The New York herald., 1867-04-27

And suppose thas Secretary happens 70 bs citizen OF
the District Of oes S. g
NOTHING 70 bring this case within the letter, the
the spirit o. ,sns me arIss,cton pro
Next II the Court please come 70 tho Important
sessd nfracons Of that right and the relief which
asked from this Court to establish that right First
Sled The ink with which these acts Of Congress were
engrossed 10 hardly dry Congress has just adjourned
and at once the controversy ina. ragged tn there few
attempted to settle IL constitutonsy, he attempted to
give the reef which Is sought here in the exercise
his powers the President while these acts
were upon their passage attempted 70 stop them by his
yeto but Congress also acting under the constitution
The laws were passed. and what thenf Before anything
was done beyond designating the military commanders
this bill was nsd Lev US begin a. the very beginning,
jurisdiction now In this Court 70 stop the execution
OF these laws, there was jurisdiction on the
oath March when the last act passed before the
President had even appointed military commanders
because recoect the danger threatened here Alto
dent the General Chief the Secretary Of War and the
Military Commander give out In speeches and threaten
that they wal, execute snsse laws from the beginning
President has said from the first has always his
doctrine, and hope always will be. g The moment
law passed over my veto nothing is left for but to
execute it, The gentlemen mighl then have begun at
moment with their BILL and have to this COURT
Stop now the execution Of these lawsn What does
that mcans That say is nothing but judicial veto
in fact far superior to the Presidential veto judicial
Veto judicial sentence Of court OF the last resort is
na and no Congress- and thirds In Congress can
change alter or modify that II stands fixed the law
pronounced by tribunal that here for life and
ment. 1t settles it forever say this is absolute
veto. 1t is precisely the veto that the Roman
tribunes had What THAR Those officers, chosen
during the republic protect the OF the people,
called "tribunes had insignia Of office. no rods, no
.cors preceded tnem no emolems OF sovGte,en.y aS
benches they dared not enter the senate house, they
could only be elected from the plebeians And yet the
majesty Of the Roman people was represented by them
and they had authority, by pronouncng one word,
veto to stop every ordinance OF the Senateto stop
without appeal That power was called by Caesar s.Ui
Jus tribunorum. What is this, your Honors,
but ihats Here upon the passage Of an act Of Con-
execution, before any case arises before any
individual is hurt before any parties appear, comes
have yet executed the law but who threaten to
execute it, that is those upon whom the law imposes
execution Of the law, to decree that it is dead letter.
say that nothing shall be done under it, to say
veto It, forbid It, Is not that absolutely SO? II this
be done the same Jurisdiction may be invoked
wherever you get nominal parties be invoked
ia regard 70 every law that Congress may pass before
arisen under it. II there is power in this court to
veto laws which the people consider wholesome and
necessary and instruct their representatives TO pass IL
is high time that they should know IT, but such power
has before been invoked. This is not the first
occasion OF which the people have been convulsed from
end of the Union the other the question
consttuonality and expediency of q law-arif laws,
annexation aws-and il would take me long while TO
go to the end OF the chapter Laws Of various kinds
have been passed again and again by Congress as 10
which there were questions of consttutionality and
propriety. II there was always power here In this
court to stop them before they get into prac.
tce, before any case had arisen under them, II
before invoked On such an occasion. That on
the contrary, the people thought the only way to deal
with those laws If they did not approve Of them was
TO send memoers who would act upon them 10
suit the views OF the people That their relief; or,
If laws we're unconstitutional, the people waited until
a case arose. until some individual was affected by
them and appealed TO the for redress Our laws
operate individuals and have their virtue and efficacy
in operating on individuals Then, in the of some
individuals the general nuisance OF bad law becomes
special nuisance, he bring il before the judiciary
such question was made IN the convention that
framed the constitution The scheme then presented
not half so bad this. But something like IL
proposed by Mr. Randolph, the elder in the convention
Resolved. That the Executive and convenient number
se o s the % 10
national legislature before operate every
at@re ;. passed or that Of psrua ssu BE-
again negatved by OF the members Of each branch.
be vested, in the judiciary alone. but in the judi
cary with the Executive sitting as Council Of Re-
vision upon every law after It's passage, before y had
gone into operation before its mschies developed
Il found with the Convention II rejected
and, instead Of that ths actual veto power now
exists proposed by General Pinckney, adopted,
dvorcing the judiciary from the consideration
Of questions. leaving them 70 consider only
when shall regularly come before them IN its execu
tion, upon proper and with proper pares Your
Honon viii see, upon this point that claim that this
may be. bas no. arisen, for they must show a
controversy with . party, not controversy
with the law they must show an individual right not
vators over public rights and as such TO guard them in
the very beginning against the execution Of an OBJ
troversy has arisen. II there other objection
the case this would be sufficient namely, that
citizen Of state, public olcer, or anybody else In
homely language, they have eaped before they came 70
the se; they have cried out before they were hurt
do not that time may not come that circumstances
may not arise whep under the operation OF these laws
parties, citizens individuals having rights in which
they are entitled to be protected may not bring the
matter hero for the decision Of this court
Whenever IL is brought trust the court will
ferventy hope this court will mot ovsrstep its juris
dction- ] trust the court will never agree 10 take
hold Of such jurisdiction ~, until az comes regularly and
ask upon the ordinary jurisdiction Of court Of equity
what sort Of case have my learned friends heres
but III am rignt-if have any conception Of equity re-
ef-how far does their fall short OF any relief case
our anxiety 70 carry 4 point sometimes. I think nv
learned friends equity draughtsmen. have done
this case Considsring who signs this Georgia bill
solicitor and ~ counsel was very much surprised
examining IT, 70 find that there was not much q q
prayer that the defendants should or course
necessary prayer. I merely state it to show
how In the pursuit Of . particular theory, We
apt 60 upon the dictates OF calm and sober
Judgment and sometimes 70 attempt 70 stretch the Law
further than 20. But upon the general doc trnes
OF equity 70 the sufciency Of bill 70 bring
within the jurisdiction Of the court for equitable
lief let look few moments at this BILL This bill
in equity brought by STATE adnit that State
sue In equity and at law. His bill by State vim
dcate political rghts The state Of Georgia here
into court alleging that IL stats, putting that matter
In ISSUE do not make any question nov = 70 . Court
Of Equity being nt court 70 decide whether State 10
In the proper enjoyment Of It's political ranchisea The
gentlemen allege, and ask your honors 70 nnd that
Georgia State Of this Union. II they alleged u
as . matter OF fact, ! have right 70 deny IL
And what 10 the consequence II this court has
Jurisdiction 10 decide that Georgia statc
IL has just the jurisdiction 10 decide that Georgia
not State, and that great political queston-State or
mot q state-is settled, and settled forever by
this Court. But what nexts t II alleged that Geor
ga has certain political rights and priviegeA and also
that she has certain properly. I can see very well
where my learned friends were tending when they came
70 that part Of the can see that they had a.
least some inkng OF the dcuities Of bringing State
into court Of equity 70 vindcate It's political rights and
the franchises and rights Of s citizonA They that
there was precedent for such proceeding ~ that