Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-05-17

| ~
threatened. not to its property, but to its
existence us a State ; that does not destroy
its land, but destroys itself as q corpora
ton, and puts an end to its organization.
That Is ono of the rights set up, and one of
the principles sought to be guarded against
! What further? -? The State comes in not
only to protect its own organization. but.
as [ have said, to protect the political
rights of its citizens, their right to vote,
and to exclude from voting those who have
not that right by the State laws; to protect
| the rights of some and to deny any rights
| being given to others. That is the sum OF
this case. Now, where, in the history of
law and equity, in all the books, English
| and American, can your HOnors find
parallel to such case as that? / have never
seen one, nor one that began to look like
it, or that had nry analogy whatever to il.
Is there any property III it No idea Of
property at all. 1t is ali political rights q
public corporation that is threatened and
| political rights CT citizens of thnt corpora
ton that are threatened, and it is to estab-
| lish and vindcate and protect these rights
| that the gentlemen bring their case here.
and bring it here to your Honors on the
equity side of the court.
Now, | agree that there is q great uues-
| ton. | agree that our political elements
are all IN cOmmOtiOn. | agree that there
, IS great cOntrOversy--not between these
States, who are here as plaintiffs, and these
| individual officers who are sought to be
made defendants-but q great controversy
| between Mississippi as a State and some
| other States in the same position, and the
| United States Us another State I admit
| that there is q marshalling Of force, an ar.
ray of military power, an exercise of extra
| ordinary jurisdiction, new state of things.
| Nlschlefs, perhaps, there are that may be
lrreparable. do not know how the whole
| thing is to be settled. am not wise enough
| to foresee how it is to be worked out. In
some way or other it will be worked out A: /
| do not know how; but this certainly do
| know: that it cannot be worked out by this
| court
| The gentlemen tell me that every case
| that arises under the constitution or the laws
or treaties Of the United States nav come
| to this court, and this court may take jul
| risdiction. [ do not deny the general state
ment. [ agree that wherever the constitrl-
ton or law or treaty of the United
| States, III its effect and operation, comes
within the character of case, and between
parties and involves q right of property,
! this court can deal with it, and can say
whether the law is valid or not. There is
no question about that; but what I say is,
| that your Honors cannot deal with it until
| the question comes legitimately in q case.
! can sec that under the operation of
| these laws cases will arise, innumerable
| perhaps; [ can see that the moment q mill
| tary commander, under the authority Of
| these laws, seize q citizen and bring him
before Il military tribunal, keeps him in
| custody, at once there comes q question
| and o case for false Imprisonment, perhaps,
| i'll tho State court; finally, under the 25th
section OF Judiciary act, it comes into this
| court. Whenever such a case as this comes,
| your Honors are bound to meet it and de-
| eide 1t. II it is q case of personal wrong
| merely, 1T comes to you as q court of law;
| II 1t is case OF invasion OF property, it may
| come to you as u court of equity; but as yet
no such case has come, and no party in
| jeopardy of such treatment is before YOU
A State has no such right to represent its
citizens in courts in which the citizens can
represent themselves, and represent them
| selves infinitely better than the State can.
| Ii a citizen OF q State IS threatened, under
| an unconstitutional law, with an injury to
his property, docs he ask the State to re-
present him, or can the State represent
him, oven upon that question of property,
if the property is not the property of the
State, but the property Of the citizen p
Certainly not. 4 State, of course, is i'll
terested in all its citizens, and in preserv-
IuS buGii pIOpSLUy DllI Gu6 INV gives 10
the citizen himself a right to vindicate his
own damage and loss, and not to trust it to
another. The law gives him the right. If,
to be sure, if force is brought against him
that he cannot resist, he may call upon the
| public authorities inasmuch as the law can
give nc remedy, then to interfere by force
to protect him.
Now, may it please your Honors having
stated these general views about the ma
ture of the rights set up, deeming them,
as L deem them to be, entirely political
having no reference to any right of pro
perty, leaving us not the slightest founda
| ton for anything like equitable cOgnizancc
| or equitable relief ] am about done with
this case / deny what has been asserted
again and again by the gentlemen-th thai
this court is the final arbiter of all these
questions, and that we must rely upon this
court alone TO save us. Wrongs may be
| inflicted upon us, politically, from which
| this court can give us no relief whatever.
| My learned friend who first addressed your
| Honors said that we cannot be DESTROYED
as people or as q government, unless ~
L understand him, two coordinate branches
OF the Government concur. The le2iSla-
tive and the executive may do it; the legla-
lative and the Judiciary may do it; but not
one of these alone. | wish It were so. !
GILL see NOW Lilt ltGl3littINb power ttln b''-
stroy US and destroy us forever, and It ia
the most dangerous feature Of our whole
system. They may, by laws that this court
cannot touch, by proceedings that this
court canuot arrest, plunge us into
wars that will destroy us, or in our
own domestic policy altogether break up
our Institutions TO be sure it would be
all wrong it would be the assumption OF
unconstitutional authority but there is the
power, and so long as that power is backed
by majority of the people, it may defy
your Honors and defy the world. What
even this court, sacred as it is, in the pow
er OF Congress How il Congreaa
choose to destroy this court they have an
easy method Withdraw your salaries. the
very means by which you come here and
sit here fail to make appropriations but,
if that is not enough if, Notwithstanding
that, you will come here and starye rather
than quit your posts they may impeach
you on false charges by one House, rccog-
nized, established, acted upon by the other;
and every member of the bench may be inn
peached and made incapable of holding
4 ~.