New-York tribune., 1867-04-27
RECONSTRUCTION.
THE SOUTHERN INJUNCTI0Ns.

General TO dismiss the bills Of complaint ieu ny 'no
states of Georgia and Mississippi respectively "s"oV
secretary Stanton, Gen. Grant, and inc ",n~"' -
Inassders of the distrscts, in one ease Cen w. "
The other Gen. Ord were heard IN the onpie
day The argument was commence" y! "''''"'' w.
eral Stansbeiy who said
n is stated i'm of the briefs fieu ny NY e1IIeu %
friends that no more lmpoIId t t its atienti"n or
ever been before this Court or cacu 10 ils "'letO
submitted for its decision IL the see,Hio se.i hfro this
the question se UP III o1l % % retion wb,ch now divides
fbe nfople OF the United States INTO TWO great lfles
mere they mean that the great controversy as to me
snods and manner aud time of reconstruction and the
Aattment or state of things consequent upon the ne
beIlon is here for decisio am qmte wlng 10 aoIn,, ~
although am accustomed to hear lawyers overstae the
importance OF their cases that the Importance OF tt
question cannot be Oycrsated D IL that - o y
here find myself in very awkward pOsI'lOn IA tnc
political question is here and am TO t,H as a. P1ncin, @
and not lawyer, should rather choOse 10 nhe iS
place by the side of the opposite cousc ana AIRue W
them the political question, ior al 9iS I inrp NJ
however as | conceive, that question is not mere
sSesiion az i and the case before the Court, and it,
az / apprehend, | am to speak Ohly as d
the right position, and may he allowed to add on the
right SIDE and shall take care through the Ease mere
RcicEe the Court ioE n ny b the other
Az here at as not 10 be discussed ana celtalS
not to decided for although this Court SITS 10 enter
Hon tis Cont can never decide ana il Of those
great that your hOnOrs eau take
words possible 10 get before your honoIs what Is uo
question submitted. thk the Dtst ~
whrh can present IT, preparatory 20 the argument stO
begin with the laws acts of Congress that are mere
brought IN guesmo upon M a.1 @ @ o suffer injury
deem proper that The Court should hlst DC iH pos
sesed OF these acts of Congrrss ana Of OF %hae WI y
before considering the statements OF me bi oi
Tor without understanding what me acts OF 1GsSs ~ ~
the Court These acts Of Congress arc very recent l
only within the last month tat tneg MI p"%1u, % firt
Is the OF March 1867, passed by the AAAIAth S1
lent
government of the Rebel States" iIhe Attorney-
General proceeded state in detail the provisions
of the Military Reconstruction act oi MaESh
and the s,rmppesnen,y m en- ,eS aS in This Court TIC
parties to i'll am now speaking OF the Sgoisi% s
s1se-a6S are 'Go conSai6ant Sl and EGwin M stanton
fhe Secretary OF War; Ulysses s. Grant, GeLeIalin
the Military Commander of the Third Military District
in which Is comprised the State OF Georgia as defendant
thrT eItIzenshp viz that the Secretary of War is c
zen the State Of Ohio and Gen. Grant ana Cen Pope
ave both citizens of the State Of Illinois That Is the
character OF the case SO far as the parties are G
the bill OF complaint which alleged these acts of Congress
be unconstitutional and VOID, reced the Olgh oI IS
state 9i georgia anu 1 q, % 1eor take away ali it's
political rights and interfere IN IT'S domestic AFFAIRS III
particular, not committed TO Congress eSltcdhy as 10
the exercise of the right OF suffrage IN that State The
dill alleged that the PRESIDENT although he Ne'Oeu hese
acts and endeavored 70 prevent their passage cosueIs
II his duty To execute them aud hence becomes part
the fuActions of the Secretary Of War and OF the o
maudng General TO receive orders from INC FiesehI
and transmit them to the proper Officers who are 10 exc
laws IL is alleged that Stanton ana Oeh
Grant gave speeches that they intend TO Issue and
transmit orders the President shall give them IL
Is further alleged that tie President has appointed anu
designated iOr the district ia Wheh 1eoIea s oonpistu
a Military Commission. Gen Itpe cilizen OF llDhOlS,
these laws and will execute them unless restrained by the
order of the Court These are the dangers threatened
these are the rights invaded To protect these lights TO
avert dangers the Cont is asked 10 nelp0se by
preventive injunction, and TO stop rom the nc hegIg 20
the end execution Of these two acts OF CogresO
stop it now, this moment; for they say that II thls IL
allowed 10 run for six months the injury will cOGsum
and there be relief tnat rs not lnhtanta-
aud preventive This Court therefore, is asked 10
eion Gen Grant and Secretary stanton from receiving
any orders from the President conveying Ihem to the
military commander of the District, and to eioin that
military commander and the forces under his command
all the machinery that is 10 be set at Work by ann
toward carrying these laws into execution from taking
one step or making one order toward ther tAeeu1 t
But at last the gentlemen stop these laws are iuy
executed They carry Their prayer or an Gown
20 othe meeting of the convention Ihey msht as wen
II further, and enjol, the Convention nom FORMING
Constitution; little further, and eIJ0ln the people rom
ratifyng the Constitution; little turher yet ANA en-
Joining the President OF that Convention from sending
that Constitution here to the President step further
and enOn the President from sending that Constitution
ness; step further ana enloin Congress from ag
the mischief, aud nothing bur that does work It, for until
Congress acts all that is done is leather ana pInnea
tnal act Of cOnsummatiOn by Congress Is done. Why
NOT then nv friends have gone a step further and 10
get relief eHjoined Congress from raying the Conssu
ton Until that act comes you are not injured My first
objection that We have not such parties here as author
this Court 70 entertain any case. The bill il
filed under that clause Of our Constitution
which gives 10 tins Court original jurisdiction
In controversy between State plaintiff, and et
of another and different State defendant. The
jurisdiction Is not because OF the subject matter but
because OF the parties, so that II happened that stan
ton, Grant, and Pope were citizens OF the District OF
Columbia, Of a Territory citizens Of this very State
Of Georgia. there would ho 10 case But say my friends
We nave tne very paf1Gs eG@Sn @ no M sT oD be a %
point OF the case To question the nght OF the ste OF
Georgia, Provisional Government or Otherwise 10
bring suit The purposes OF the argument 90 not re-
qure that 10 is the character OF tho defendants on
which we rely show that this Court has no original
jurisdiction in this case What is the meaning OF this
clause Of Constitution Does not suppose an actual
a State and citizen OF another
statef What is the OF giving the jurisdictoni
1t is that sovereign State, having controversy with
Of equal dignity shall not be required TO go INTO
the Court OF that other state 70 ask It's rights,
either because is below the dignity Of the state which
ing the Jurisdiction might be partial 20 It's citizens
State cOnnOt come into this Court with suit against
ifs own Citizens or against citizens OF the District Of
ColDmhia nr Citizens residing i'm The Territories The
Jurisdiction extends only 90 the case OF cOnr0vesy be-
honor was it ever Instituted by the Constitution 10 give
such jurisdiction that which Is sought here VINO Is
this controversy with II is with officers Of the United
States Of very high grade What IS the controversy be-
tween the state Of Georgia and those 0fcerst Isl WIN
them as individualsi Is it with Edwin NJ Stanton as
citizen Of Ohio that Georgia has controversy here or
with Grant and Pope citizens OF liDoisf Not at all
IL not alleged that either Of these defendants rs about
to do anything IN his individual capacity, which Is sub
ee OF controversy between him and the State OF Georgia
The controversy not with them in their individual
pacty citizens Of States hut with officers OF
the United States who have State citizenship but are
eretary Of War and OF the Commanding General is by
DeIe Their official residence u IN THIS District IL
agast then as officers that Georgia makes cOInpant
and she seeks 10 refrain their official acts.
court Of Equity looks at the substance ot things
asked to entertain the limited jurisdiction given TO
ths court IN an original case and find that as 10 parties
must be controversy between State and citizen OF
another state ask your honos when YOU come TO look
Of such Controversy Suppose to morrow Mr. stanton is
removed or resigns hs post as Secretary OF War What
any controversy left between Georgia and
Sant3n as an indiyidual and citizen OF Ohoi kone