American citizen. [volume] (Canton, Miss.) 1864-1890, 1867-05-11
United States. Whether the United

IIttlSst ihNOiNtu III me SOulEONtFH'
the great L, ason for placing sue
o controversies nnder the cognizance {
;, the judicial power, as expressed b
: Hamilton in the eightieth number {
7 the Federalist, remains the sam,
= Controversies between the natio
, end its members, or citizens, can Oni
q be properly referred to the nationa
tribunals. ANY other plan woul
/ be contrary to reason, 10 precedent
and to decOrum.' In the secon,
place. the fact that the acts com
planned of are done, or about to b
done by those who hold high Office
under the United States, in pursu
ance of a law of the United States
would seem to be immatrrial to The
Jurisdictions where Il State is ON,
party, and citizens Of another Stat,
are Ehe other party, unless it appears
that the Constitution meant to ey
ciude from the judicial power al
queStlonS CT the constitutional validi
~ Of laws, when those laws, after
their enactment, involve OF acquire
any acta Of the executive department
OF the government. But We know
! oM EVERY Gays experience since
the origin Of the government 10 this
hour, that the judicial power is not
)" iinii'eu. moreover, we know that
the Constitution did Intend to create.
a power that should act on questions
| OF constitutional right after the other
co.of@lua'e departments OF the gov
e'nHe''' haa' l0f thtir own functions.
ceiS4u'itG n" NGclded such CUES
tlni8! Hh" 81 Il thaG power Is the
!u"'c'a' power On ms SUBJECT there
~ w Ia !'oI'aht ictttT "litfth by
,It -i""iS2'' ~ 1854, Which al
'h""sl' EVi-lF"' III ltH discussion and
customs contains Il more comprc-
l!t''SiEe ANA tulnlh00S statement of
'ile functions oi 'He supreme Court,
Dis i eo!S'lto!lohai resort III decld-
ing 4ntN'ion N OF JoflSoictton between
cue Oht'to states ana the individual
o'"tSn' 'Hnh 'A.H,S' so iar rs EhoW,
any "hCLe ciSr "i'hnh inc same com
pass. Let II oe remembered by those
"No may consult me letter that the
qUcSpoa under these military recon
Structloh acts IS precisely such a
question as Mr. Madison had in view.
II IS Il question whether, under any
possible circumstances 10 he deter
,nined ny vote OF Congress, the
I nlteo States enter State by force,
'hoTert the soVeEel2nty OF its people |
IS that sovereignty IS determined by |
rs fundamental Jaw, and create a
lew sovereignty ty military power
'Au "lctatlon, by summarizing to the
'olIS as voters, III the sovereign act
ii MAKING a State constitution, per
.onS whom the existing constitution
ND laws OF the State do not recog-
NE as voters. Ot course, if it rests
'lth congress to determine whether
nd when q condition OF things exists
II State that VII! render this a law
III proceeding, Vt can be applied 70
ny state at any time; for it is a
mere matter OF opinion, to be deter.
A!lcu ny majority OF congress,
neither the condition OF things exists
Eat calls for the exercise of such az
over Inc present question, there,
What Mr. .AadiS0n described as a
HrS'!0n OF jurisdiction between the
hited States and the individual l
'aleS ana whether he was right I
wrong IL the OPINION that the {
MAJ "ccls!on OF AL such questions t
clonEs 10 the Supreme Court, de /
ehus OH me correctness of his cSti- {
la't OF the purpose, extent, and I
.l@tioHd OF the Judicial power. It t
Ill Ne necessary somewhat to eX
ana the POSITIONS OF his letter, III v
DER 10 appreciate their force. L
ftiS ohlect was to state III what {
Use ana 70 what degree the charac. v
Oh maj arOlter, between the II
Alttd H'attS ana individual States, a
10 he aScllbed To the Supreme Il
)urt' lie begins by conceding the a
ordinate character Of tue three d
partmcHts OF the government W
e legislative, executive, and judi II
L. inns he says, necessarily leads is
Inc conclusion that each must j
!ge for ltaciI. an the exercise Of its IN
u JNnCttoRS, and by its own inter W
station OF the Constitution, whether
acts are Iii conformity with the
II OF the Constitution. But it
rs not follow from this that there .,
no unal arhlteT, or that, in the ";