The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-07

UNlSd ssasss a. 6vss same foundation upon which
s.s eosos ana y
M ordinary functions and power altogether political
pAny u has mot > fund. II has not shares Il has
business corporations usually have II has no
povss are .zsrcssd But YET admit that S ~Sils
state y political corporation il Is capable Of exercising
snd having private rights and Interests Ike indyiduas
undsr certain limitations. Of being sued Il the
faculty q acquiring Perty Of contracting debts and
poraon which yet rights and interests Of civil and
perhaps generally Of an individual character State
protect its lands A State may be ! creditor. n nav
sue ~ debtor and recover money BY suit &c. too q
State may be debtor, but here there s dnicuiiy
sovereign State has right 70 bring suit against lis
debtor OF it's creditors can sue IL In that re-
spect The necessities Of preserving political orsaniza-
ton take from its liability 70 answer 70 its actual
preserve itself and M political status for the sake Of the
people, 70 allow 70 be sued 70 be made bankrupt and
IL public property TO be sod would OF course give the
right % the particular creditor and save him. but that
ndivdds right would be gained by the loss OF the pub
na spss q s'1 ss q sea ns t' Moves S::
State may own udividul rights, although
ton IS has the s. psi' il ~ sns case he So sus -
any Of those individual rghts or does II appear here Is
Ss sns u q soa;1 and %
against disturbance First OF III let us settle Soms clesr
ideas about what Is judicial power and especially the
says that the judicial power Of the United states shall be
vested ~ one Supreme Court and In inferior courts
sh me % nay rom ums % time oraan and estao'
not executive not legislative but judicial power Next
i Is said that this judicial power shall extend what p
and equity not to questions At large whether they arise
under the constitution under law Of Congress or
amy ss but ~. q - s Or equity Sa
caseA That t. the constitutional provision What
further Is This Jurisdiction extended under the next
esd that divides the over cases \ II law
and 6d1ty, and divides between the courts that were
c1s.tsd Or Of being created under the
visions relate altogether to the partition Of this Judicial
power not 70 giving new SORT but 70 dividing ous to
diccn that has already been given by the constitution
that w. jurisdiction in cases OF law and equity and As
and appellate Jurisdiction Certain cases are given to
this court to be equitable here under its original urs
dicon; that is where this y the court Of the FIRST
nsancewhcre this court first OF all before any other
court takes cognzance OF the parties and Of the
need not enumerate them ali only that one which s
tuition gives TO the court Jurisdiction case or
controversy, which - still more significant, n law or
State Or citizen Of another State Is defendant. and 50
Far a. . State can be PLAINTIFF" there II stops
Your Honon will reoolecs that the constitution,
to give jurisdiction also il favor Of citizen y one
State as plaintiff against another state as defendant
day that construction denied and authority 70 invoke
tn original Jurisdiction Of this court in the Of
citizen q any s:,s bringing nS suit against smother state
suit but MOI 70 Be- sued IS DEFENDANT State, then, 81
complainant in equity There is no question about tsf
Beyond that the next inquiry s has the State brosehs
the State, then comes the next qucstion-Has pre-
sented case IN equityf Has Il brought hero nd only
proper parties but has u brought here subsc natter
from the argument Of ny learned friend who - spoke
that did mot matter much what sort Of oon1oversy
and proper defendant yoa might bring any
here and you might sae ct law for what wG b enly
.S ht o :ss = ssSy @ .n.. ss only 3
agsatT mistake than thia staae, )lks any other
salIor, kAvn6 - election Ptvssa rs1s1y = law and
I. rsss ! sw = 5 sssg ~. s how ~'s s1sss
The question y. n \ makes ! misaGs there the mis-
..ks = f. 70 y: case II visg Z these ven settled
relief which IL ssska II has 1se1sd Tor itself that Is
please a. shnk over the vus sid Of equity ,urisCc
Sssn not soos I nss%uch ' = sh s sia
ssoms 10 30 the rule ae TO challenge the gentle.
S .' . y cite .s.n 'ss e w " q equity
Mississippi Undoehaedly there AZ equitable rights
"a he ssa q r s
:sa sss 70 s:s sai PROM
erty adm)fm some Of the the question Of prop
ned The 81 courts fsrshest in those cssss win
admit must show that the case and the rslisf touch
aqueq1a Of property. u Is not 90 With court Of law
There - many rights and many wrongs that court Of
law - vindcaie and redress that do not within
the Jurisdiction OF courts Of proprietary right rights OF
prpperty "A court Of law s criminal side takes cog
1eaace OF life, and Furnishes the crime Of MURDER
Enough there 10 no question OF property concerned II Is
CO. too In matters criminal There are certain
hts that come within the jurisdiction Of courts OF law
that do mot depend merely on moral obligations or
moral duties that have no respect TO properly.
man susains great injury in his reputation u is GER
tanly not court OF equity that he 20 vim
furnishes him remedy in that where there IS no
question Of property but simply question Of reputation
and s 70 which her. muss Be- some ony
remedy BY way OF restoration and damages but remedy
BY way OF prevention: In giving relief against threat
drawn bstwesn equitable relief and relief Al the common
law n threatens TO take my life which IL far
any the word certainly there is mischief that
ought to be guarded against Suppose come into
court e equity and asse this Threatened mischief 70
and enjoin him from committing the medated wronge
Not at all; but there must be some relief somewhere
That furnished by Of Law under Jurisdiction very
well known and very appropriate, By complaint Of the
individual instead Of threatening my lie threatens 70
take away from me some valuable thing something to
which the idea Of property attaches sad u may be pecu-
srIy Valuable IN that respect the moment the threat ID
directed TO right founded Ia property that instant
into OF equity and ask the preventive
power OF the court TO prevent him from touching my
properly He may BE- kept on my lands but he cannot
be kept out Of my house In threatened assault
cou ~ ~ . csn
remedy; rights which not In any sense rights OF
property, but which Jet rights that come within the
r1xu nf All fuofc nd rAxhfa hfrI
court protect Take the right often spoken
OF by my learned end-the right 20 vote, the elective
franch se vested In melt is not property 10 docs not
give bread Il is not thing can sell or raise money
upon without committing q crime but II 10 q valuable
right thaAcomcs within the cosnzance OF remedial jus
uce. 70 the appropriate place In my precinci,
where an election Is being held, 10 which legal