Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-05-03

of Court which shall produce delay in Civ
ing practical force and effect to what should
be right reason, if not constitutional law
ITSELF we have not the least hesitation in
saying that the great heart and the strong
legal mind Of the country synpathize en-
tirely with the noble cause OF those States.
What q reflection it is that mighty States
and many millions of people stand, in view
of the revolutionary acts of Congress, and
the usurpation of power under them, as
almost helpless suppliants at she foot of the
throne of the highest tribunal Of justice
known to the land. However grand the
contemplation of State impleading before
the Supreme Court of the United States for
the recognition, endorsement, and enforce
ment of its rights under the fundamental
law however noble and elevated its cause,
when speaking, not alone for the South,
but for every State and every man In each
and in every one of them yet the mind
and heart are utterly Frustrated by the lace
rating reflection that States antagonizing
before the same tribunal upon tho most
common of material subjects occupied
higher place in the thoughts of partisans
than the great parties and the grand IS
sues now staked before tribunal that can
only regard law and truth, while defying
the suggestion that its course can for sim
gle moment be swerved by considerations
of party or of sectional or political views
feelings, or sentiments.
thn
says:
. Before the nine Judges appointed to interpret
the Constitution and the law appeared the counsel
of Georgia and Mississippi, asking that the exec
utive agents might be restrained from the enforce
mcnt OF oppressive legislation. The Attorney
General Of tia United States, whose duty it Is
legally 10 advise with and defend the Executive
rc8ist5 the PRAYER for the injunction, and asks thai
the motion be dismissed and yesterday the
is heard argument. The courtroom simple
in its appointments and limited in its accommo-
dations, is crowded. The Judges make their APP
pearance, as usual save that Justice Grier, whose
health is feeble, take his seat in advance of the
Court, aided by his colored servant. Within the
bar are the Attorney General, his assistant, the
eminent counsel for Georgia-Messrs. Black, OCo-
ner and Cowan for Mississippi-Messrs Walker
and Sharkey; and near by are Senators Johnson,
Patterson, Morgan, Stewart and Fowler, and
number of distinguished lawyers, amongst whom
we recognized the Hon. Thomas Ewing, Chief
Justice Carter. of the Supreme Court, Philip r.
Fendall, and others known to the country.
"a few minutes after tho opening of the court
were occupied by Judge Black i'll brief vehement
speech some railroad case, Of the merits OF
which we could Gather but little, when the Attor-
ney General rose, and in impressive, earnest
phrase commented Oh the mOnentUus Importance
Of the case. and then passed to dissection of the
nature of the laws complained OF, and of the char
acter and grounds for all appeal to an equity court.
We publish the argument elsewhere, and Il speaks
for itself as eminently iaWyer-like, exhaustive,
and able presentation of his side of the question.
Argued on purely technical grounds, he studlOusly
avoided the solemn question Of the constitution
atty of these laws, while insisting, with force
and adrOitneeS which cannot we'll be surpassed,
that the case one of which the court had no
jurisdiction. The reply of Mr.. OConOr met. it
seemed to US, fully the technical objections Of the
Attorney General :; but it did more. 1t showed
that the Supreme Court is the only tribunal to
which States, civil corporations, appeal
when their rights and franchises are invaded
that by the very terms of the Constitution the
court is bound to protect their constitutional
rights. Individuals, when wrODTCl, may appeal
to the commOn-law courts. Ordinary corporations
may appeal to the State tribunals. But sovereign
States, which have agreed that the Supreme Conrt
shall be their tribunal of arbitration, are i'll the
position Of nations which might agree upon
international high court of appeals, coming, with
no loss OF dignity. to the tribunal which they
have clothed with the authority, to ask that JUS
tcc might be done. The objection against pOti-
cal decisions very fOrCiby and elOquCntly dis
posed of, and the solemn function of court to
pronounce the law, leaving it to the Executive to
refuse to enforce it, or obey, WAS most impress
siVrlv FEOUIn1cd."