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The Greorgi*t, sdistkgt ccfy Telegra, pk,
^isrtaawzsasacazs
GEOKfiiA TELEGRAPH.
MACON, FivIDA V. SlXV ■>. lb'd-
THE GREAT INJUNCTION TASK.
GEORGIA BILL BEFORE THE
SUPREME COURT.
Arguments of the Attorney General
and Chas. O’Conor, Esq.
Sui'REme Court Room, /
Washington, April 20, 1807. j
The motion of the Attorney General to dismiss
tbo bill of com plaint filer! by the Slates of Geor
gia and Mississippi respectively against Secre
tary Stanton, General Grant and the military
commanders of the districts—in odo case Gch
Pope and in the other ease General Ord—came
on to bo beard to-day. The court room was
crowded by lawyers, including many of distinc
tion, and other interested auditors, among thorn
the Secretary of the Treasury. Ail the Judges
of tho Court were on the bench.
argument of tiii: ATTORNEY genhbal,
Tho argument was commenced by Attorney
General Blanberr, who saidIt,1s Stated in one
of tho briefs filed by my learned friends that no
more important case than this hits ever been be
fore this Court or called to ita attention, or sub
mitted for its decision. If the gontleimn mean
that the question lot up in their .bill is tbo ques
tion beiorc this Court, if (hey mean that the
uestion which now divides tin
versy here; or wilh Grunt and Pope, as cTHsena of | State, putting that math r in i ue. I do n-
Illinois ? Not at all. It is not. alleged that clllier | any quertioftaoi' .1-1., a Oonrtof kq iff ty
of these defendants is about to do anything in his
individual capacity which is a subject of contro
versy between him and the State ol Georgia. Th-
controversy is not with them in their individual
capacity a* citizens ol States, but with them aa
officers ot the United States who have no Slate
citizenship, but, arc bound to reside here. The
place of residence of the Secretary of War and ol
the Ci inm.uiding General is by, lajr berg. Their
official residence is in this district. It is against
them as officers that Georgia makes complaint, and
she seeks to restrain their official acta.
A court of equity looks at tho substance of
things, not merely at names or forms. When
you are asked to entertain the limited jurisdic
tion given to this Court in an original case, and
make
rk fit
'"jiirt to decide win :N rn State lain the proper Ho) -
merit of HWHyitlr wftannliiin n The gentlemeBto|>-
lere. and ask your honors to find that Georgia is now
1 State of ■blswAlktkty alleged it as a matter;
of fact, I have a right to deny it. And what is the
consequence? Jf thi- court had jurisdiction to decide
tlint ueorajklisfi State, it lias just the sarno jurisdic
tion to decide that Georgia is not u State, and that
great political question—State or not a State—i- set
tled, and settled forever by this Court. But what is
next ? It is alleged that Georgia haserrtain political
right- and privilcg, and ah, iliit • •• his certain
i>ropcrty. “ ran sec very well where ray learned
friends were tending when they esute to that part of
the case. I can see that they had at least soifie ink
ling of the difficulties of bringing a State into a court
of equity to vindicate its political rights and the fran
chises and rights of its citizens. They saw that (hero
was no precedent forsneba proceeding as that. I hey
question which now divides the people of ML
United Slate* into two great parties is here, if
tber mean that the great controversy aa-to the
mode and manner, and lime of. reconstruction
and the settlement of the state of things conse
quent upon the rebellion is hope for decision, I
am quite willing to adraif, although I am arcus
touted to hear iawyors overate.to the importance
ot their eases, that tho importance of that ques
tion cannot be overstated; but if that is theques
tion hero i find myself in n very awkward posi
tion. If the political question fs here, and I am
to talk as a politician and not as a lawyer, I
should rather choose to take my place bv tho
side of tho opposite counsel, and argue with them
tbo political question; fair all jty sympathies, so
far as I am a politician, arc with (hem. If, how-
ovor, as 1 conceive that question is not hero at
ail, if here wo are only to consider a judicial
question and the case beloro the Court, ami if. as
I apprehend, I ant to speak only as a lawyer and
to the ease, then indeed I feel myself tv be in |
tho right |toiition, and, I may be allowed to add.
find that as to parties it must bo a controversy I saw the necessity of founding the equity jurisdiction
b...^. ._auu agaafiaffigayaisaate.gas
?? u , ,0D ? rs when you come to look at this I wcro about to be disturbed, and therefore entitled to
case, if there is anything that fulfills a single j preventive relief, a*an individual would be to protect
idea of such a controversy ? Suppose to-morrow I his properly and his rights from irreparable mischief
Mr. Stanton is removed or resigns his post as I * nJ E»tal though it i.j mentioned that the
Secretary of wkni btateownslauti-.ifisn.iclaimsdthatanyliady i*eniujf
BfiCratary^of War—what becomes of Stanton. * I totakcthosolands: it docs not appear that anybody
citizen ol I eunsylvania, defendantin this css.*? j lias erected a nuisan. ■ on tho-e lands, oris about to
Is there any controversy left between Georgia | erect one. It does not appear that anybody [ Is about
and Stanton. :i n individual and a citizen of Peun
sylvaniaf None. Straightway it is necessary
to have a new officor of the Government here,
and thpy must substitute a new Secretary of War
at once, if he is a necessary party. And suppose
that Secretary happens to be a citizen of the Dis
triet of Columbia, what beeomes of their case'
then I It Seoul.; to me perfectly clear that there
fs nothing to bring this case within the letter,
the reason or the spirit ol the constitutional pro
vision giving this Goort original jurisdiction.—
It is unnecessary to take up time on this point.
Next, if tho Court please, I come to the more im
portaut question as to the nature of the right set
up here, the alleged infractions of that right and
the relief which is asked from this Court to es
tablish that right. First of all look at the tiinq
and state of things when this bill is filed. Tin-
ink with which these act* of Congress were en
grossed is hardly dry. Congress has just ad
. - ligation and prevent tho Stnto bet
vexed by suits. It is simply alleged that the plate
huswa<h.l**mK The,« military ofi'a-ors do not p;
to take the lands,. nor. van they
guyund ratlOc-l by the people of Ul ■_ |
constitution' btcomnthe'emtdilnlkin of that State,
thepreent organisation of Georgia cesses, tb* pre-
cut State government is displaced and loses its hold
of those trade: then tv here do'they <ro? Who docs
, the present Govern mens hold them for? For the peo
ple or Uoonria. for public, uses. ...
If A Pfew constitution shall come Into operation and
be ratified hy the pvoploiofGeorgia,the new Severn
Client will bold tb 1 ’ ' '
lor waste, li ‘ "
ffesiinsfioit; I ■ I _
them to other user, not as in the csso of the property
of a private corporation to turn them toother uses
aha to the purpose* of a foreign corporation'*-but at
hut, change the form of government as you- please,
own all these
■ daws are ear-
11 IM these lands, before we
can touch a single one ot; these rights of Georgia; this
... n>-<*i tu murfeno. And what is it asked to
aa'fffirtlnetUih b'etwcpn matters that lie
thacommauding gone-
Ti
[ in thidchoh-c or discretion of
iff. jw to th«yexteiit.to which ho will execute military
tie there nod other matters. lie has simply said, I
will execute tho law. Now lie can execute it in two
„ . ■ ■ understanding
what tho acts of Congress are, the allegations In
the bill will not he well understood by the Court.
Those acts of Cong rose are very recent. It is on
ly within the last month that they were passed
and yet they are said to be here lor an adjudica
tion. The first is the act of March 3, IS07, passed
by the Thirty*ninth Congress, towards the ciosa of
ita aesslon, over the veto oftha President, entitled
“An aet for the more efficient government ot tbo
rebel States.” The Attorney General proceeded
to state In detail the provisions of the Ml itarv Re
construction set ol March 2, and the supplementa
ry act of March 25. This is an original bill in
equity filled in this Court. ThcpjrtKs to It—I am
now speaking of tho Georgia case—are; the State
of Georgia as complainant, and sole complainant
and Edwin M. Stanton; the Secretary War; Ulys
ses S. Grant, Geueral in-t'hieiof the Army of the
United States; and General Pope, the Siilitary
Commander ot the Third Mllitaiy District, in
which is comprised thu State ol Georgia, as defen
dants. These dlflercnt officers arc also deawwM
in reference to their citizenship, vl*:—That the
Secretary of War Is a citizen of the State of Penn
sylvania, aud General Grant and General Pope are
both citizens of the State or Illinois. That is the
character of the case so far as the parties are con
cerned. Ho next proceeded to analyze the various
allegations in the bill of complaint which alleged
theao acts or Congress to be unconstitutional and
void, redlted tue orleln or the State of Georgia
aud claimed that tbelr execution would annihilate
the present State of Georgia, takeaway all its po
litical right* and Ihtcrlere in its domestic atftir* in
particular, not committed tfi Congress, especially
a* to the-exercise of the right orknflftage in that
State. The bill alleged that the President, al
though he vetoed these acta and endeavored to pre
vent tnelr passage, considers it bis duty to execute
them, and Hence :t becomes a part of the lnnctldus
of the Secretary of War and of the Commanding
General to receive orders from the President ana
transmit them to the proper officers who are toex-
cento these laws. It Is alleged that Mr. Stautau
and General Grant gave out iu speeches that they
Intend to tssne and transmit such orders as the
President shall, give them. It Is further alleged
that tha President has appointed aud designated
fbrthe district In which Georgia Is comprised a
Military Commander, General Pope, a citizen of
lliluols, who gives it out in speeches and threatens
to execute th»e laws, and will execute unless re
strained by the order of the Court.
*i Thi
tho
avert
joumed, aud at ouqa the controversy,ll/ut raged. I
there a lew weeks ago is,brought here to be set | riedout. Before woes* touch these 1st
tied. The President attempted to setdo it con
stitutionally, he attempted to give the rojiet
which 1s sought here in the exercise of Ms eon-
stitutionnl powers: the- President; while these
acts word upon their, passage, attempted to *t<>y
ibew by his veto,, hut Congress, also acting
veto
passes, ana wnat inenr ucioro any wing was (leaving Uuiui all uutouubed.' It i* met-alleged that
done beyond d signaling the military command I i’opo threatens that he isgwing to <ll-i>hieo tno Gov?
• s this bill was filed. j eraor.-thaLpeiSlathed.11maSfiwiilfiihexecutive olfii
Let us begin
veiy moment
diction now iu th
these laws, there was jurisdictjoh on tbe 2ft.h o’ j leaving them allin perfect i> lay
March, when the last act was passed Wore the J fhc first practical thing to "bo done under thesa laws
Presideut had oven appointed tnilitarv coniraan I-»the appointment of boards of registry to make a
dew, because, recollect the danger threatened hen-1 preuaramry to election. That
Is altogether prospective; If. U that theso pa riles, I } t . f* fo be tahln and
J itiuclion is to stop duu very thing, with a series of
of War, and the Military Commander give it out I others that are to follow aBertrards. Here is uu al
ia speeches and threaten that they will execute I teqipt to induce a court orequityTij stop an election
tfce-elsws. From the beginning.' the samo allegation | Political election—to prevent tho rtgUtralion of
on tho right aide; and I shall take care, through might have been made; for the President has said I v °tcn'. by a decree of a court ofequity, before any
tho case horoafter to spsak of it aa a lawyer, and from the first it has always been hi* doctrine, and SSwrerfi?!. "SSSsX mrey bqyond that
to speak of the case before the Court, for in ray t hope always will be. “The moment u law is J Mug |j,„t the t^hrrSiMrrTftimtfia redi^ Ut
judgment the great question that now divides us, •« -- •’» "‘I 11 * JffSJg®***"*me aftcrward8<odq, and some;
flout one end of tho country to the other, is not
hero at all—it not to bo discussed, and certainly
not to bo decided; for although this Coart aits to
entsrtain great eases and to decido great ques
tions. that question this Court ean never decido,
and it is not one of those great controversies that
your Honors ean take cognizance ot
Then, in the first place, let me endeavor, in as
few words as possible, to get before vonr Honors
what is tl\e case aud the quesiiou submitted. I
think the best way in whlt-h I can present it pre
paratory to the argument Is to begin with the laws
or acts ol Congress that arc here brought iu ques
tion, upou the execration ot which, it Is alleged by
the complainants, that they are to sutler Injury.—
1 deem it proper that tbe Court should first be lul-
pitsst* over mv veto, nothing is left for me but to I thiu^tbat the'conveutijris"attPws m d"a“Jd
exeento it.” The gentlemen might then have be I somethin* that is tube the result of all these labors:
pnn at that moment with their bill, and have tmid I pot. these thinps hare n«*t ytt happened, and my
to tbia Court, “Stop now the execution of these I HWJ® to begin by, asking jou to *top tbo
laws.” What doe. that mean? Thft^I U |
veto, a judicial
—ort is final, end
noCougresa, and no two-thirds in Congress can | lively before tiiqy twol.at into exccuiion. and the first
change, alter or modify that. It stauda fixed us [ 'tl'ns'this court ts lu tin is in stop tlu.- ri-^iiiration. I
tbe law pronounced by a tribun! that rent-tins here 11 ffAr il? S r .i?*T*& hnis fn equity in various
lor «fe, and cannot beset aside by any clfanc, in I ; i pe
tite popular sentiment. Itsettles it forever. Isar'j tvCarg the e^s&!&£2 ft MAyfti
thls.ta an absolute veto, it is precisely the (tame j officers ami invert them with n<>wsr’s. tf these ofiiuors
veto that the Roman tribunes had. What, was ( «>d tlio*i- |.owo« ::re rnins l-t imado aur risht-c
riii 1 ’hey are theriKlits,<if outer officers iesally. cxccntiiix
r. Jlrttvi-yolo a ,-ocrt of crd it}* to be re
considering the grave lawyers engaged in the case,
it is rotber singular tliat the bill does not contain
evt-ij :v rrayertitat the heleudants answer. The
bill commence* with the stated)-rU that ltJa filed bvii-iuncUtm
by the bt*t e of .Georgia against, tneso three defen-1 t tun redirect
dams, and eonijd.'tiiis of them, arid conclude- with into its charter
the common, ordinary prayer lor a aapSa'na, as
well as a preliminary writ of inj inction direcl .il n>
tiicse parties, commanding them to be and appear
and stand to obey, abide ami perform, sueli order
and decree in the premises as to your Honors shall
seem meet and shall be agreeable to equity. It i-
not unusual in this common form to insert “and
answer the premises;” but that is the merest form,
and, when suggested by the Attoruc-y General, it
appeared to be'suggested with some sense that was
unworthy or him and of the case. It it be a lornt
at all it can be readily amended; and certainly it is
a matter that does not belong to a motion to dis
miss the snit for want of jurlsdiction.
Again, the learned Attorney General has .sug
gested that this bill, in praying for this injunction,
sought to enjoin, in general terms, by the prelim
inary injunction, nil aud ever,- act that might be
resorted to tor the purpo!d ol «q:ecutiug these acts
of Congress, which he lias tailed laws, but which
I call acta; not lawful acts, but uuiaurtui acts. He
has overlooked the circumstances, even In this
minute investigation, ol the mere attorneyship of
J^othing ean In
•qttity
feud A right of that description
clearer than this.
it is a settled jurisdiction of .•(jttity to testn
in_, .tiempt to -it v.ft a eorpora-
it-i prupcay to ojneAl-ea, ortqyiq
• au iiiu-tratioii is to Ueiound m
the etfi ot Ward Vo. the Society of -Attorneys tl
Colly crib Nda Cases in Cbune* ry, p. o7!f,) «lr«
esjtmlslly the precise evil In its judicial eliaraeter,
o: which tve tomplaii. here,. Was attempted con*
t rary to the charter of the society. 11 was a -odety
trained fur the pur; Ooe ot imprinting 1 and educat-
ing the class of attorneys and those who were
studying tor the profession. It was proposed to
admit into the benefits and privileges of the soei- -
ty the community at large. It might be sold to bd
extending the advantage.* to a greater number,
which is the quality that gives all the merit to this
proceeding that can be claimed for it. The court
to brinr suit.in reaard .to thm lamb- and that it no-
ecssaryto stopWation aid prevent the State fceine this CO mplaint7and that two distinct prellmtaiy
iujiiuelious are prayed tor—oue, in generai terras
forbidding anytliing to be done- totviirds the exti-
entioh of these acts; the other f);j,c aliy seketiug
the particular acts whence the unsciiief sought to
be i>revented must draw its Ufa "aud origin, and
stopping, as was very correct, certainly, whop it
has designated these particular acts, and m.t;....
no ction to enjoin or to prevent ulterior or
qneutacts by high departments ot the Go
men:, whose actiou is eutiru'y beyond tbo juris
.7r>,'!iere existed was the legitime: - unit lawful
. ■ .ni.n'.-nt.niulcOnsequcutlss I)- .- : : .li i|,- i : i i.
’; *' > T " ' ■' -ec "i i.-.-,-a-I-.- fit: tIi(Mi;.i:;.-i
iMprupnr .t .i , - id.-e.ility .>< n - e.un-se : the - i :•
'.e.ie i easup- would lead Co the ot erthr-ov <u tho acts
' e"«rc--. l.ur tl,Bgreai bugbear with which it is
• l ,vuit can be driven from it- proj.ricty
l* thut tin- is a politieal [ uuderatand
(ho teaorot tho argument; it u h :i! t political
ivr-'.r " ' flue " >t'(i I-1 ■ i i 11 -a I,
hat 1ftouches party eddies. I lutmbly apprehend
irar ^i- IS 1, iV; ,bJ,>( ’ ,on tu t lL! Q£ u U onU'ttawiuiz,
iurimctiOD. \\ hat t.» common o« tor ;t court of iu-- 1
five to be obliged to nara in thatsc.-e u-.mu u purely
I'olitiealquestion ? lie admitted tliat the Court h id
no political power, indeed no physical power and
was compelled to rely upon the executive authm-ity
for tho. faithful cxeeution of its judkmc'nts. if the
subject matter of a suit he otic which the process ot
the Court is adequate to reach, and if the right claimed
he a legal right, or if the wrong complained of be of
a character susceptibje of being relieved against.
nvso. and it may hap
-eventli “ '
if them
y. -ons of iha;
Utbt l-cctclqai,
■i l.v act of (
then lau. down the doctrine that not only is a cor- j (here i*no objection ari-ing from tbo delicacy ordiMI-
poratioa entitled to preserve its existence! bnf It T oul, >' the question ‘that may be presented or the
is entitled either by itseli or auv of its members to I ’ , “ 3 '* lon3 w “Ieh tho decisions of those questions may
chance to exert.
Thu writ of habeas corpus was an instance.
_ were eases
1 btales as to beuudary. Tiie c.tsu of-Keiuiall
a on, ana w« power to issue an injunction as
by itseli or any of its members to
the'proc^s ot inhni'etion ^ I The writ of habeas corpus was an instance. Tho
nets t i - - -r-V? u l c P rottLt itself against operation ot that writ tvas to arraign executive power
3 ft. “ ft0 , at * 3'rcvcut it lrom preserving its con- I and to determine tho validity of executive acts.—
slitutfon and eontinning its *.‘Xi»tenee. »ball wt
be told that in a court ot equity, having jurisdie
tton between the-portles, the nettlest corporation j —
Store.,W-j ''
IU*' ”"*| I" | A T|2t)rhi!c (hejudiciary cannot
^obliterate the .acU» however
ciared thittficy will prevont/ourholdlng onrclec-1 the i*j«i.Muristratc.‘l_,
arb about to bold an election fbetMr.lfed*anAi.,h wh,e }» •«. not a law, which is »oid, end
stitute anew body 1“ ^ SStS&ZSL
.-.y-rnmvli umry.ai, tl =>(.,'
tlPb-ftw.-it uf . . -1, ‘.’mak.-.;-. ",
then- indeiicndenco is that they -1 ,j rn " ' •jc - f
and control eaeh other, not b‘y the '" i -'
lence of any do-, notion, or tho o , r txcrc, se of
thing that would amount to insult fe'h n, '° r 'f C
perfortMing its own part and mikin’^?, 1 , y *0ib s--'
tn the extent of its eonstitution,) no~. fu0c ticaV
This is the great bulwark Contrivc./hwe ani| «S»
ancient times, and carried into exccufi, l‘ C »*<3R
by theiirmhana of the fathers of thi-p n
thi? I
coursa t There ir m, eertaitffr a m"tjT r: '
these departments Ithmk it
diction or this court. It will be sei-n that the idea dispensable to
nor d c t VI i s' ’ uh - J I fn d • - h t m' |® 6Lrlous r ^ dfi0n to appreheud that wculd be per-) should be exempt from tho coercive process of thq
^ ^ 'Mid tl I formedA v i submit that no proposition upon'the Lourt. But that isno reason why the Court should
standim, alone, were uIto|Ftli:-and purely anxii- nathoritics coaid be clearer than that- and tl." 1 “ ot MWVWW itaju^etueiits and use jt*
iaty and lesdiag to tbe oth/r, aud, therefore, to be ground©! the jurisdiction ot a court of enultv in l' 0 «"'‘ e - Ja hord l nate officers, admonisluug th
regarded aa unimportant ah,-.in igu,;.eantin them- inch a case may ^i be comni^hSth Vh? 13 tUela ' T -, I that such an admonition, when
selves, eo that the court might order tbe injnnc- of courts oi law tothecorrelaGvo I ' h 'ir Cuur N il . t .' d ^ '<* >^V' t
and, if thesu was-a teebni-[ peison, a corporation—namely, au Indtvidtnl per j eafcftwifJFdho.Irtri^itcbqqkef^'tokixn^ way
cal djtnculty in that icspect, as it would be mjpro- son. Au individual who is threatened with injur.- ! a , utt fievent its exeeutioa. I say that n is a !;trc-svoi
per to atal In that manner with those aeta, then,tbe (to Ilf" k - ~• - y - —‘
i his person, to his liberty,' to his life, is not aiV
abuMi
xecute
sutijcc
is. that
tions.
ts of a particular lujuuctloa; aud the prayer
theeourt graBt, boUi or one of these injuac-
li th - r ; who moy-Mtir 1 ’participated in I ties l'or'fhe^SSl^r^R
•ainncv l»i ! I»ivn l.vtwi bc mi-., in » . N1 .. ..
I the most jniljiablo descriptiop, .then, to tyi :.-
tae Court hating or not having flit jiowcr to ex.,
its decrees, a o o Jraotjastieo: in ft lVco catratry ever
had the power to execute its decrees. Ewexy cfcurti
t look-tjf jhc E«retfutiVo'Ddt.'srttuen< not 'to give
at hi* euCnawidfta execute them. IThe Court«t y bo
.... . .— 'tlie'fpttria|
all criminal lawsmnstbe admielatercd on wlut I n means . tp .eyijfj^its 1
ye a man his ;siire- I ™
puhlio liberty,i it&equfaSVP^n^oT^;-
<lC (i°" ‘‘k ft <hemVoida'"*'; uttert' 1 *
alone, and by its own powere ’“a? ofS,
government and execute its will ik * P»Po*rn
whole scheme of this division ofnowe? 11 tb
iaiuity occurring of » Presidenr v * Cr \ " 1th th, /
aewateree-tn theirmandat^N 1 }. 1 ^?’’ G*un,j r Jt,*
nnlnwiul act and threaten the
pearhraenfol one off heir lkyd!<S C i'Ja‘lt Ik; •;
Mm ol nnothcr if he doc? a u n ^ ‘ h ^4ci “
nrno niedotir.often in thatofl5re> 0 ^ ! , i’.¥* a i>«r.i«
yiold.lto. thou- power, partienUri. lttl
*;iectnl function to dccidowhatiTf.r ’u ,r -
stituWonal. Thus in that
".'■Vat.ii,
never affords the rig I
* excreiso of jurisdiction. , it has
courts ot justiee, 'that generally
rt‘.OS GYflWlhk tWain-alvne C,, n U ir.
that? Those officers, chosen during tbo republic
Baton benches; they dared not euterrhe Senate j never dreamed ot if, Hhtaej-o foranao woirantd!
house; they could only be elected itoui the plebu- I L !af toeee Jefcndaiits wmaot compel the regi.-lnifi„u
inn*. And ye, tke majesty of the Homan people j | rh ^‘ a *. ,, ^ om J'- |n, 'j , >«t»>J , rGeo , Tia,blaek or whits,
peso by preventive injunction and to stop from
> people
was represented by them, and they had authority,
by pronouncing one word, “Veto,’" to atop every
ordinance, of the Senate—to stop the execution of
every law, absolutely and conclusively, without
appeal. That power, was called by Cpsar, “77/i-
ma jut 1r1b**anM." Wbat in this, your Honors,
but that f Here, upon tfu: paBsage of an ac, of
Congress, before a single step u taken toward its
execution, bpfops any qi'e arises, before any in
dividual is hurt, before any parties appear, come*
tbe State of Georgia, aad makes parties those who
have not as ye, executed tbe law, but who threaten
to exeenteit, that is, those upon whom the law im
poses the duly of execution, and a-ks this court to
stop the execution orthe law, to decree that it is a
dead letter, to say that nothing Khali be done under
it, to say we v’eto it, we forbid It. Is not that ab
solutely so? It this can be done the same juris
diction may bo invoked wherever you can get- nom
inal parties; tnay De Invoked in regard to every law
that Congress may pass bemre it proceeds to ex-
ecution, and before as yet a cue bss arisen tinder
it. If there is a power in this Court to veto laws
which the people consider wholesome and neces
sary, and Instruct- their represent*,fves to pass, i,
la high time that they should know it, bat; such a
power has never before been Invoked.
Tbia is not the first occasion of which the pc-o-
S lo have bean convulsed from one end of the
nion to the other on the question of the coatti-
tutfonality and expediency of a law—tariff laws,
annexation laws—and itwould take mo a long
while to go to the end of tho chapter. Laws of
various kinds have been passed again and njfain
by Congress os to which there were.quc-ations of
constitutionality and propriety. If there was
always a power here in this Court to siop them
before they get into practice, befojn any caso
bed arisen'under them, it is a curious thing that
this Court was never before invoked on such an
occasion. That on the contrary, tbo-pcople
thought the only way to deal with those laws, jf
they did not approve of them, was to *eud new
members who would act Upon them to suit the
views of the people. That was their relief t or,
if laws woro unconstitutional, tho people waited
until a ease arose, until some individual was af
fected by them and appealed-to the Court for ro-
■Mi
aw do ibi-j. autiiorizo the military
not eo-
- ii
Con
_inning to end tbo execution of these twb acts
of Congress, to step it ii6w, this moment; for
they zay tbai if ,Ms is allowed to run for six
months tbe injury will bo consummated, and
therecan be no relief that is itat instantaneous
add preventive. This Court tbereford is asked
to enjoin General Grant and Secretary. Stanton
from receiving any orders fr<im the.President
and conveying them to the miiuaiy comuiaudcr
of the district, nnd to oojdiu that military; e«tu-
rnander and the forces under hie command and
all the machinery that is to bo set at work by him
lowardscarrying these laws into elocution, from
taking ono stop or rnakingeao order towards
their exeoution. But at Imtths avatJeorcn ^itop' . ....
before these iaws are fully executed. They carrv .agh'D passed, or P-Articular^egif-l*-
their prayer for an injunction down to the meet- tegiW ,W riT 7 " ® f V*® members
Here wa* fin attempt to' 1 give n qualified veto
power, to he -Trattfi, not In the iudielarv alone,
tratin the judicial^ wiUi tkft ExecDUvo sitting as
only when it- shall regiil
its cKccotion, u;
ing oi tho Convention. They might ah well carry
it turther, and cpjoin the Convention from form
ing a constitution; a little further, and ertjoin
tbo people from ratifying the constitution; a iit-
t!o jurther yet, and enjoin tho President<,f the
Convention from sending that constitution here
to the President; a step further, and enjoin the
President from sending that cogstitutibn to Con
gress; a step further, and enjoin .Cbngfesg frbpi
accepting it; tor after aji that ja'eha pbint that
works all tho mischief, and nothing but that
does work it;Jpj until Congress acta nil that is
done is “leather and prunella,” Mo State con
stitution now formed if displaced until the final
act of ooutummation by Congress is done. Why
not, then, my frieuds, have gone a step farther,
and to get relief enjoin Cbneress'froin ratifying
tho constitution. Until that net oomes yon ere
not injured. My<first ohjectun is that we have
not such parties here ai authorize thi*Court to
entertain any case. Tho bill is filed under that
clause of our Constitution which gives to this
Court original juriadiciipp iu a controversy be
tween a State, afi plaintiff,'aud a citiken of an
other and different State as defendant. The ju
risdiction is not .be canto of tho subject-matter,
but beeauao of tho patties; ao thatjif it happened
that Sunton, Grant npd. i’opc were citizens of
tho District of Columbia, or of a T ‘
citizens of this—
be no case,
very parties
have a State as plaintiff n-j m if ton a to TTTi
I will not stop here HIM potnt of Hie case io
question the right ot tha Btuic of UcontUd-M x
provUlonal goo rium i:t or othaiwlM , t<s bring a
suit. Tbe purposes of thu argument do, not rc- i rfl.-
quire that. It is the character of the defendants' Court will never a
on which wo rely to show that Hus-Court has j,o ' '
original Jirlsdiciion Iu this tMhe. What'Is tho
tniMiiiiur ot this . ...u-e th <-.-i>lfl .; -m :
It not suppose sn actual conlrovu -y bcfWion a
State and a citizen or another St-itef What ft the
giving the jurisdiction? It is tlint c
dross. Our laws operate ou. individuals, and
have their virtue and efficacy iu operating 6n
individuals. When, in the caso of some individ
uals, the general nuisance of a bad law becomes
a special nuisance, he may bring ii before the
judiciary. Such. *; question was made in the
convention that framed the Constitution. £bu
scheme then presented was not - half so bad as
this. But something like it was proposed by
Mr. 'Randolph, the elder, in the convention. H*
offered this resolution:
Resolved, That the Executive luidmcnnven-
riant number of the member* ot the national, jur-
diciary ought Ao compose a Council or Roviaion,
with authority to examine every act oi flic Ka-
tibhai Dogfslatnre before it shall operatc.'and
every net of n partiehlar Legislature before a
negative thereon shall be final; and that the
dissent nf said Council shall amoauttoa rejee
tion, unless the act ol tbe National Legislaiure
coroiuiuiutdcr to .-ersv aud punish any oue for n dt fe
rn* to the election. It a lift entirely to the citizens
to deeide tar themsslvet- whetlior they shall be rexis-
ten-d ornot. You cannot very well slop them. It hut
next ? An I-IoclSTL jirljt. WI)<; votes at tho eloe-
tM'n t- JiM who ciloore-. How do von know that
anybody is gouiir to attend that election ? How d..
j oukiiow that.an vlcctiou a ill bp ordered, or tliat. If
ordered. Georeia is coins m acoept the otter wade hr
Coocmo 1 Tho ikjoi Io that the State of Gcyrciu
‘■RWPf "ere t<> protn-t «\m fro tar I theutselres oRsirtri
aU this mischief by hot count toUie t-lcditm, because
tb* nisrhwr Htbf ♦lodwi ufa'jrovemimTit that it*
Tint, sun-
tor dolc-
.. P CO totho
„ ,?“??•, j*!”*- *» njdaw to punish them, fi.r not
attcudiui,. If they *«. they fratao nconKtitetion.—
That is toft to themsplvss. Con«re-» ntnmy savs that
a certain prevision in retrard tosntTraxe must bo in-
jertad iu Ulc eoiutitmiuii »t it will not berecosuized
by the- lejrubitiK- department, if the convention
cannot nZTPe. there 1- an end of the whole proceed
ing.. i>ut if they aerer, and make a constitution con-
Luuinir thtretipulaiion provided for by Congress, the
people mv then to hold an election to ratify it. If
theqa-eptr rarity tx It will be beoewjthey like it. It
is left ter them to do it or not. Ifthey.lo it tbe nest
, r’-ililV; .™' 1 1 1 * 0 CopjUlUtiou to the President, ami
. - oiHi it W to he f nl to fonj-Wcss. and tiien fVinrress
istoqci. llK-rc t.lints all lie in the unknown and
unascertained, tuturc. The appointing of boards of
registration lira within th,- power of the military com
mand or: hut faeyokfiI Mm ecarythinc is citoioc—e*o-
“ 01 r H'. n « a m *>' happen, thing* way
nor nstjocn. J'l-'t aocprdiijjr to the temper and disposi
tion ol the people who arc to act. ■ •
, .A* °®v vf W8. is so Wise as to reo into that fu-
In 10 happen, or whether the mis-
wiwfli cwilji'raep **' ♦ k
definition of a tyrant: it is exactly what
looking to the general nature of that object. But I would iermimtoitteiu^ire “ ^?omi,barbarous tfihucs.
ffthis bill and its objects; there is nocvli pointo' 1 j the uuecssity ot imbehjg permit ^*10 cXereisifits I ^Mri^^sdSuoiT'lcwraio tbuEsccuUve potver^of'tlio
out aud ihereUno rqtbt sought to be remedied I iranchise andobtuiuan injunction to restraiu tue GoveintHent, if it sees fit, instead of doingRs duty
falling witbin the ordinary cognizance of a court [ individual or indivfduais who would prevent that | and eulorcing our decree, may set our dacreo at d idi
ot equity. It is sztd that we aii sufivr, no injur}-, (act. This doctrine is fully sustained bv the de- I £ nc ? : uothmgis more subversive of sound principles,
because the existing goverumeut is not to be abol- cisioa of this Court in Dodze vs WooUev fl8 M?ae» a. proposRion never «®>rds the slightest re.
isbed, and nothing cau happen under these acts of Howard, p. 841). Ntfw. irGef re&^ahnot hmd ^. e ■ ' ■
a mischievous character exeeut those things wbieb election her government breomci ' been of « ? '* 1
Goagtosaafte
constitution framed and a government loaned un- 1 1 b eh all” As 'a corporate ontit’T’the’State "ia^xl 1 l\’ ical ccnsequences ibiiowedJ So in'this case:
.or -s decree will exeento itself. 1 Award the writ of
.nctiun. and. what may bo called an executive fii-
iHS. ^ - ... - | — * appointed, though, to he sme, appointed by
something ulterior and beyond the holdingVi'a jappropria'te'rT-medi' la it not Ut^onlT remedy mc^rVhaHwVjuffS 2f Sn'M^SSK'rt 1 ;
wlthlt 1 ^^ relridarV^riRt^r^imd^f^tJtfoveriiment, uuddr the cijhlty system as applicable’to minor ^ty of thoExooucive to carry it into execution, 'if
with tt» regular Lesrislatnre under the same, they) corporations, an a is it not tbetoeily remedy Under l 10 ’? Us duty apd refuses to execute it, yourof-
do make provisttui tor a report 01. these facts to the equity system ot this high tribunal as applic- You liave redcemt-dallyourcbii-
theiV.riaeutaftd.to Uongressia^oy UrwM--fobfu btivse great corporations that come P Lre I ^nS.thoevHrad^cV^
present day, and the<sUame-zhat will titli upon
wrong-dyer by the impartial voice of a disinter-
,10 ^ ctlintil tllLl new luourt agafust the'peo[do“ot“aDy“otherState"than f {>«■»thcpassjpnfof tfTprS^t'dSy. ^fp^/l^your
SMtt.U thus admitted through its representatives I their own, who may invade any riekt of theirs ? T I ’’ohdr? and touch you n6t: They rest uponthe £xec-
Ittionvresa Th,* L,^„... i .. f * -c- 1 I utive. whu. violated tho law. The-Constitution dc-
ound to see (he laws faithfully exe-
8oe every Act of Congress faithfully ext
:e ian-s. in seeing tho Iiuvs faithfully
ti 4 . j- la j, . . . —’-j .. ♦ i ii* ,i ,r T r ■;—:—, v. —hsisvis.»,r. uuuuu* i t -- of couno ojirry hUo^xecudon (he
■ But unnoubiedjy, oi ail such action as lhls, 1 ^tltuuo^ai ana unlawfol: , J njvtementa ot courts oi' competent juriiaieticu pro-
these acta establish a military government, which But lt1a said we have not proper and competent li< j llne 1 e<1 upon enses within thfir jurisdiction, and
the learned couuael says ifi;insoroe sense dis.- porticej that here is a suit against Mr* Star*ton " ,* lll ft* L ‘* ( * ,m ^te r G eneral is directed jo make an
uppeal.to i
Mj^w. ItSoslTthis uSioSrra^CTntoiJleM.
without, I may say. the aid 6f the*?trO 11 txisU era
, ? z . in -*.° <*>o Constitution yon find rt «J den H
that ! allows iu such
thira department can step in, tbs a
^nt from being thus, efihffi[^f 0 'ttfij*‘fci , r.sl-
and to his wil , made tho insLniKmt^?^™
usurping, domineering and ,b ».«cd<-
J he great a nd .striking ease ia
is might have - eon antieipsted^ tap-
e tbo i>o\ver of a great major>iv »u i!i?, he ' *’*'
as this:
where tuo jmwer oi ag.-eat mayoriiv
crush some minor for y „ i n t he rebuh^^^?^ ' 1 '-”
States in a fechte HwSftioir^^Uori tK
fuiMoa by the Constituuon.to have *nj Sw ir '
alhes. are allowed to eom« inre S'.?®?■»'“ 'w
ccss, nmeu mo court iscalltlcdto bv In sii-d
foundnpon, a., 1 by the law of ihe nzrcn-lsl.^? 1 *” lnl
we have inherited protect
belief pf lus mind snd juitamem. sceoS ( V‘
conscientious views of the right of the?& 2L‘i£*
him a complete proiection' aralnst .ny
gress onal tody against him through its c'urijfq!,
peaebmenf, unless they should adojwmto!^.’ c J*
strous and rovoijuiooar}- ttjai as a.numeral
^hiJ.iT.i, 11 '* ’“^mejn.icticr be deprived ofilun,?
which.ffiey woifid claim fora purpose so K
Now, if jour lion -rs please, it is from ihe-e -j. «,«■
the subject tliat we Oonteml.that the Hiateof
Pj’°P erl . r comes, hero fuy this remedy, by *liic' ; i,
pematvherown existence its a‘State—iferi1fs')l»a
t }$ ; *®f‘W’h*rBVi»s. h}5 law, jeer Honors Hum
functum toperform but to say so and toeln-iltik,.
If tha Kxacatrae contend, with it: if the fear .fill*
demnatlou iu the court, for the .trial of the
meur* should be so Strong and so great- whicta [!«,
suppose tu :the, c-*io of this eminent ciusto t
wtmld hot dare to -taftd ffpon the virriicstb i rh:c
to withhold his orders and proceed no
it has been suggested tluit this Court cannot issue
an injunction to restrain the Court fur tho trial for
uovi o**J o w IU O'MLiC tcusc Gift* i 1’“* l, vw. mat, ituc fcUJL KuaiJlriL Mr, I « • Vi . ... - . ,
crciionary so far as its exorcise ajraio.t Individuals General Grant and General Pope, wha iiaimen to ritaumT‘ii ftreored '«*i n ^ subol :‘ 1 »r i y<>u.r judgment^ ..flordJ ‘very ‘irir.'“to to a r!
Is concerned. But it anthoriz-/ and jjireets, it be citizens ot other States. But, says rta»?S'raed ra^not 2^'t™w\ a Vo ®?»®r» will have done'Wr a5Tv: viuknft.^ £
commands, the hoW ngot an election, and the counsel, it they happen to he-ciH^aftf theU4WCuiw^ftCT^FhSift^i^SS^St
boldiDj? of ^convention in ca^e the elrctors vole 1 tact of Columbia or ot gome Territory, lbs State I to *hat tribunal to which is distinctly- committed by
fpr it, and the establishment of a uew Bute Govern-1 ^Ou!d have ho remedy ia this Court, and would be l “. c Constitution, in the la.it resort,the determination
meat And the first act furlJor dvbUres until | obliged to go without any, N6vr, with L^rent re-1 01 ? < t u ^? tlons as t0 tnc validity of acts of Congress,
b r‘ rt“*t •JWK'W vouatrew spect that Js a very narrow view of the snbject.- CoStim^^^EIU
any civil ftoverument that may exist therein shall IT he Constitution ol the United ritates has under-! further
be dvemert provisional only; and it priirldes that jLiken to prqtect these Slates uguinst foremn In
in all elections to may office under such provision^ } vasion. At all events, it lias undertaken to nrc-
govcrnuientb all persons shaft be entitled to vote, {t'-Ct them against domestic violence on upprlea-
uud none others, who are entitled to vote amier the I tion, nOtotlierwhe, of the Legislature—o, the Gov-
'liitii section o, that act; aiid these pereous are the I cm or, when the Legislature is not sitting—refer-
eqrolled and registered voters admit ted «y‘ tho act ring, ot eoursu, to the existing government ot the
and rotlnjr at -elections held, not by ,lie fetatgolU-i ptaio; otherwise tho General Govenuuenfbas not
ceis, bat under tho direction ot Hie commanding ! undertaker.per dots it seem to IiiiVe beeu eontem-
geueral and By offi-jera appointed by him. I ho [plated that it would Interfere with domestic
etleot is to restrain at Once the bolding of any elec-1 (roubles, ihou ning within the body of a State vs
f fCstrdJn thi» Court lor rlie trial of impeach-
coqdbumipg the I’rreidfDr,iqsuch a case,
cut ot this Court, that the jtqrformanco of:
inent from .
The judgment of this Court, that tho pq'rformonco: of
these nets in rcintion to holding elections for fc-tiite
officers through military agency is not warranted by-
the Cfinstitntitm and an infraction of it, and forbid
ding Ucn. Rope to hold such, an election would bfi a
judgment-m m», a judgment np6n the very point, a
judgment u.sdistinctly pronounced between tho rna-
lority of tho American people'and the American Con
stitution ligaim-t Andrew Johnson aa tho forms of Jaw
and proper decorum, iu administration, and necessity,
iu luct admit. Tt-WBMd bo essentially a judgment tn
•iukmson was, impeached before
tkofourt ol lmpeaehmeut for not having carried
thwntta into execution, no,plea would bq necesjaiy
for bun except, 'T issued au order to my officer tu'
ohej- these acta. That officer was subject to the juris-
dietiou of the Supreme Court. The Supremo Court
is tho tinal-tribunal to hear and determine questions
touching the validity of an act of Congress.'- Tho .Su
preme Court enjoined tluit Officer not tooxocntc these
acts, mid there was no way in which I could execute
them except by violence upon thatoo-ordinato tribu
nal, tho into reiue CoMrt, because if my officer wanton
■fused to obey their directions they would attack
' ' 3; tn
rce into th
. . whether th-
men. see in the distance arc
caso is
.. it hub.
X? bo a case for a court ofrani'ty! ” TlVe reuft do«.^not
sit jar th, purpose of decidiufi,.questions—uncertain
qrf{gjniVconffSeii^quMt)on8—that may bo carried
wi»tasy or aiwtheryrir. ^GtattMloft for thing?
ft
cal threat to iujurc that thing before tho preventive
power at a. court of equity can bo iuvoked. Now I
say to my learned friends that tbc.'r whole ease is un-
ceruwn, contingent. .Tbnroay tbotwisniisehiof in tho
future, but wlielberit will over Como no mortal mar
ervuiMra S2S( T {*: ,s Doi i , J t «'»« iUu»t.rated bv ref-
erotieoio efito* of contingent interest and possibilities
w hioh have beeo heiil not to bo cognizable by a court
oj^eyuiiy lor iirfii'Mtrit*/» mlt*»r /v...•.«..* ...»
I li • tv
held under tbo direction and by Officer* appointed I call an in-urreetion, wblfcb the ffovefotfitni nt'a
by tho military commander, a iu! directing that all I ^ratec-amiolivith its ordinarv means par down —
persons oi certain clarets described sbatt bd the [TheConstitution moms to have supposed that the
electors permitted to vote at amh election. It is; blates could ileul efficiently with tbeir own citizens
therefore, in tile language ot our bill, au immediate and has fjiveti them no privilege of suin>- their uw-n
paralyzing pf all the autliority ui.d power of tho citizens in this Court, but has onfy given the uriv-
titate government b Y military forcc-^tliat Is, plain-1 liege ol suffiffsister bta,e»,T<>re!gh brines the sub
rn — -- t'-"'— - -V •> im,™* no man c uvflu go. cnimoUS Ua tO-tOkC
her provisional or otherwise, to be their consideration fhu race exception, that by
new constitution ihd to be elected siblhty there might lw some people living within
dependent clasa of blefitors. district ten miles sqnuro or less that might be ceded
'to Congress tor the seatot guverumont who would
not be th? citizens, rtf any State, and fheveiore not
government, either provisional or,
created under a new eonstltutlo
by a new arid independent class |
What is the effect of this upon the State goycm
mty lor preventive relief. If the Court pleases,
'ri perhaps, spent rims enough on ihese pffiuts:
■ XtBSr MffiaUfilM Iwt poiht, which is ,bat wo
Lave licre, altor. aJl, nothing but a political cue.—
Sbw, suppose .the mischief which .they say will be
ronsummafed is oons.nmmattNi 1 ; suppose th.it what i i
eminent °f Georgia What sort of a question‘would
X. Jusltbe
c gamethat you
y Borden pre-
the Conventlofi. It*wns rejected, and, instead of
U»*b,'«lw actual veto.yiowvr sa U now exists, pro
posed by Gcu. Pinckn^v-, wai ‘ ‘ • *
you? honors' then enequnti
encounter in the Door ca«e—Luther vs.
cweur-rwnawi " " ' *
•State, under t
Stare ronstitu
Gxtr will Settle that by
ft
meet biii
rn ^ n th * advaneo of tbe
1 government, tins othens. J ’ The constitutien
Plates exactly that state of things.
lu. t'inckuey, waa adopted, instead bf
dlvorclijir the judiciary irdth Uifi conpideratiou of
sneir qhtotwnsj'Teavinc them to consider a law
llarly outne before, hern .in'
ita exeention, upon a proper case ami with prbber
Parties* • Your Honorejwjilaqc, jipoft.tius jannk
that I claim that .this case Is premature; but the
controversy, whatever it may tie. hss riot arisen
tor they wrast bkd*rncontroversy with a party, no
a controversy with the law—they must show an in
dividual. right, not ft general psblle rittUI- ThU
cpnrt aoea. not sit as com*tvwttors <ovcr public
rights, add as euch td^ruArfftbi-m in jho very bc-
eiipIffiF apalns? the eretratldn of rtn obnoxious
law. Itsita only in a coatpoverey afhtr a contro
versy has arisen, it there jvaa n-» other objection
to the caso this would be sqfikicnt, itaip.-iy, that
body else. In bnrnelv'lsntrmre.-fhey have lenpt-d
before they came to. the stilt;/ they baxu cried out
before .they wore hurt. I.d*mo, toy ,4tat u.time saoji
“SfflBBSK&SbSSR
„ iKhta -ln which they are eu-
tltli-dto'ko protected, may not bring the matter
here (orthe tlevision Ot UiL court, Whewveritis
not shrink lrom U;
„ ■en'ently hapo tjfis
ti its ‘ jurisdietlorr.'' I trust
ifwte to 1 take hold of srica
jurisdiction until it -come* regularly, and not active
}qy!offijjs;thwbeu Moca cosne. - ^xt, fet rao«ak,
ou the ordinary —
void
dleo
couditution is ntpjmrtcd by
i»*j88i«aiTO.J
and the President—the pohtieal
there^preciicly inthe.aif '
eonstitutloo—a .State ‘ '
warred upon by. aii ,
reason of irivlnff the Jurisdiction? It is titir n r ” 1 amrigbf-4f I have any conception of
aoveruiRit Stala J:«vimc ;i eonfror* rep with aditt* ^“‘‘Y how Jur doqsUw'ir caso fsHahocrt of
z n of Mzothar siiv.-reicn -Btstc, ot no more hat ol ls r c ?*V R‘ v *.-;rby tlm court.of nquity ?. \Ve
cquil .diffuity, shall-aot he required ,o ;;o into the ( ‘•‘••tae-mfotak,- jin .onr anxiety td'Cariy a point
cuurU ot that other State to ask Ita right.- and , i on ‘ , 1 ’nnwe my learned friends,' as equity
lues the tin-, 'Ino'cbGnnm,-have done ?.<% this MM.
HillMj r#ihe nrinxwhuaiiare this-Gtorkirehilba* oollCllor ana
eh iris
settle tbo controversy wh M
zonj Mtberbeeahse i; is < - low tho mgtHtr rflhe onn^wlm rigns tb.-- 1 .*orir./v.LiU vs si
State wh'.e:i assorts the (IkUl o r parimpa fo> J>...- ;« cpuusel.i wa > cry ::-uvhAUfpiUcd, on examia-
prayer dtU-ndan« thonld .ffiawer. 0:
(hat tlu: Stall- lu.li.hlg the jl:i i- J ..- •:* i;:‘ ; I
partial to it.-own eitiz-b. A- atu catumt eoiuc
mio ti.'.- Com i with a suit a- ah. t Us own citizen -
Or against * -ti.- -i - -it tin- Di 'rict of Columbia or
citizens residing In iiu Tcrritori. . T!-■• i ,:i ;
ttontxfrata oniy to the case oi soMntgW
tween a 6t»u- an-*, uciliz-ii oi m.-v.h-..-.-?!.*'I-. i a.-k
your Honors wa- it evi r iun-iul-.-d hv the Ci-n.-tiiu-
tiou to give tu- li ju: Luiction aa that whirh is
sought here? H’ho is this controversy with? It
la with officers ot the United States ol a very biili
grade. 'Vbut is tbe controversy between GieStiite
of Georgia and these officers? 'la It with them ss
individual.-—is it with lida in M. tJtantou, as aciti-
* :n of Pennsylvania, that Georgia has a contro-
prujer mat urn uejcuuauis tnouid answer Ol
course T make no point now on the atAtaiWoftfiiff
necessary prayer. I merely stwe it to show how
purenit of-rei partienlar theory, wo are apt
ko upon the aiatates of our.-calm and foi»-r
necessary prayer,
in tiie
not to ir-3 upi.ii the dietnle? ot our calm and 6offi-r
Juteovent, and soiuetimt.- to attempt to - tretcli
j the jaw iiirthcr than It can go.' * bet upon tbe gen-
era'd ictriiu s oi equity b w. : to the sufficiency of
; a bill to bring a case within the jurisdiction ofthe
i court ior equitable rc ief, let ns look a few mo-
iiicnlr at this bill.
i Tin-1.- abillia equity brought by a State, I admit
! that a. Mate --.in suo in e lUStv nr.-l:.! taw. It is a bill
by a tstate t.. \ nidi,-a:e its political rigbis. Th-- State
I of Gearna horn comes into hm aiu>-ed that it It a |
there
armed forro *restcr
MR Intorterenee. 1
^aamar&iBi
the
tote
body.
StlQice th:it
,__en comes a
Then Consro-3 and
i of these two is tbs
decide it it is decided
r tint is the only tribu-
rnada lrom tho
£Sk$
)UW-
bpute. The
divH
State u^inst whioli tkn State itould hnro
SSSBBKteS V&tugut oTterdS'j!
strangers who were subject to foreign nations. That
»s,a little bit ol <-u«Mt .uMMuift; a trilling evil that
might possibly exist, but yet never has arison -never
has exSted, for firliioh ,h* Honstitulion did hot ex-
pressly itrovjdo. But the Constitution did Provide
that a State .-bould have n judicml remedy against
«ny individuals who were beyond'the reach of its
power imd process who might do it an injury,' and rtf
aourse who might menace au injury- If these wero
invaders, the general Government through Its politi
cal department wmr to resist them. If they were in
dividuals, wh<^ did iu« come with tho. strung hand of
invasion, tuo btate was.tohave, as a im-aiisrti'Pro-
t eetiOn against unlawful i*,z; the. right of coming into
— - - — tl.j Nuprvmo Court of:the United States, and appcal-
ithe ulti. uate. aovqrefjjnt v r>* to ft as the original tribmml. • This’right is given
Bathe, may be irivcn to it. • f be Constitution! itseli'. This is, the court,, of .first
iidetrt within r 'tbat State; which tho-State is to come. Tliat it is
• regular periodjcul qtaikioua- by its stock
; thu persons having an' interest in if, the
owners *>f ita Irancblso aud the tight ro peipctnfite
It, they were forbidden to vole, deprived of tbe
right, or a large number ot them were deprived oi
the right, aud a mass ot imrsons. havtug no right
whatever were introduced—for instance, thu inf
habitants o' the Various towns thtoagh which a
company runs its railroad. This ja a direct attack
upon the constitution of tile corporation in the
case supposed ; "a direct attack upon thecoustiiu-
tipa audlupdameutal iaw of the Statu-in the case
he,ore your Honors. In ilf-f case hctoru vour
Honors, It tnay be of importiinee (ha* It shoufti'Bc
understood at. tbe outset what wa mean bv'-.'. Statu.
We claim that a State upnsuta u, all limit o, the
person* iu whom reposes the i 1 *
of dotniujonV whichever nathe
thesoiepowefol goverhiriMrt ivithfiTriiat State; ; , , B
iu otherwords, catffi State of this Union and C very [ ;1 Ji k j*."“i®.. lv ^A l h® r vmodies f«r lliaucimrcomeut of
republican Statu * •” "
electors; those *.v
tal law of 'thu Shi
of government
proteetldnof tha 1
to the advantages of tlio government, end bestow
ing those advantages U a duty duyolving upod
those who possess the political power, lint the
political power and the btito„Tu' a political judkial
sense, recognized ln coufts kf jostled as a body
politic, iu which capacity alone it may anpeur and
act, is eomposed oi what i* aotneUmca called the
great, body ul tho people, hut whi v li, to bmterinite
«nu ipr thu present puriios.j, I wi|i dutignite uatUo
etcctorat body* those who foiutefibe Legislature
a* the lonntaiu of all laws < xisting in the State or
goveinment. .ftacjoireid J-i;;: -■■i
The Statu oLGuorgia stands before this court as
ygpapity, raid t>s capo-
being udtatc ia its political pi,. _ .. . _
blc of judicial recognition, compotcc! exclusively',
from its very begimting to t> - presant time, bqd
mderfta constitution of .18 qL of wUito.utale eitta
:ens above tiie age of Iwetiu, one year.; who ffiivo
performnd the «urdlna*y drittes u'aJolnUd btTtic
There are in that* Slate, according to the eehsnses
which h/ire been taken, and ponnrdHou' tbniposed
of peraons who aci'er had these qualities,-}vlib ; arc
Rot member*.of the State, Bendy equal to.the
white population; and the question berdre tiffs
court, of course, is, whether'.they ran believe
what isuaserted in this complaint—tlmtif tbudoor
is opened to these purebns .they w ill , exercise the
fact that politira) raarequenees were iar'
snere mcideuL Thq |
9 ... ta tirerei MM
secured by treaty: but tho court deciinedVe^inUvpofo
ta tjtnjyay-_ In tbe case of Oaborce versus the Har k
ti‘prevent The ' t *Jf*’* n “H 0 ® b *'- ) bero suxtaint d
orthebaTk P
■ a.-v. SO Ilia, mere at» no parnffcl tictween that in-
WW’sgtffifflh^gtEaa:
finny mini-
was rrai.ted roliefi not became of her political char-
nr.ter, but because -ho was tha owneraf canals and
fajlrosd.^ tf-rnncatins at Pitpbiirz, ei.sting her tree--
iiry taaay lBiHtaea,- which H brid would be im-
‘ " t<’. Have tbr nBtlMBtn
1 can sec r.o ground ur.n
- . Tr .etaJ cannanee 'can bo
fi)untied by anv power o: this ooart. Tbe yreat stab-
bom -iucjUos whieu uow-unhappily o,-itales the
countiy from ohe end to tho other cannot bo settled
by thcjuderoento.l Uiwc-urt. It will final)v beset-
Ued, ami 1 hop* tightly; hut when I come to nrauait
t KO to Iir.othrr forum, to another tribunal than
as -i i[riiwi " St ? rfiU f / it,It0 *® u ^ r
> .utaujiKNT or.oir.vnLKt o'oosoh, ks<*.
Mr. Stanberjj Attorney (Jenfcrtil, having
concluded liis reitiurk.-; iu opposition to tho
bilj tor injunction filed by the Stutc qfdetir-
ia. Mr. O’Conor followed ia behalf of the
titiou.
1 nor .
learned Attoroey
-1 >-r\ I'-uJad
eaids—M IV it please tlu Court, tbe
:y General has not failed to suggest
— ot lie luust minor dreeriprioB
1. Hi- !:.: .-.id 1,0 urjcu i-.e-iii.-t the I'll! lilt-ff ill ln-ii.nl
Ol the btate of G -j.-b.i* utoovu-d Hut,
.. the political po^er snd cOij.MitiitIrig a titw and
diflerem. State altogether iroin that vrhleh ttaishi-re-
to,ore existed, and wipe out ol e&Uleitcc tbo Gj*qr-,
glaof I77fi and the GcorgiaW to -day;' tvitn :fti t;t
■ her corporate right* and trauclffs't 1 * ;^ a?nffty puli,
tie? That ts tho question. Whutbrr tliat is nut
an evil in law, which can. b« pereeived nqd apprfe-
elated by the Court, or deprivation of right vested
a rritory. In lieu ol that the Federal OoTenuent is
quirod hi urotoct iigaiast violence and invasion: the
eqnity tnbuhnl; the Suiiremrt Court fifth* Uni-
vindiMttia rfes
, . Ut- 41 —I. So to l v«-
„ , . - done your dmy; you »i!i hi ii to
all that was in tlie power jot the ocur;; yon BIta
duuealt, infaqt, that a eomt could or ever oaih to*
luslich w cose-or id any case. You will hate priu
‘ h » te/ is leaving the Executive to otaj ileu;
a* he Sees fit. \ on have no p-urer to coerce iin,o;
it be should not vietd obeli once to the lud^meai sfc
you pronpunceu. ttjen the scheme of this fi Ire hi,
powers «o-ild have b ea disappointed, the.-s .«
tie ttie willing opposition of two departments i? se
the negative voice of thejthird, and tha Cons! ana
would have perishedjby the bands that wereffi; t
support it.
The further argument of the question, M-.'tar
being the next, stieiiker, was postponed until ft-
regular motion day—Friday next.
anif refused to'ohcy their directions
him: il lforbaffe ttle Marshal;
GfiNKRAb- HEAURgaABD Tp JBK Tllil l
Out ok the ifeiv Orleans, Jackio;; .tsf
Great Kokthebn Raiuroai;.—A Italic-1
dispatch from Wvrthtngton says:
Qiiiio rirt'intofcstitto>-’cAn{rovdri5y h::i .rss-
and is Itkely-ti) Oe snlimitted to GeiittilGrx:
for decision, growings out of au elct ti w fe!
Dii'ccturs.of thu JSew Orleans, Jack is si: I
.Gre.iit A’ortljern.g.-ijjroad, lately held-; S»
Orleans. On pit it-turn iff C!:rcni!T«rirt I
gard frtitn thetl'rinlctierate sc-tvifc hi? tnend-1
fibtditiafl from tlto Tnilitary kutlioritns pc? |
scssiotvol tfie road mid raado bim its.Pmi
subordinate.
execute that attachment, they would attack hitmand
thus an unworthy, contemptible exhibition of con^
liie caso. outrusleii with thu right to decido it, tinallj-
deculed those avts'to be unconstitutional.'anil I could
do no more than yield my obedience to tho Constitu-
tion as interpreted by its chosen interpreter, and.no.
turther execute these cuts which Congress had no
authoriiy , -to. impose vpqa we,”, Andrew Jackson
might have hadthe m.iEtinnius thSDboyed'iu the Kou-
daile:we, b> tjftnsferriu* his Postmaster-Gentral to
some other office: but it would nave bcciui violati
of his duty.. tki Andrew Johnson, might fn this on-
neutralize un injunction hy removing General Pope’
nml submitliUit another military ec-mraander, but '
Would bo a violation of his duty.
A letter written'by 'Mr. Madison, (-t Madison's
Vi'ork*. PP. tW9, ^U). wa* quoted ta show tliat the Su
preme Court was tho final urbitcr qf coh-titutirtrt-al'
questions, ft niay bo entirely dear, that if this
Court should issue Us injunction to restrain tha suli-
ordinate fimeers of the President, unless he override
to Hold the 'elect ioti'and declarc tie ranft.-1
Under the act ot :ncorj>onttiun ilieGeicn)o:l
of the State aud Mayor pf .Ojieiutjwen.1
tacit cinjjotyereU’to'aj/jjoint.tlitee din ctor-1
StiHsequedtly. tlio Company being in ’need I
of legislftticn' wiis p/iWod; fitlior 1
i/.ing large subscriptions, ou the payt Ql'tl i
^VnW/MWbflite'tW>4: ttt all,elections sup,*tin:I
Vjtp Gffyeruor and Mayor ltavo cast the .r v-' I
aud finally to determine that iinj.-ecutiouLia-q in \-5r
tuo of Its lecislativo power, ample means to do a
great many worse things than that. By repealing'old
■aw* and by ennetins nfiw ! ones-wo do dot May that
; tjutaht epioplctcly tiaralj ?'* tha tancuous ,iif this
Court, and essentially depr.Vc dt of imy’ catwcity to
adwiuister justice; but it M no argument, when W-t
cotpe into this Court and ask if to exefeisc Its powers
within its legitimate sphere under the Constitution,
to.say that violent, lawless, revolutionary measures*
i to perform it; aud this brings me to a question which
lias not yet been presented to the consideration of
your Honors.* Whether thoseacts aro t-f ■■«. description
manifestly within tho- prohibitions of the Constitu-
•tloii ? If tho rita,oof Georgia, is'not in tho : Union,
thereof eoursdisan end of'the case. Kheis not here
power was not oonforrod on iu Tho -jurisdiction of
thq. Court, psa court-created uVider the Constitution,
waifoffifiitrso intended to apply to all questions with
which thu .(,’onrt was .capable of fioalin*. Jiylenrncd
trtend lias spoken'of a ?/i!o iemrtintn asoeing Hie pro?
nedy, There can bo no oaqteai-reiutq in this
pou the governraent ora Slate for cxercimPg
ita jKinert. That is a ritate.oflico, and l apprehend
that a, r.ito icnrronto by tjio judiciary ot a ■ State
irinsl it* rovernment, would-be very nlueh like that
being contingent and future.' but wo have presented
plainly and distinatly.facti that cannot be dcuie*!.—
llie l’reejdent ho will execute theso aci?.. (Jen.
Grunt lifis issued un order that- i? set forth indite bill
Mayor
binccLtind fnade ‘a new ticket for duct::-1
coifipiisetL extfitisiveiy' ftf 'Union md. U’l
jud^es o? election uppoiated by 'BeuRP-
and ftribpds'fiii above, finding that tjprat&fj
Stftte and 'tHy. ‘ Tfc* ■riotts^ 6f -Goveniof **■
Mayor, if eonnteri. wjiuld here delrstcd
Heauregard ticket-two to one. Tliejai-J
of c(cbtiou,'by this exclusion, re-elected •
rebel ,ticket.. f EI|e. Union people H» ic
nant o,\ci^this autra^e, and intend »jpi r *'|
to .General Gran t tor oixlefs directing' I
Slieridtm to place the rop.d' iti tbe °T
tliogc IWrly‘elficti d and friendly fotb« <,cr
ernrricDt.
h-ia-coinpotonttatitor. sad thocaso cannot be entor-
tained ; but we have laid before tUeOiurt, in a doeu-
hient f resontqil, uuclitv wulUtude «,f'proofs df the
rcefignitifin of'tjrtorgih. AS itStatc tif taeTmran, hj “
tiie depertineji*-?. of thb Govqriitnuns;.itstf. qf he:
cognition under tuta® very nets now tii-nigtit t
avoided by the interpositiou of thja CourMh»tia|)prc-
bend tt ita'. que-tion tuat oaniuit for an instant bo
eutertamedi 'rhe - qoUit must nssume thd fcsrned
couhaolbaii nut uXtompted to deny That Uoorcia is ii
State of the Union, and thfcrefdre holds tho position
. — - - i i -i v ..i *- ' to flntai;
tuitoi.il<rai *ued gnprcheasioti*. Th
othpraaseta WiWmtia timet is ouuof th
■risdistton. It nfust,. to bo
•MRa.qy. ■ „ , ,
In tliat btate In respect to which «he State is enti
tled to protection (tom some quarter, I submit
with fionfidento to;the intelligence of those who
hear me.
that Georgia is lit the attitude of a body Ipolirfe,
consisting of tbo persons to whom I reter, and that
if theao persons are deprived ol the pririjegu ol
contlnu.ng their government, and a uew
introduced and a ian;e portion of the ot
eluded, what would uc legarded in the case of any
other corporation us the extinction of the existing
corporate body andjho substitution in Us stead ot
aiiotoerMMB
ev.li of
right t
respect to which we claim that a State 6, this Union
may claim protection somewhere. In order to
show tliat the btatqof Georgia,occupies iu jiiridiccl
consideration Ute uttitudeoi a body polulc and
corporate, so that she Way cornu iuto a court of
justice and claim to protect her rights, if the
machinery of the court is adequate to that viurpose,
I refer to what ms faid by Judge Wilson' in Chis
holm vs. the State of Georgia (2d Dalla-, re 4oi).—
The same Idea of.a State there expressed Is repeat
ed by Judge Bronson In -Illinois vs. Uolafield (2d
Hill, ItBj, This being the Btate of Georgia, and
(his change being one that would tints totally al;or
tbe constituent body ami virtually set aside the
present State and introduce a new one, is it within
the ordinary course of a judicial court and a court
of equity, bf equity process, to preserve and dt.-
I - 3 fit of iirovMou.% when his :Gener*T-in-Cluef de
clares that he will execute them, when that necessa
rily involves tho bringing into play of (he whole mitt?
•fry' .foree ot tho. Ui i ii-ngaipal u eurtitftlar State,
shall it fie sanl that tho fears aro not, substantial ?—
My Teamed friend na» suggested tha lack of proco
dents; as^a difficulty. The lack of preo-dants as tj
what? .Not a tack of precedents that aBtateiuaj
sue in this Conrt for fhc lunxaictjon of itvnlcre (ran-
cliiscs '•'« State, for tho as-i-rtions fifits sovereign
ttuthonty ovi-r territory: or of Its governmental au
thority ahd political authority, jf tho word "'sovej"
ctsn • is fiot eohstdered nppropristc.
The decision* are numberless. I nisr say that a
■ '"laoj; bringsut-h a suit, but ho m it' a State
d bring such a suit agaipst au individual he
Id have had ;a gTcat -many mere in-itanees. Xu
individual has ever before, in thisiaanaer, attempted
u-sffil a State, ahd it may bo hoped (hat uo uidi-
■innl ever will; again. Il thi*'.court lay* down the
Iaw’• nd enforco tbe fonstitutioa as wo suppose them
■fptl*' ’ ... •
the
thi . _
friend dually coffies to wliat is his grand Point in tiffs
esse, that tho s.uhject matter of tho bill, uie case ?u-
ted and thcrrlief snnuht’are political in - heir nature,
and he tat- 'hat ti. en.-o is nearly I ke UorrV c.i.-,-.
Lather vs. Border, reported inaeveoib Howard, iu
trat'eaj6thojiMei.-'e thin: was done by I>orr and ad
herents which those mMo io ihe present instance seek
tv - perform, there Was iv State government in the
hands of ft portion ofthe people ofthat t-Mto constitu-
tifisrlts whole electoral body. Dot ,- mu of tnfiftpinion,
and his lulherent.s booked him *■' >•■ (‘* at a greate.-
number of electors ooght to lie admitted, and he
therefnre undertook by Spontancans meetmes to erect
an iudependent tiiate goi-ori.nient: ho failed in so
doing : ihi? U *urt .leoide-i ihu' i '.'U i’" gov -rument.
but tb.--. the orixfoal .' a Sere-.’ government
... vuusi imiwa lumnpiao u«m
o/sxist, thu lack of precedents is ouly au evidence of
be enormity of tiie act wbioh is now brought under
he observation of the Court. Agtatn. inv Inarm,!
"‘bteATtl tt.STilMtftklfEtolvSW I
i.tnian.—Hon. Homulufs SI.-'SHnw^/f t.'
died oa rinmiAv.iltat. ’ .He itoj
jjta 19b fed i mi} ait ir' Caroiiov "
presontod, such a multitude 'pttaroot's'df the- field tlfiicefl first it’s :t member ot l’-f L?- 7 I
reefi^nitio'n or&tbrm fiFtfSWtebf ta#OMon v by all ttimt-oiid"Speakeri»C tito House of C-on* 0 -'; j
t r AP~ Mtctitttp Uinnnil oi tbe State,.
Congress. I Minister-. Plenipotentiary ir “.
United States to Spain, .and- -sobi*!®!;";;
Judge; of ,t:o Sitpretne Court ot tu« v*';'I
Judge Saunders altvays.belongcfi to tie ' j
tferatie parfyi Hd-was-sreU 'fcnoirn : ’ r - "
citizuna oG Maryland. e*T. iff * ,
Extbesm- iVagon»
-VAL «SYKSUK/.1UN.T-Tb0
Internal Dtvemie. ban decided tbst
lumber, of oxprfsx• wngons,fi’ 1
iug^&tfigi^t exclusively and not to M' 1 "
jileasur^carriageSj are cxeinjif 'ffom tt
iPexsacGea IlAir.tiOAf).-
tlte'.afocklft’Ulers of .the FimsatoiiJ
field pa-tliejptli, inat M tcsojtitiofi? B , tr .
removing the President, JP. 0. M. Ar yta;l
the Directors, jilessrs. A. L. Averji ^1
Swrfa. a ' " " a ** 1 '"
StQasdMr
.of a;;e
1 mal
— p. mid nmvarfi.il ‘of-
eviofus rtinditwn'. Wlio have
citizens, tweaki-ono y
Whatever ratri, o.ffor rtr
boejv residrtn! in (he, for-twqUe .months. If
Georgia is uot in the TTntofi oi coursb tffa Coustitu-
tiondoes not pros-tet her: but if,shads,sho is iu 1 ic
as effeotunllv a-i New York, Pennsylvania, Ohio,
eveh proufi ftlftSskokusctls Uandts. it in the pew Or
of
ttre^tlrrtconstftueht boSv°? ri ^*^^ *#
s ion of persons cohccmcd. It would I|avo?hden
.still mbro impartial if it Inul said tbit nil persons may
vote, whether regents,or.not. it would hjvvo been
more impartial and more liberal ii itliad admitted all
fotB| ;JBttt 'tb*- ■"—. .ftettrn .
tare^eaiintavn'fi^
ior State g-
5n "dtiy Wi
11s and
— —n-?-„ • .iVo arc
t^rJMS^ife e iiJo^fe
Tem
has
ribo them
— — ■. .Bt.fl.., nbtsichaa
uuJortokfJi to ex-iluue a whole cbm, who may be
very good amt very honest at this tjuie, ivlip may
rAc a I
and P. Caro, r*nd appoint 10 ? 1 " ;;
Ir. K. M. liushuell, V,. , I
If. fi la] lory, Y.'rn. 1C Dyer j
Directors.— : ThUaftassee Sentuid, -b r ' ■
BaVkef puWisties a .
Hew Orleans Timts;in which he so* f iyj
un- oi.I,-,;.i piuiiiftiuion oi «« oU c i
re ..i.- C pgrpasional ia^l
liffl i
ife.Ccpgrc-Kjivu**... *»,—77-
July ripts ini? "altered ancf,'g a . r ^ !ei sf|
- ll, y- , 1.;-'■ i.i.i! .. . .. -
tern orlaws, deprtveii of any of tbeir righl-* nrel.uins
• ns • iiui-i -. 1. -n «.t -••• 1 ---. ;, iho •
exists in the .great Btati.- to which X hare ffiluded.
Uongrtss, in adcitiou tq doclftring that the cleotior.s
shall 111 tuture be held by its own officers, may i nset
tint aw* particular class sh: JI b#admitted Ondjutz
v t :e it i., v i-l.'.-s , .\cl-iiu-l. j a .. j -
ishtnentupon the white innabltants of New Ymi; i,.r
not granting, under their constitution, the franchise
to the colored people, declare them disloyal to tbo
morals npd liben-l pripciplos of the presen Lday, and
aistranchise thewhole rif Cbem on,I place the eiectlvo
rioht exclusively in the bauds of iniiiae.s. 01 in :usy
other clo a they might see fit to select. This lantxar j
touches California on : delicate point* J believe
one-sevonth of the popnlfttion of thatState areCtii-
Aost ontfagcfuis ’manner; niakmg^Tj^i
things^ff irtfiliy ggtetttiry 40 that ff®® 1 I
say. _
djr 1 * <"••••
III h-ivt- <■■!?•, ,' (} ;-.-enfts*‘cVidffll® t w ^[
suthed name of Lieutenant-Colon* ' ntef >J
of tho Eiglity-of.'.'itli I\ew York jj,
He is tiro sanVe person wnooi. f° c
teethes ic,-!. fi r Jolm Morrifst;.
— wvt*
^tf lnthe suit against Gi-in.
tho imprisonment 01 a cituvn ^." pifi
tho iurv in tho United Stutc.: to” . L
brought in a verdict against hi 01 ,.- I
of ono cent, and th-ff each side
its own (.-lists.