New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-05-07

benefit TO them The gentlemen very clearly OF opinion
that IL is not dement, 10 portion OF them, certainly
imagine it would be great benefit TO many of them
whether Gy not 90 not undertake 70 say b Tee
sent its citizens as citizens II must represent them all
Where did the gentlemen find analogy for this right Oh
state to represent ITS citizens in matter touching Their
corporation and the rights of it's corporators In the case
Of private corporation which is property corporation
the hands OF the organized body and represents every
Of Its shareholders and corpOraors any suit that
IT may be dong something itself to the injury OF tnose
Shareholders the right is reciprocal me private
apd se ys TO io % eondrStnr on
The contrary Take that You represent me- and do
o hod ~ Or 9 I Last u am the parry
whose benefit all this be done" There is there
Wn that right gees the K, necessary right that
ccsi que bust, the beneficiary the corporator, shall
representing them by suit in a Court of Justice against
his trustee That right just as absolutely necessary as
the other. Have we any such right hereF suppose a
state for the political rights Of its citizens and
the citizens that the state not really suciDg for their
troversy the State is wagng but the contrary
that the state bringing their rights INTO jeopardy and
chief can citizens OF the state then sue the state II
self Not at all II beyond them II can sue for them
Now ma it please your Honors, turn your attention
for onG % re N, to r the ps' set .t up bT IN dss
states elher Of them The right OF the State is po-
s tbn M A. 70 haye eorporate The light 10
maintain rs corporate existence. That is a valuable
fg am he SG eSa o s not s
ordinarily court Of equity does not sit 10 try those ques
that arise in matters of corporations No bill can be
filed in this Court TO strip corporation of It's franchise
that does not belong TO equitable RELIEF, and the party
who Is eTd to e9H nG OF aS b tSe So %G
To protect the franchise OF corporation. Inc
after here have corporation which happens to be
public one, and political one, and II has franchises
most important franchises undoubtedly ana IL 10 pro-
feet
private corporations, that we come into court OF equity
seeking that projections; and beyond that our people
have franchises some Of citizens have franchises
very valuable Ones-pOical rights, the Hght 10 vote;
and therefore We the state as payes pdhd caring not
ask the Court 10 protect our rights and their rights rms
is the ground which your neTposition is sought IL
IS evident that It political rights which are here sought
TO protected IN Court Of Equity the right of state
remain State the right Of state TO protect itsef
against an injury threatened its property but 10
It's existence state that does not destroy It's lands,
ITS orraplaon That Is one Of the rights set up, and
one the miscets sought to be guarded against What
nheri The State H. not only TO protect IFS own
organization. but, as ] have said, 10 protect the
political rights Of It's citizens; Their neht TO vote,
right By the state laws TO protect the rights
Of some and TO deny any rights being given to eiher
law and equity all the books, English and American
have never seen one nor one that began 10 look IKE ~
that had any analogy Whatever 10 ~ ~ lhere d}
property in II No idea Of property ~ all IL Is all pO-
ica nights ~ public corporation that are thltoieu'
and political rights Of citizens OF that corporation lhat
al threatened. J
protect these rights that The gentlemen bring tci case
here and bring here 10 your loDors on the equity tde
Of the court Now agree that there is great question:
agree that our political elements are all ID tOhotoh
agree that there Is great controversy, NOT DetNeSh
these states who here rs PLAINTIFF ana these ihdl-
ViduM oiheeTs VINO are SOUGHT To Ds nuu' u.i'd"t'
but great controversy between MISSISSIPPI as Sac'
United states another state admit that there Is
marshaling Of force an array OF military power ah eA
ercse Of extraordinary jurisdiction, new State OF
thing. Nischieis there are perhapS that NAY DC
parable ! do not know how the whole thlng Is To Dc
worked out In way other IL Will lie worked out
/ do not know how. but this certainly do know, that
tell every that arises under the Constitution
the lave, treaties Of the United states may come 70
this Court and this Court may take Jurisdiction. do
not deny the general statement. agree maj wherever
nf e.. and gr comes Within the character 81
and between parties and Involves right OF prop
erty tbs Court deal with g. and can whether the
law l. valid There is question about that; but
what say that your Honors cannot deal with it until
the question comes egtimatey In case | can see that
under the operation OF these laws cases VIII arse innm
commander under the authority Of these LAVE seizes
citizen and brings him before military tribunal keeps
him In custody, at once there comes question ana u
case for false imprisonment perhaps In the state Court
finally. Under the 18th section OF the Judiciary
Act i comes into this Court. Whenever such .
TO il and decide IT, II II is a case Of personal
wrong merely, il comes to you as court OF law II u IS
Of invasion Of property 1t may come 10 you =,
court of equity. but yet no such ease mas come anu no
party in jeopardy OF sneh Treatment nj ,en ~ "ur
in which the citizens can represent thehsCtsS, "rr
II citizen OF state Is Threatened under an Hnc9s'9
tonal law with injury Ia his properly doe ne Ierh
The state to represent hint Cana state represent MN
then. upon that question OF property II Tue plop,y
moi the property Of The State but the proper! u lhr
ctizeni Certainly not state OF I ,bIr ~ bt
the law gives To the citizen himself rghi 10 Nhucae
h own d@ re law H9o lives hun the right 10 be sure
IN force Is brought against him that lie cannon resist ne
NAV call upon the public authorities islilch rs t'e
give remedy then to interfere ny lore 10 pro
feet him. How, may 10 please your hOnOfs having Sta'e
these general views about the nature OF the shts SCI
up dcenng them "a deem thc 20 De aitossm'i pun V',
cal; having reference To any ght OF property '"S
MS not the slightest foundation for anything IKE enliHe
cognNnce or equitable relief aln ABOUT nJ Win ~, H.,
case deny what has been asserted AGAIN anu dSns W
the gentlemen that this court is hn arner oi an 'hts
questions, aud that we must rely upon tl, 'oa,a ~" h
npon this court alone 10 save Us wrongs n'! ~, pu
count can give n. no aid whateyer-my learned
friend who first addressed your honois, saiu llt we
cannot be destroyed rs people or AS goNeIhiei u
less a. understood him. two coordinate brHnte ot the
government concur The Legislature ana me EAceuIic
INF moi one of these alone. wish IL were 80. eau see
how Tie legislative power may destroy w. , m IN
whole system They may. by laws thht llls 'u, cau'u'
touch 10y proceedings that thls court ean.t ILL.,
altogether break up institutions. To be sure II
would be all wrong; IL would DE the asshnlpoh vi wv
constitutional authority but there Is the power ana 80
long as thai power j. backed ny majority 0I le ltopG
il may defy your IIonors and defy the world what
Howl II Congress choose to destroy tins count tley nave
an easy mode wrw r yT are able to- st here Fail to
make appropriation. But IL that Is not enoughf not
wth,anding that you Will come here aud starVo rainier
than quit your post, they may impeacn YOU Oh i1l's
charges by one House, recognised, established Scteu
upon by the other and every member OF tne bneh my
lie inpenced and made Incapable OF holding MS once
yhlefurther II the members OF this Court disappear ny
or death the Court AT least goes out OF exist
snce unless branch Of Congress confirms the nominal
tion OF some Judge. might carry this further. !
mi ght show YOU that the variety OF powers oxelcSeu
nv Congress and that no court can resist or c0no ~
in the power OF the legislative body 70 destroy us all anu
to defeat experiment OF free government We are not
perfect with this Court 10 Judge Congress 10 cgslae,
and the President 10 act, very far from being
nerfect Government There IL no power can save US pl
The people and when that wrong and sends asehs
here 10 carry out us Will the Government Is ~ INV"
mercy aud they will change n as they please.