Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1865-11-07
Oh HARIEsTo1YN VIRGINIA TUESDAY NoVEAIBER s. slse

~ II
torney General of the United States was
admitted to be heard in the ease. to protect
the title of the United States to- the public.
domain within the limits Of Florida lest these
two States would litigate away, chat titIe he
tween themselves In the absence ofsthe IN o;ted
StatesI 1t so happened that tb.f i;i,feTest of
the United States as a landholfier WA i;denL.
teal with that of Florida sas 4 STATE z namely
to extend the bonndary.line of 5Tflrida as t:,r
as possible. becatise tle title of Stle IT;tesl
States to the land fol mn tn and .fon,ea
at the line. The, Attorney General dslIred.
to be heard In this interest. Alshonob3 the.
United States could not. more than an
vidual, lose its tile to- land IN =
it was not a party. vet its case eonlds he heard.
and decided in this. and stie,ef efsre t,e ttor.
ney General sought to appear IT was from
the reasons ivaS = H.,
to be heard in the case, and from the dissent. I
ina, opinion o az + .,,s.eI
the opinions ex pressed bE t1at GonT md ~
that eminent .Ji,I 4r5,,,, ~.
Court on otller noifts mo tiao
States could agree ur5b anew E;be befyesn.
them Wi ithouts the consent of Can6ress The
Court. in giving reasons why stbe "a ttorno;
General ought, to be permitted to annear mt.
it, among other things. upon the .,round tbat
otherwise the, two States might comnrom;se
I their contest agree unon n new line and 1isan.
So conduct the suit as To lead to q dac;sioyi
establishing that as tho true line in. evasion,
ofthe CONSTITUTIONAL which reo,,;;res
the consent of Congress. They saw. 1IsSrltl,,i;s
is the only mode thew can e,nard The ;nterests
of the rest of the TTnion Sban, tho ho,,nI.r,,
is to be adjusted by d suitin this 7Canrt. For
if it be otherwise. the uarties ia the snit NAV
by adhesion ot s1arts and 6y agreements al
snittinq offejectiag teStis,ony lnlace 4 case he.
fore the Court. which swonid necessar;lv bo.
decided according to- their wishes, and the
interests and rights of the rest of the ITnion
excluded from the con consideration offies Conrf
The States might thus. in n form. cfion
accomplish what the sGonstitutionP Oh IpIrs
them from doing directly bys compact.n3 The
Court had previously said what i quoted in, in,
my first letter. g If Florida ana Georgia
hadS dSby negotiation and reement, proceeded
to adjust this boundary any com pact between;
| them would have been, nui and void without
the assent of Congress-, And they here
deny, the ability to do itssby evasion. How
does Mr. Justice Curtis meetthis argument
in dissenting from the decision of the Court
toadmit the Attorney General to be heard
in.the case? ;1Does he doitby denying that
the Constitution would be in the way OF such
an arrangement Not atall, utby.admitting
that would, and saying that no such agree
mentwould beexecuted by the Court for want
OF Constitutional power. These are his words:
"But ifsuch agreements otcounselrespect. of
ing the mode of conducting suit between.
two States could be deemed compacts between
those States within the restraining clause of
the 10th section of the first article Of the
Constitution, Congress, and not the Attorney
General or tins Court, must sanction themzA4
and there does not seem 70 be any satisfactory
reason .1s why that officer should be eonneeted
with the subject. Any agreement fixing the
line OF boundary, made by the two States and
not sanctioned 6y Congress, would certainly
not be executed by this Court, which is. to