New-York tribune., 1867-04-27

they Nilexecute these laws. From the beginning the
same allegation might have been made for the ffesut
has said from the firet il has always been hls
doctrine, and | hope always viii DeL'Ihe m1ment "
law is passed my nothing Is LETT Tor me nut W
execute IT." The gentlemen might then nave begun az
~ that moment with their bill, add have sHld 10 s tnls
Court "Stop now the execution Of these laws" what
does that means That say is nothing but Jldltlai
veto in fact far superior TO the Presidential veo. ~
judicial Veto judicial sentence Oa court Of lat resort
is final, and no Congrees and 10 tTothbds ~ Cohgss
can change, alter, or modify that IL STANDS fNeu ts o
law pronounced by tribunal that remains mere lor my
cannCt be set aside by any change al the polal s.t
ment. II settles it forever. say this is an apsotuio %
veto. II is precisely the same veto that the Roman lD
unes had. What that Those officers, cnOetn uuS
the Republic to protect the inter- ste OF the people, Nu
tribunes," had no insignia OF Oilce no fous' U n
preceded them; Cmblcms OF sovereignty accon"%,eu %
them. They had not house, they sat on DenGd'S % & by
dared not enter the Senate-liOuse 1hty Couu he
elected the plebeans. And yet tie In00rly oi @
Roman people represented by thcn' anu my y sto on
authority, by prOnOulCnS one wore, V,oorton ~
every ordinance of the Senate, TO STOP INC an "
every law absolutely and concusvey' w1.Houo nny , az
peal That power Was ealieu ny o@s,N but that Here
RHOram." What is this, Your Honor Dus tnas iinrI
upon the passage OF an act OF CogIss, & @ % arises
step is taken toward lts execution @ any anncer
before any individual is hurt before any p;t,s apph phn
comes the state OF Georgia anu I.s pho thrcatcn TO
have not as yet executed NC law, D' % NM l ' iupnscs
it, that is, those upon NhOln thc Jaw iuposV
tLe exesnon OF tie law to decree that IL IL dead
letter TO say that nothing SHAH he done uhuer
we veto IT, we forbid it, Ia not that absolutely sol ~
this can be done the jurisdiction may De lhSOkeu
wherever you get nominal parties, may DC lNokcu ~
regard every law that Congress may pass DeoIV ~
nr0ceeds to execution and before yet case has arisen
under it. II there IL power IN TINS court 10 veto am5
their representatives. to pass u high lIe % tne
they shoGid ott & first Of which the peo
pe have convulsed from one end OF the Union 10 te
aIer ON the question cOnsutOnality aud eAped
eucy Of law Tanffaws annexation laws, and 1t would
take me long while 20 10 the end Of the chapter
laws of various Kinds been passed again ana again
nv Congress as TO which there questions of
COnstituahty and prOpIety. III there was hINays
power here IN this Court TO stop them before they
rrot into practice, before any case had arisen
Under them, il is a curious thing that this Court
was never before invoked such an occasion. ON
the contrary the people thought the only way 10 dei
wi those laws il they did not approve Of them was 10
send new members, VINO would act upon hei 10 run VIC
views Of the people. That was Their reef OF, II laws
were unconstitutional the people waited unlil case
arose, until some individual was afected Dy thchl ana
appealed 10 courts for redress Our laws operate ON
individuals, and have their virtue and deacy IN oper
ang on individuals. Then, IA tc case OF some lunu
uals, II the general nuisance OF bad law becomes
special nuisance, he may bring II before the JUDICIARY!
Such question was made ia the convention mat IIan,o
the Constitution The scheme then presented was not
halt so bad as this but something hkc u was pf2po'ca
by Mr. Randolph, the elder In Tie Convention lie OF
tcrcd this resolution:
Rsorea ard convenient numbc Of member, Of
National Jpdcsy ought tO compose council Of It1ou Win
examine every act Of the National legislature tains tla
& ic Grai and ihs, The dni Of he sad eourc
econ lne the act Of the Netora L a1re te agle pai or
Of each branch.
Here was an attempt to give qualified vetopower
be vested not in the Judiciary alone but IN the Judiciary
with the Executive sitting as council OF revision, upon
every law after its passase before II ad gone into opera
favor with the Convention. II was rejected, and
Instead 3f m tH" 1e py Sa doped instead Of
div6rciug the Judiciary the consideration Of such
eoe before 20 Sm in its Execution upon
Zee nnon this point that l claim that this case is pre-
be, has not arisen, for they must show con
tho law They must slow an individual right, not
general public night This Court does not SIT ne cOnsery
atOrs over public rights, and such to guard them in
Inc very beginning against the execution obnoxious
law. IL hts only IN controversy, after controversy
has arisen II there other objection 20 the case
this wOud be SuffIcicnt-namey, that controversy
has arisen under this law with party citizen OF
cnage they have leaped before they came the ste
they have cried out before they we're hurt DO not say
that time may not come, that circumstance may not
ARISE when under the operation OF these laws parties
citizens individuals, having rights in which they are
for the decision Of this Court Whenever is brought,
trust the Court viii not shrink from 1t; eut,
until is brought l as ferNentiy more thI1
Court will not not oynfirStep Nni It's jurisdiction; ;o,i
hold Of such jurisdiction until II comes regularly ana
agree TO dodge IL when 10 does come. Next, Jet me
what sort of case have my learned friends here Equity
lawyers Of great standing know them 20 be, but " nm
does their case fan short OF any relief ever given by
Court OF Equtyi We may make mistakes m our
anxiety 10 carry point sometimes. think my learned
friends as equity drauesinen have done 30 IN ts case
Considering who signs this Georgia bl as solicitor and
find that there was much prayer that the de
PENDANTS should OF course make point now,
to show how in the pursuit OF a particular thing,
apt not 10 upon the dictates OF our calm and sober
further than IL But upon the general doctrine OF
equity law the suffciency Of bill 10 bring case
let us look few moments at this bill This is bl Ia
equity, brought by State admit that state can
its political rights The State Of Georgia here comes
into Court alleging that it state putting that matter
in issue do make any question now as 20 Court
Of Equity being fit Court 20 decide whether State Is
in the proper enjoyment OF lis political iranchises Inc
Georgia Is now state OF this Union II they alleged ~
as matter Of fact have right TO deny II: And
dction to decide that Georgia @ is & state @ Il has jus,
or not a state-is settled, aud settled forever
by this Court But what next Itis alleged that Georgia
has certain political rights and privileges, aud also that
she has certain property can see very well where my
Of the can that they had at eas; some ink
ling Of the difficulty Of bringing state into Court Of
Equity TO vindeate It's political rights ana the franchises
aud rights OF its citizens They that there
precedent for such proceeding that They saw the
necessity OF founding the equity jurisdiction OF he court
upon the state Of Georgia corporation, and cor
oration whose franchises and rights were about to he
disturbed and therefore, entitled 10 preventive ieet as
individual would be 10 protect his property and his
rights from rTepaTable mischief and INJURY But, al
though is mentioned that the state owns lands not
claimed that anybody II going TO take those lands II does
lands about TO erect one does not appear that any
body about TO bring suit in regard TO those lands and
state being Texed ~ sts It is Simply alleged that the
State has such lands These military officers do not pro
then the danger those lands2 II is, understand
that If finally these acts are conslunmated finally there
j "a
by the people of Georgia, which constitution becomes
the constitution OF that state the present organism or
Georgia ceases the present State Government IL dis
placed and hold of those lands Then where do
they got Who does the present Government hold them
for For the people Of Georgia for public uses II anew
constitution shall into operation and be ratlned py
the people of Georgia. the new Government VIII hold
these lands for the same for waste not for
destrcon not for changing their destination, not as ia
the case OF charity to devote them 20 other uses NOT
as in the case of the property Of private corporation
to turn them TO other and 70 the purposes
of foreign corporation But at change the form Of
government as You please the people OF the State OF
Georgia will own all these lands undsturDed In any way
AZ these laws are carried out Before We touch these
anhs hefnre We touch q singe one of these rights OF