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

learned friends were tending when they
came to that part of the case. / can see
that they had at least some inkling of the
difficulties of bringing State into a court
of equity to vindicate it's political rights
and the franchises and rights of its citizens
They saw that there was no precedent for
such a proceeding as that. They saw the
necessity of founding the equity jurisdic-
ton of the court upon the State of Geor-
gia as a corporation, and as Il corporation
whose franchises and rights were about to
be disturbed, and therefore entitled to pre-
ventive relief, as an individual would be to
protect his property and his rights from
irreparable mischief and injury. But, al
though it is mentioned that the State owns
lands, it is not claimed that anybody is 60
ing to take those lands; it does not appear
that anybody has erected a nuisance on
| those lands, Or is about to erect one. 1t
does not appear that anybody is about to
bring suit in regard to. those lands, and
that it is necessary TO stop litigation and
prevent the State being vexed by suits. 1t
is simply alleged that the State has such
lands. These military officers do not pro-
pose to take the lands, nor can they take
them. What, then, is the danger to these
lands ? It is, as [ understand, that if
finally these acts are communicable fl
nally there is new constitution provided
for Georgia and ratified by the people of
Georgia, which new constitution becomes
the constitution Of thai State-the present
organism of Georgia ceases, the present
State government is displaced ana loses it's
hold of these lands. Then where do they
go: Who does the present government
hold them for? For the people of Georgia
| for public uses. Ii new constitution shall
come into operation and be ratified by the
people of Georgia, the new government
will hold these lands for the same purposes
not for waste, not for destruction, nor
for changing their destination, not, as in
| the case Of Il charity, to devote them to
other uses, not, as in the case of the pro-
perty of a private corporation, to turn
| them to other uses and to the purposes Of
| foreign corporation, but at last change
the form of government as you please, the
people of the State of Georgia will own all
their lands, undisturbed in any way, if
| these laws are carried out.
Before we even touch these lands, before
we touch a single one Of these rights of
Geogia this court is asked to interpose.-
| And what is it asked to do? [ make dis
| tinctiOn between matters that lie in the
choice or discretion of the commanding
| general as to the extent to which he will
execute military law there and other mat
ters. He has simply said, 81 will execute
| the law" Now, he can execute it in two
ways He can execute it by making it a
military despotism at once, by usurping all
| the civil tribunals, courts and officers, or
he can execute the law INST as we'll by leav-
ing them all untouched. 1t is not alleged
that Pope threatens that he is going to dis
place the Governor, the Legislature, the
| courts, the executive officers, the whole
machinery of civil government in Georgia.
He has simply said that he will execute the
law. Whether he will execute it by the
rigor of martial rule, displacing the civil
authorities, or execute it by leaving them
all in perfect play, he has never said. The
first practical thing to be done under these
laws is theappointmento of boards of registry
to make a registration of voters, prepare
tory to the election. That is the initiatory
step. It has not yet been taken, but it is
to be taken, and the especial prayer of this
| Injunction is to stop that very thing, with
a series of others that are to follow after.
Here is an attempt to induce court of
| equity to stop an election-a political cleo
ton to prevent the registration Of voters
| by decree Of a court of equity before any
registration is made. The evil lies away
| beyond that the evil is not in registering
| the voters, but in something that the voters
are afterward to do, and something that
| the convention is afterward to do, and some
thing that is to be the result of all these la
bors But these things have not yet hap
pened, and my friends propose to begin by
asking you to stop the registration of vo-
ters. They say they can have no adequate
relief against that registration, and the
evils that lie beyond, except in a court Of
equity. They cannot wait until the laws
are executed, but they must have relief
now, prospectively, before they are put
into execution and the first thing this
| court is to do is to stop the registration
| [ have heard of great many bills in equal
| ity, in various States, but [ never before
heard that it was the function Of court Of
equality to stop an election. What are the
consequences of an election? TO make
officers and invest them with powers. If
these officers and these powers are going to
| invade any rights, they are the rights Of
other officers legally executing some power.
| Do we go to Il court of equity to be reliev
ed against an officer elected Take the
case of an officer illegally elected at an IL
legal election. Being SO elected, he has
no right to intrude upon the legal officer );
but is that case for court Of equity L
never dreamt Of it. It is a case for a quo
| 1C01TdntO.
But these defendants cannot compel the
registration. These laws compel no man
in Georgia, black or white, to be register
ed nor do they authorize the military
commander to seize and punish any one
for not going to the election. 1t is left en-
tirely to the citizens to decide for them
selves whether they shall be registered or
not. You cannot very we'll stop them
What next ? An election is held. Who
votes at the election /? Just who chooses
How do you know that anybody is going
to attend that election How do you know
that an election will be ordered, or that, if
ordered, Georgia is going to accept the of
fer made by Congress The people that
the State OF Georgia comes here to protect
can protect themselves against all this mis-
chief by not going to the election,
because the mischief is the election OF
a government that is going to displace
the existing government But suppose
the people go to the election and vote
for delegates the delegates are not
obliged to go to the s convention atI ~ there
tending. If they go, they frame a con-
stitution That is left to Themselves
Congress simply says that certain provls,
ion in regard to suffrage must be inserted
in the constitution or it will not be recog-