Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-04-27
The Southern Injunction Gases in tn.
Supreme Court

Supreme Court.
The room of the Supreme Court of the Uni.
ted States, in the Capitol, was Yesterday
crowded by lawyers and other citizens in.
terested in the proceedings in the Mississippi
and Georgia injunction cases, including MANY
gentlemen distinguished for their legal ability
and statesmanship. All the Judges were on
me bench, Within the bar were the Attorney
General, his assistant, the counsel for Georgia
-Messrs. Black, O'Conor, and Cowan; for
MlsslssippI-Messrs. Walker ana Sharkey ;
and near by were Secretary McCulIoeh Sena -,
tors johnson, Patterson, Morgan Ste ewart
and Fowler; Hon. Thomas Ewing, Chief Jus
ice Cartier. OF the Supreme Court: PbiIin X
fenoaIl, ana others known to the country.
Attorney General Stanberry opened the ar
gument in the Missouri and Gesrgla ca ses
promising that he would treat them not in "a
poiIicai but in legal aspect. The questions
Whlch divide the country were not here to be
discussed. but for a clear understanding of the
SUBJECT IL was necessary to show what were
the acts OF Congress of which these States
complain, and the exec ution of which. they
aIIege, would do them excessive injury and
deprive them OF their constitu tiona, rights
Inese reconstruction laws he explained re-
marking that the States lately in rebellion
have now no republican State governments
and therefore Congress made provision by
which this end may be effected, and the peopl.
secured IN the protection of life, liberty, an
property and representation in Congress
Mr. Stanbery next reviewed the Georsla
OIL OF complaint, and answered its prominent
points, especially that part which asks the
court TO enjoin and restrain the Secretary of
War, Gen Grant and Major Gen Pope from
any proceedings whatsoever and forthwith
from any further action under those laws The
attorney General then argued that this was
no such case as was provided for by the CON
sutution 10 come before the court. The con-
troNersy raised was not with Secretary Stan.
ton and Gems. Grant and Pope as citizens OF
States but as United states officers He re
peated, for reasons stated by him. that this case
was not within the Jurisdiction OF the court
nor was IL within the reason or spirit of The
Constitution. He dwelt upon the DAMAGING
consequences which would result from tbs
veto OF laws by judicial tribunal selected for
life, and over W HON the people have no con-
troI Inc aorogatlon OF laws, too. constitu-
honally passed by Congress, after having been
vetoed by the President. There have been
other heTcely agitating questions in this conn
try, resulting from tariff acts, &c, but TINS
court was never asked 10 set them aside as in
this case, before their execution fairly COM
menced, and before any case had vet arisen
such as was provided for by the Constitution
10 Justify the interference OF this court in the
manner prayed in the petition. The Injuries
or mis- chiefs set forth therein were ONLY CON
ungent, and might never happen. In ccnclu.
sion, Mr. Stanbery argued that this was no.
Lucal case, aLo could be reached only by DO
lIticdf RENE dies. aH
Mr. UConor. in his reply, said the idea OF
the complainant was 10 show that what was
ordered 10 be done under the acts of Congress
" as IN all its length and breadth unconstits.
uonal and void, and therefore il was thought
the court might order IN injunction In general
terms. BY the acts OF Congress the Dresen,
state government was SCI aside or rega Tded ss
only provisional, and il was thus deprived OF
The means OF. continuing its existence accord.
ing To its constitutional form. The Georgia of
1916 was TO be wiped cut aud new one substi
tuted Georgia, he argued, occupied the DO.
sitton or body polite and corporate. and
hence any Judicial courtoi equity could pre-
vent and restrain any attempt TO diver the
purposes or The cOrpOTatICn or the violation of
ITS charter. IL was proper that G eorgia should
cFIRe here and ask hat Its State existence
should he Preserved from an Unconstitutional
aet-an act that excluded one class OF her eit-
liens from the election franchise, and admitted
another not heretofore existing that pri viisge.
In other. words, changing the members of tue
corporation or body poliiIc, and setting them
aside without any show of constitutional au-
thority sOrd0ing so
The argument viii be resumed next Friday
when Robert j. Walker Will be heard for the
Siafe OF mississippi and Attorney @ eneral
sIanberry will repIy.GJ) q - -t.f....s +