Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1867-04-30
THE ARGUMENTS IN THE SUPREME
COURT


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arguments "er' oai't Un 'UI E'i ,i "',''
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spoke two hours. ne 'un p'n'I was pi0 ieis
Mr' Justice ORC, seP' ~ I'J o.a,' 80, a''., a.,
h"ul UT Hui'' N"i'"s INV "'''0! 20 u.s.
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any time crowded uhe-iou'In oI 'n' spectators
were laaes' some OF usu wen N"oMn s',''''"u
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4 beardedi goou ou ON H"inE' WI" us """
htad ana loNhl uouoiV 'n''l "''"to' .'"'s ""'
grave ana digmueo me SECRETARY Oh lle I'aSuIl'
bland ana unrunledi lhnnas 81 DuIahI lhe sau-
laced ana thln-ieatured New orleans uniohlst
Judge Black, WIN hls Safoonic 'mlIe auI wn,'e
eyebrows ana oiaok Wig rugged 'oshua Nun lue
Georgia lolalst me commissioner Oh internal
Revenue MIR. holilns with nus eager eyes and
pleasant smile; kc'crdy Johnson senator stew
ant, Judge Shakcy, Robert .. walker, FREDERICK
I stanton, Judge Patterson, MrNuwan. Mr.. NC
Doueal, General Dent and goody number OF
white haired Washington feuel NmPatmzers.
The Auoney-General admitted NJ opening that
the matter before the court was OF great impor-
lance, and frankly SAID that II the neht or wrong
policy or impohcy OF any plan OF reconstruction
were under consideration, he should hnd himself
IN very awkward position, as his political sJmpa-
tines were with the gentlemen appearing on tine
other side. The question was not one 81 Pohtcs,
however but OF law, and ne iet confident that he
was ON the leht side. ms frank ana manly
avowal won Tor the attorney -Ntueial me good
VIII Of all spectators and there was Just the least
disposition on the part OF lew 10 manifest apmo-
ptcme Count can never meddle WIN icconstfuc-
uon never take cogmzance oil the political issues
! involved m that matter.
The fret point made by the Auorncy-General
was that the parties o tins SUIT are not such as 10
{ bring it WITHIN The jurisdiction oil Inc supreme
Court. The case he SAID, rests ON the plrties,
not on the subject matter lie would not stop to
question the right Of Georgia TO bring a suit m
this court, but he denied at the outset hat she had
amy night to brng one against these defendants,
VIZ: Mr. Stanton. General Grant and Gcneral
Pope. The Constitution gives State the right
TO bring suit against citizens OF another state with
whom she has controversy, hut nobody pretends
that this is such suit IL is not an action against
Mr.. stanton and General Grant IN their private
capacity as citizcns-uot against them as indiNidu-
ais but solely against tlcm as officials against
Mr. stanton as one Of the executive agents Of the
President and General Grant and General Rope
as officers Of the army. suppose an injunction be
granted to-day, and MIR. Stanton resigns or is re-
moNeu 'o-moiIoW aun evlhV one 'lse no Put ln 'hc
Office he now ILLS, what becomes OF your inJunc-
ton?
The second point was, that there was no cause
for action, in that no controversy has yet arisen.
This was argued and enforced at considerable
, length. Mr. Stanbey said the measures under
which the defendants are acting have only just
been passed and almost before the ink with which
they were eugrossed is dry, the gentlemen come
here and ask this court TO set them aside. They
alege nothing IN TINS bill except that the military
commander has been appointed They cry out
j before they are hurt, indeed before anybody can
say they are going TO hc luIt. The dangers Of
which they so cloquently complain are entirely
prospective, They might for all that has yet
= been done, as well have applied for au Injunction
the moment the act passed over the Presidents
veto. What do they ask Plainly and simply,
that The law shall be annulled by judicial veto.
This is far superior to presidential Veto for no
two-thirds majority set it aside. 1t is the alb
solute veto, such as the Roman trbunes exercised.
= Take cognizauce of this case oyerrue this law
! before scarcely u step toward its execution has
been taken, and the same jurisdiction may be in
e yoked against any law OF Congress, by any party