish ; not such as the St-ates may ordain and establish. Sir, the Senator from Mississippi (Mr Phelan) asked yesterday, where should we go to obtain knowledge of the powers of the Supreme Court of the Confederate States ? Toillustrate his question, he quo ted from the Constitution that the Execu tive power shall be vested in the President, power is utterly incompatible with the the ory of our government. I shall not stop to prove the sovereignty ot the States auu that our Constitution is a compact between sovereign States, designed to define the powers of the Confederate Government.ami to constrain its action within its appropri ate sphere. These propositions will not be denied. Nor shall I consume time by II • «/ Jt'r ” uliaii UU • COl LVl IU tUv 1 lLOIU\.lll| _ « , I p and, said lie, the President never could j showing that the several States 0 . ie on know what his powers were by such a sim- j federacy, within the limits o t ,el JJ 1 ^. fce1 ' pic and naked declaration of power as that? I e d powers, are not only untepenocn o 1 ac i And so it was with the judiciary depart- 1 other, but also of the Confederate Govern ment. He said you could never know ] ment. It is sufficient for my puipose o what its powers were by simply referring ’ *d'o w > by quotations from'-’" 0 .. ’ to that portion tho CWtitotim, wirioh i these »eoretic doctrines are hilly re Q - describes its tribunals ; nor must you go to ‘ ognised, and that the governmqn 0 ie - J ! Confederate States and that of each of the where these powers are to be executed to determine them. I ask, where then must 1 States are co-equal that is tosaj , supreme we go ? That Senator ought to remember within the limits of its appiopiiaie sp icre , ♦ l, n . *1,0 onoctloi. G *ho nowor to fhe one has no right to trespass upon tne resps province of tho other. ’I ouching the su premacy of the Confederate Government, the 3d clause of section 1st, article Gth,de ed ares that •• This Constitution and the laws ot the Confederate States which shall be made in pursuance thereof, and all treaties made or . which shall be made, under authority ot 1 the Confederate States, shall be the su preme law of the land, and the Judges in every State shall be. bound thereby, any thing in the Constitution or laws of any i State, to the contrary notwithstanding.” In relation to the supremacy of tlie sev eral States over the reserved powers, the 5th atid Gth clauses of article Gth, section 1st, declares as follows : “ 5. The enumeration, in the Coustilu- ry of the several States into that of the j t * on ' 1certa ‘ n ,10 ^ ^ c on Confederate States? The State Courts\l' ra f i0 or d.sparage o.hes retained established by the respective State ’ b 7 ‘he people of the several States. hv ! ” 1 he powers not delegated to the that the question is, where is the power to he exercised ? That is what we are search ing for, to ascertain if any part of the judi ciary department of the Confederate States is to be vested, under the Constitution, in the. highest State tribunals ? He says tho judicial power must be exercised partly in the highest State Courts. 1 say no. I do not go there as one of the places where the Constitution' has lodged the judical power, because Congress lias never ordained and established them as “ Inferior Courts” in the sense of the Constitution. Now. sir, a word as to the light of Con gress to constitute the highest State Courts a part of the Confederate judiciary. It has not attempted to do so directly. But what warrant would it have, in she Consti tution to do so ? Can it merge the judicin- clothe the Confederate Government indi rectly with the power to supervise such acts of the Legislatures of the several States as may involve questions over which it is proposed to give the Supreme Court appellate jurisdiction. The highest State court may decide an act of the Legislature constitutional, thereby defeating the right of the party setting up the contrary: But the sections of our judiciary act under con sideration make it competent for the Su preme Court of the Confederate States to reverse the judgment and pronounce the State act unconstitutional, thus annulling the act of tha State Legislature. M hat is the difference betweeu this mode of defeat ing legisL.tio.i and that of allowing Con gress to exeicise a vote 1 None whatever, except that one accomplishes the object in directly and the other directly. The Su preme Court is the creature of Congress— its instrument to represent and preserve the dtlcjstcti n«w«ra. But we have seen tluit the Convention of 1787 rejected the prop ositions ofGoveruor Randolph, Mr. Pinck ney and General Hamilton, to confer on Congress the power to do the same thing directly. Shall we permit it to be done in directly, through the Supreme Court, the instrument of Congress ? It follows, also, that the Executive department, as well as the judicial and legislative, of the several State governments, is,pro tanto, reduced to a condition of subordination, llis power to enforce the judgment of the highest court ol his own State is destroyed, and he is confronted with the overruling decree of the Supreme court of the Confederate ferently, and that parties will never know what tlie law is, unless it he decided, in the last resort, by a tribunal of universal au-. thority, over*all the States. I would not undervalue tlie uniformity of judicial de cisions. But the independence and su premacy of the State judiciaries, within the scope ot the reserved powers, is infinitely more important. Upon its preservation may depend, as has been shown, the exis tence and integrity of our whole system ot government. Let the jurisdiction of the Confederate Judiciary be extended, until it shall be commensurate with tho delegated powers of the Government, and preserve uniformi ty within that limit: then it will fully per form the end for which it was created. The conflict of decisions in State courts would work but little mischief. The plain tiff always has tho right to select his tribu nal, and having selected, he ought to abide its decision and be content. Nor has the defendant a right to complain, if the decis ion he agaiust him. He is voluntarily a citizen or resident of the State, in which the suit is brought—if in a State court— which fact gives the jurisdiction ; and like all men, in all countries, he is bound to yield to the laws and adjudications of the place wherein he casts his lot Much stress is laid upon the fact that the two sections, under consideration,originally emanated from the first Congress, alter the Convention of 1787, many of whose mem bers were also members of the Convention that framed the Constitution of the United States. General Hamilton was in the States, backed np by the army, navy, and Cabinet, and Mr. A/adissn was in th Legislatures aud the Judges are chosen by election or appointment, under State au thority. Is clause, 2d section, of the 2d Article of the pow Confederate States by the Constitution,nor that compatible with'the 2d i Prohibited by it to the States are reserved action, of the 2d Article of the j to the f , t , atcs » respectively, or to the people Constitution, which declares,that the Pres- ; G ,ere0 “ militia for its execution. Thus, the sever al State governments, in ail their depart ments, to the extent of the appellate juris House of Representatives. It is confident ly asked, whether these men, fresh from the Convention, did not understand the the charges it j “Suppose a government contractor be allowed 52,50 for making a suit ot clothes, an d he puts out the work to poor women, at SI per suit; thus making by way of a slant, the neat little profit of 81.50 on every suit of clothes manufactured.— Would this be right l Suppose the same thing is true of soldiers caps, drawers, shirts and socks ; and then suppose some eight or nine hundred of each are made up every week; is it not plain that the con tractor is driving a heavy business, and is ; it not natural that ho should grow rich J and begin to spread himself out like a green bay tree ? Again the “Sun” says : j “Only think of it. A sleek speculator | growing rich by the labor of the poor j half famished needle woman, who gave up i her husband a sacrifice on the altar of our j country ! A man who forcibly wrests | from the bands of starving children that ; which is to make him rich ! A man who | will deliberately rob tlie widow and or- | Special to the Jack3on Appeal.] Northern Intelligence. Important Rumors from Kentucky.—Cm- ciiiati and Louisville Frightened. Panola, April 2. I have the Chicago Times of the 27tli ult. A Cincinnati dispatch, dated the 2Gth, says that Gen. Breckinridge, with a large force, was within ten miles of Lexington, Kv., anil that lie had scouts scouring Woodford, Fayette, and other conntres, impressing negroes, and arming them with picks and shovels to erect defences at Lexington, which he proposed to take The same report has it the Keutuek_v cars on the Railroad, tamly at Harrons- ^exington, on at Winchester tlie morning of the 26tli. Whether he would move ®n Lexington or Paris was not known, but the supposition was he would reinforce Breckinridge at Lexing ton, wlicie the Federal forces^ was concen trating. The Confederates had got over all tlie roads, and had established their picket linos. Humphrey Marshall’s advance had reached Mount Sterling. The same dispatch says : “Nothing* definitely known of Stonewall Jackson, except that he is advancing. Refugee; by hundreds are arriving from central Kentucky, and valuables of every descrip tion are being brought Nonthward. Gen. gone to Lexington, which fortified. Geu. Burnside is in this city, confined to his bed by sick ness. The trains from Nicholasville to Lexington have stopped running. Serious .-.prehensions are entertained that two- thirds of the Virginia Confederate army has come out to reinforce Johnston, and Wright has place xviil be pliau of their daily bread, that lie may j ags j st ; n t ] )e invasion of Kentucky. The add to his opulence ! A man who profess- i es not only to be a patriot, but also a ; Christian, who wouly deliberately drive the j poor sewing woman to choose between ! a life of shame or an ignominious death, j by starvation ! How dare such a monster i look his fellow-man in the face without cowering in ver^ r shame ? The milder : forms ofvilliany, such as. treachery and ; counterfeiting sinks into insignificance when compared with such enoimities. rength of the invaders is estimated at 50,000, which is to be increased by .‘iO.OOu Kentucky volunteers and conscripts.— This is no exaggeration, as it comes through sources entirely reliable. A large number of troops are being fed by the citizens to-day, and provided with ten days cooked rations.” A Northern despatch reports consider- i able skirmishing between the Federal cavalry and the Confederate advance Don’t this apply to other places than • south of tlie Kentucky river, on yester- diction of the Supreme court over their j Constitution which they assisted to form / highest courts, are reduced to a subordinate , Whether they would have sanctioned the condition. And if you admit the principle sections under consideration, if they had w here will its application end ? Not being countenanced by the Constitution, the Con stitution fixes no limit. Tho Constitution gives the Supreme couftappellate jurisdic tion iu almost every conceivable question, civil and criminal, that can arise in a court of law or equity, except in the enumerated cases, wherein it confers original jurisdic tion. If Congress has authority to confer on it a reviewing and reversing power,over * ... , „ r , , the highest State courts, upon a portion of idem “ shall appoint the Judges of the Su- j Hence, the Confederate and the seveial, tJje8e mimerous questions, why may it not preme Court and all other officers ofthej^ ta t e Governments, being each supreme Confederate States, whose appointments . within its appropriate sphere,are co-equals, are not herein otherwise provided for, and j The one cannot trespass upon the dominion which shall be established by law,” Ac. ? | of the other. To do so is to destroytlicir Suppose Congress should, in terms, declare j co-equality and reduce the one lntiingod the .State Courts a part of the Confederate i upon to the condition of subordination to • - - - ■* Ihe powers of both—that of " ~overn- dinate legislative, executive and ju- tlie State Courts a part ot the Confederate i upon to me condition «u - Judiciary—its Inferior Courts—would it ; the other. Ihe powers ot both -that < not he the duty of the President, under j the Confederate and of each State Goven this provision of the Constitution, to ap- j ment—are distributed into tike co-ordinat Constitution, to ap- M’hat then becomes ' departments- prov point their Judges ? . w of State authority ? Can we fail to see the | diciul—^and %ince the Goyertmien.s t ■ein- irrecoticilable conflict to which it would ! selves are' co equal, it follows tliat t mil Si .. _ir, the highest State Courts are | several co-ordinate departments are also either a part of the Confederate Judicialy ! that is, each is independent of the r thei or they ai» no t. If they arc, it is incum- ! and supreme within its appropriate sphere ; bent on the «tlier side to show it, and to ; each State judiciary is the co-equal of the show- tho authority by which they- are > Confederate judiciary, and neither can in- made so. I have shown that they are not, tert'ere with the appropriate jurisdiction of j and that Congress has no power to make the oilier. ! them such, if they are not, then the po- It is interesting in this connection to ! sition of Senators, on ihe otlmr side, in- note how cautious was the Convention of volves the absurdity of contending for a re- : 17S7, in guarding the supremacy and inde- vising and reversing power, in the Supreme pendence of tlie several •States, w ithin the Court, over tribunals which form no part limits of the reserved powers, by the rejec- of the Judiciary departmeat ofthe Confed- * tion of every proposition for their snbordi- erate States. | nation t.v Federal control or supervision. Sir, it is true that we are discussing the j On the 29<h of May, Governor Randolph power of Congress, under the Confederate ! presented the outlines of a plan ot govoru- Oonstitution, to confer upon the Supreme ! mcnt ‘ ,n a 6er,e « ot resoliRions, of. which Court appellate jurisdiction over the high- j ?tl. proposed^ empower the national est State courts, in tile cases enumerated ‘ Legislature iu tlie 45th and 46th sections, which 1 quo ted in the beginning of my remarks. But, as the language of our Constitution on this ! the national legislature, the articles of uq- point is nearly identical with that *f the ! * on > or an Y treaty subsisting under the au- Constitution ofthe United States, it is fair j thority of the Union ; and to call forth the to presume that it was intended to be used i force of the Union against any member of in tlie same sense m both instruments. Hence, it is legitimate to refer to the pro ceedings ofthe Convention of 1787, to as certain wlieth^tbe framers of the Consti tution of the United States designed to clotiio the Supreme Court with appellate powers over the courts of tbc several States. do so in reference to every question? If it can declare the State courts inferior com ts, in tlie sense ot the Constitution, fur certain questions, why not for nil ques tions ? What is to prevent Congress from treating tlie highest State courts as a portion of the judiciary department of the Confederate States Government / There is nothing to prevent such an absorption of the State courts. It is usurpation from the beginning—outside of, and unwarranted by the Constitution. It cau have no limit,but the irresponsible discretion of Congress, which, at the bidding, of party, or lust for power, or yearnings for a strong govern ment may, at some future day, undermine our system and bring the State governments to the footstool of centralism. It may never be pushed to that extent, but the fact that it may, and thus the reserved be placed at tlie mercy of the delegated pow ers, ought to awaken our liveliest appre hension. The doctrine of State sovereignty is dear to the Confederate Sfates, hallowed by the sanction of the most illustrious names that adorn the republican school*ofT798-9. In all cases ot compact among parties having no common arbiter, “ each party has an equal right to judge for itself, as well (fin- , , , fractions as of the mode and measure of re- To negative all laws passed by the „ For ‘ the priuc i p | e that underlies this doctrine we are now engaged in a bloody war, at the cost of many hundred millions of treasure and hundreds of thou sands of more precious lives. We fight for State sovereignty. But how fruitless will life the struggle if we yield, at last, to a principle which cannot be limited, but which, if carried to the verge of its capaci ty for extension, swallows up the State gov ernments and erects the Snpremecourt into an overshadowing umpire to determine, m the last resort, all conflicts between there- eral States, contravening, in the opinion of the Union failing to fulfill its duty under the articles thereof. (Madison Tapers,vol. 2, p. 732 ) _ On tho same day, Mr. Charles Pinckney presented his plan of a Constitution. Ihe eleventh article enumerates the prohibitions upon the States, corresponding very nearly they deemed them unconstitutional ? This ar gument has always been estimated far above its intrinsic value. The Constitu tion, like all other instruments, is to be con strued by its own language, illustrated by cotemporancoits history and by the journ als of the Convention that formed it; and I have shown that the 45th and 46th sec tions of our judiciary act do not hear the test of the light from these sources. Besides, it is well known, that, in the Convet- tion. there was an array uf distinguished men—> such as Hamilton, Pinckney, Patterson. Madison and Randolph—who advoeaiod a government of greater powers Mian the Constitution .which was adopted confers upon it—a government clothed with supervisory nulhuiity over the Governments ofthe several States. Failing to accomplish their purposes, in framing such a Constitution, it has been supposed by many of our most sagacious statesmen that, they, with motives entirely uprislit, sought to engraft upon the Constitution, by con struction, more power than the Convention ever iuteuded to deiegate, and thus, indirectly, accoin plish their ardent desire for a strong Government 1'hnt such is probably true, is perfectly compatible with the nature uf tlie human mind, without the slightest imputation upon tluir purity and patriot ism Mr Hamilton being in the Cabinet, and Mr MadiHun in the House of Representatives, when the legislation which is under consideration was tirstadopted.no doubt their influence was great, and no one questions their devotion, to what they conceived to ba tlie best interest of the country. .Still they were but ni-n, liable to err, and from tlie circumstances just mentioned, very likely to err Bat we are at liberty, waen considering a great Constitutional question, and called to decide upon the solemnity of our official oaths, to differ from these distinguished statesmen. For myself, 1 am not miich inclined to rely upon the authority of il lustrious names. I rely upon them, so far only as their opinions are sustained by reason. One good teason for in opinion is belter than a thousand opin ions without reasou. There is another objection, Mr. President, to settling this question by the authority and potenct of mines. It is a truth, and ono w hich I supp-se we all have experienced in our owji history, that men'* opinions change. You will scarcely find any distinguished mau, who figured iu public life, when these questions were agitated who has not occupied both side*. They were doubtless honest, at the lime. I impute dishonesty to none, aDd least of all, to those distinguished sages of the past, whose memories I reverence and whose glory 1 prize. Indeedjtheir honesty challenges my com mendation in this, that they did change their opin ions He is either a fool, or a knave, who never changed an. opinion ; fer no man never yet lived who was so infallible in his judgment, so powerful and conclusive in the majesty of his intellect, that he was not swerved by passion, education, prtju- dice and aurroundingcircumstance*; and who did not, when the beat of the bonr paaaed away, or a a8 *P* r insight was obtained, and a more disinter- sated view taken, under different conditions, con- Columbus. Rnsf in M'hrnt. It has bren long known and the idea j acted on among the Spanish agriculturists in Texas and Mexico, that the rust in wheat is produced by showers or heavy dews followed by a hot sun, during that period of vegetation when the wheat is in the bloom And milk. The effect of the sun upon the wet plant produces the rust. To avoid this result, two men take a heavy rope, say twenty or thirty feet long, or longer, and walking at tliat distance apart draw it over the wet grain, thereby shak ing off’ the drops of rain or dew, and thus prevent the usual effect of the sun upon the plant. After a heavy dew the rope should be drawn over the wheat early in the morn ing. Wheat planted on hills, or windy positions, generally escapes rust; wlieu in low flat grounds, where there is less wind, the rust takes effect. Smut is pro bably produced in the same manner.— Tho people of the Cotton States should notice this—Richm. Sentinel. LATEST FROM CHARLESTON. Th* Krsksk Orlninly Hsuk-Tbr Attnck nut Rrsaaacd—Thr Ynnkrr Devil Caught. day. A dispatch, dated Louisville, March 2t3th, says skirmishing occurred near j (Jump Dick Itobikson. The Washington Express says tliat egress or ingress through the lines at that city, except to contrabands, is prohibited. Deserters are not allowed to pass until permission is obtained from headquarters. Ullman, brigadier general of the negro troops, has been closeted with Lincoln. A dispatch from Nashville, dated March 2oth, says the rebel cavalry within four miles of the city to-day. ready to lay on. A Cairo dispatch, dated the 25th. says an order lias been issued by the Treasury Department, prohibiting the shipment of goods South of this point. The gunboat Rattler had arrived up. badly damaged by corning iu contact with trees in going through Yazoo pass. Ensign was wounded, and one man of her crew killed, by the lire ol the gueril as oil her trip. The Xaltional theatre at Boston ha? been burned. The Cincinnati Commercial »f th p Charleston, April 8th, 8 T. M,—All • V- n. ri.r quiet thus far to-tlay. The pedxile and ^ sa }’ s nothing edltorial.l} a troops are in high spirits at the result of j Kentucky affairs. Its Lexington ois yesterday’s fight. The Keokuk is cer- j patch, dated the 2Gth, says the intad- tainly sunk. The fighting was chiefly at j ing force is not over six thousand a distance of 9G0 yards. The Monitors j strong, that they were moving to- cannot pass Sumter without coming in 500 wa rd Richmond, and mainly mounted 5’ a , r .^ s ' . . . • The force was stated to be under P? I he impression is very general that the , ,> . • • i not S™™- General Breckinridge b » enemy will renew the attack after jepairin damages. Seven Monitors and the Ironsides are still off the harbor. LATER. 10 P. il/.—The lastest official intelli gence from the bar states that only two iron-elaffs have gone South, leaving seven remaining, besides the Keokuk, which lies sunk about one thousand yards from Morris’ island beach. The Yankee machine, called a “Devil,” designed for the removal of torpedoes, has floated ashore and fallen into our h^uds. All is quiet now. The enemy is con stantly signaling, but no renewal of ike attack is anticipated before to-morrow.— The Yankees.bare been busy all day repairing damages. re mit believed to be in the State, though lib son is. It was rumored that Jacobs am Woolford’s cavalry had captured t«° hundred Confederate prisoners. CluKe -' guerillas still hover around Moun ©terling and two hundred ol his me“ have been captured since Sunday- There is but little excitement l )ere j. and no apprehensions for the safety ti the city are entertained. LATER. The Commercial’s last dispatch sa} s - A gentleman from Nicholasville sta that the Federal forces are. on south side of Kentucky river aga ' and there has been fighting a,) < *. • Result unknown.