The south-western. [volume] (Shreveport, La.) 1852-1870, 1856-12-17
IMPORTANT DEc1sIoS-The supreme court

! decision OF some importance IN these DAYS oil
statesrights and secession agitation. The case
was an appeal from the q. S. circuit court for
the State of Ohio, in which the questions Of
statesrights and federal rights came up for con-
1 sideration and decision. Il is reported in full
in the last volume of Towards u S. Supreme
Court Reports, and will command the attention
Of members Of the legal profession throughout
the country. We condense summary Of the
facts as reported for the n. York Evening Post
Mr.. Woolsey, citizen of Connecticut, and a
stakeholder in the Commercial bank of Ohio
together with Others filed bill in the United
States circuit court against the directors of the
bank, to enjoin them from paying State tax
which he deemed illegal; but to which the d.
rectors of the bank were disposed to submit
When the case came up before the Z. States
circuit court for Ohio, the defendants contended
that the federal courts had nojurisdcton irethe
premises. The court overruled the plea, and
an appeal was taken to the supreme court at
| Washington. Here it was considered BY full
bench-the chief-justice and all the associates
being present The appellants again insisted
that the United States courts had no iurisdic-
ton: and. further that the matter in controversy
was purely a question of state sovereignty, for
which the State tribunals furnished all the rem
edies that any OF The stockholders of the bank
were legally entitled to. This plea was over
I NJ t.,
tees out Of nine claiming jurisdiction for the
supreme court Of the United States. These
were: ehiefjustice fancy. of Maryland; asso-
ciate- justices Wayne, of Georgia; Nelson, ofN.
Y ork; M'Lean, of Ohio; and Grier, of Penn
Judge Wayne delivered the opinion of the court
and thus defines the constitutional relation sub
sistiag between the federal and state govern
mentS:
The departments OF the government are leg
Slatiye, executive and judicial. They are CO.
ordinate in degree to the extent of the powers
delegated to each OF them. Each in the exer
else OF its power is independent of the other;
but all rightfully done by either is binding up
on the ozhers. The constitution is supreme over
all of them, because the people who ratified it
have made it SO; consequently, anything arhtch
may be done unauthorized by Il. is unlovTm, But
it is not only over the departments Of The gov
eminent that the constitution is supreme: it is
so, to the extent ofits delegated powers, orer all
scbo made Themselves parties to Estates, as well
as persons within those concessions of Sover-
eisn powers, yielded by the people ofthe States,
when they accepted the constitution in their
j !,
it is Supreme oaer the people Of tie United States,
oggregateIy and IN their separate sorereigntiss, BE-
cause they hare src1uded themselves from any DE-
rect or immediate agency in making amendments
to it, and have directed that amendments should
be made representatively for them by the con-
gress of the United States.
Judges Campbell, of Alabama; Daniel, of
Virginia; and Catron, Of Tennessee, dissented
from the majority of the court. and denied the
right of the United States courts TO interfere-
Judge Campbell, in the dissenting opinion, says:
The acknowledgment Of such power
would be 10 establish the alarming doctrine that
he empire OF Ohio, and the remaining States
IF the Union, over their revenues is not 10 be
found IN thar people. but in the numerical ma
NY part. when l consider the justice, modera- j.
ion. the restraints upon arbitrary power, the
stability OF social order the security OF person
Il rights and general harmony which existed in
he country before the sovereignty Of governments
eds asserted, and when the sovereignty Of the peo-
BE scas Hiring and operative principle and gov i
were administered subject TO the lin i,
.atlons, and with refsrence to the special object
OF which they were organized, and their mem
ers recognised their responsibility and dependence
feel no anxiety nor apprehension in leaving the
eopIe OF Ohio "a complete power over their
government and all the institutions and estab- 1
shments it lRs called into existence
This is we bessrve, the first decision of the {
ind rendered BY the supreme court of the ..
tales, and its declaration regarding state SOW !
reignty and the rights of the people, will be {
II from acceptable to many persons at the south Z
5 we'll as at the north. Tie Savannah Geor- 5
ian ably defends the position taken BY major :
y Of the court, while the Mobile Register
doubts the soundness'' OF their decision. and $
7Plauds the reasoning of judge Campbell; and 7
e New York Tribune and the Evening Post Z
-ow savage over the whole affair, and declare
at Judge Wayne and those who went with
m displayed their friendship for the south and il
IT institutions in the wording of the opinion of ?
e court. The decision will undoubtedly be Il
scussed and commented on throughout the :.
untry, and as ii excites the ire of all ultra men
nth and north, it must possess some merit. Il
~~-~---~-0~~---~~--~---~-- n
A serious warfare has broken out between e
aIker's partisans in New York, which lead ii
determinations, exposes and challenges, but e.
yet no fighting. One general Goicuria. an +
killed patriot, is a. the bottom of the affair. a
alker appointed bin minister or diplomatic d
ent to London; butth general neslecting to e:
omptiy assume the duties of his mission. was
pe@eded- The general then comes out with y;
lard, explaining the manner by which he ia
came connected with Walker, the agreement
alliance made between, and concludes with
-sonal denunciatons of Walker, as being void j;