The New York herald., 1867-05-04


arguments had oeen presented to the people, and
therefore worthy Of Aoce This involved the power
to enpe states from vac Union .la aes ,nyalva
much larger powers-the power TO declare .nas
they were not. within the territorial limits
Of the repubC This the doctrine OF the secession
lists OF tho south, who in great numbers advo.
eating the enforcement Of this law. The doctrine nad
been emphatcaly decided against by this court IN sne
prize CASES decided the December 1s62 term IN |
which h was held that Congress had no power 20 ae.
clare Ar against state and the contest for the
Suppression OF the rebellion was waged pursuance OF
0; Congress OF 1795 and 1907 II was not war
at all, in the true constitutional sense oi 'ne ssr%,
the constitutional OF tho erm only arose wnen
Congress declared war. Congress had no power
exsr,on OF force against the rebels in arms
was merely the suppression o. rebellion under the
Statutes. rhe term conquest and conquered terroiy |
could only apply in where thare war in tho
true and constitutional In this case
Of the rights Of conquest followed. The Southern
people were nov conquered people. Those Of them |
who participated in the rebellion subtned insur-
gents The states s States, for II Congress could
make war upon Stale II could not conquer III anu
il could do neither II could not expe State from the
Union. was said in the Millgan case that during
war; laws OF war prevail ana during peace the laws
OF peace prevail and that All the consequences OF war
disappear where there is peace Is there not peace nowf
Has Congress venred 70 declare that there ia war; Tor
egn or civil, existngs Has it attempted to preclude
Judicial inquiry into that great fact by asserting thai the
rebellion is still progressing? Not ALL II SIMPLY SAYS
that there lawful government in these States be-
cause their people conquered people, and the
rights OF Congress including conlscatsen, follow
necessary consequence Congress, having asserted
thai the rebellion still exists the facts Of the case must
be looked into. The President, under the authority
gwen him by the of 1895 and 1897 and by laws
passed during the rebellion has declared that peace pre-
walks throughout the Union. That c.fcia document
proclaimed by President, the Comm OF
the Army and Navy, be regarded by the Court
For years there had not been solitary act oil war;
threat OF war; throughout the Union. The armies
arrAyed against The Union have been dis
banded, tho banncr OF the Union floats
| absolute, unanimous submisslon- The people of
State have reorsanized State governments In obe-
| ,ves to both houses Of Congress- There is
pretence declaring the procamaions of the President
hayo been nulties or thai there is now or has be
years, in any Of the States nj the Union There
peace there profound peace, there ia absolute
peace than there was before since this government
1 was founded. We nave no Shay's rebellion; we have
\ no whiskey insurrectons not the s.ill
formidable 0lmstcd which ragged in Pennsylvania
from 1908 S09-not rebellion OF small bodies of
or counties but state rebellion, lar q State
rebel headed the Governor and the Legislature OF the
State believe by unanimous vote which the State
troops were arshaed TO enforce State decree AGAINST
judicial decree OF tho courts OF the Union. and which
Threatened direct collision THAT was the very rebellion
which led passage Of the of 1907 That great
aud good who then at the head Of tho nation,
| who great phanthropst, who loved the whole
human race and who. like all great men, committed
some errors, but like most great (as OF the
greatest said of Lord Mansdeld great enough
acknowledge them lie recalled by his during that
period word that he had sad before In favor o the
supposed right OF state nullify secede Jefferson
found that under the act o. 1885, which merely author
lied the calling militia to execute the laws Of
the Union and TO suppress insurrecton, the militia
against hIn and he CongTo
ing the passage of the act of 1907 which for the first
time, in addition 10 the militia authorized the of
the army and navy Of the United states, and il was
through that instrumentaliLy and by of
the marshaling Sheriff that collision prevented
Although that great State then committed that folly,
It has been redeemed since py Ten thousand vir-
tuoas and patriotic deeds But the Legislature OF
Pennsylvania then took substantially the
ground in respects, south Carolina since
done. and declared that fnls trionnai could be
trusted decision OF these great political qnes-
tons and called uror her sister States by an amend
m a fO nul
composed OF representatives rom the States, whom
great judcal Questions uovinr political consea
should bo referred Virginia. acting in obedience the
known views of Jefferson and Madison, passed resolu
tons, in 1910. 20 the resolutions of Penn
h that respect, and declaring that the Supreme
Court the arbter Of all constitutional
not and tribunal safe that could be
ganzed this government and every State except
Pennsylvania went with Virginia on that occasion.
The bin OF complaint in this case was fled by the State
OF Mississippi TO vindcate her rights under the consttu
iion In addition TO her rights under the constitution
she came INTO the Union under compact between the
United States and Georgia. which compact affirmed and
extended 70 Mississippi all the privileges Of the ord
nance OF 1887 securing 10 her forever the right OF trial
by jury and all the other great rights guaranteed in
tho constitution and making TO her certain grants OF
declared to be a fundamental law, aud
a compac. unaerable without OF both par
binding force OF the ordinance 1857 merely law
but fundamental compact between the government
OF the United States and the people OF the
mi.ted the Union under that compact The compact
OF itself conclusive argument against the pretend
cd right OF secession II II was a binding compsct
having all the force and power Of treaty under the
constitution, bv what power aud authority could IL
be dsregarded and yet each and every one Of its
visions swept away by the act Of Congress just
enectuanv that act had contained a clause In
many words repeating the ordinance Of 1857 Under the
treaty with SPAN OF l7y5 the United States claimed
Matches and Mississippi a portion Of the Spanish ter
rory accepted from the Spanish forces
Territorial government In 1902 Congress- accepted
cult claim from Georgia to that territory but never
xnowedsod M ,ne title q Georgia 20 H. But IN me great
Congress, exercising It's political power, had decided in
lbs that Mississippi part Of the territory ceded BY
Spain and upon the basis Of that opinion had organized
and kept in operation for several years Territorial
government. against the protest Of Georgia this Court
decided unanimously with single dissent Of Justice
johnson the point Of jurisdiction that IN l7s5
whole territory north Of the thiryfrst parallel was
United States had no lille 20 Il until Gorais ceded n IN
1s02 As regards the three lower counties Of Mississippi
the Court has decided that that portion Of Alabama and
wnhn The Louisiana treaty, and that ~ Inhabitants
were entitled 10 ali the rights and privileges
were clearly infriugsd by this hsislaiion
II embraced not only that portion Of hissssppi norn
protected tee by the compac Of iisS ana issa but so
embraced the three lower counties upon me Gulf Of
Ms,co sy sos treaty ason e.
The Of the Cherokee nation the etate Of Geor
giA 10Th Peten) The Court thers held that the
the consssusIon vas mo no. ssss thss could sue in the
courts Of the United s,siss and thsrsfcA ths. the
. proper party 70 the bill An beyond thai
Was o6St1 dsaam. But whas va that case
cso % but S s aS' % r:sss. rs 3. ss = ssss n
corporate capacity from the execution Of m lava and
time whom the stase wns actually executing them
eminent Of the United aess, % rstrAn u = eovsrn-
ment from executng ths laus U question there might
nate onnciala careful dsolsson 10 naxbuv vA Mad-
son would show thas ssch bin was sussainable
word In conc1ueiou. - 70 the irreparAble In.
Jury thss viii b dons n this Coun doss mot
Interfere. No r.ss hsrsA and he believed 10 one
could ries spd dofoad n hn soul and conscience
he cossusionaliy Of thsss laws but although their
oonsssusienalisy M ub!antisly conceded the question
u 70 b svedsdbe used n the Ame Pckwickian ssnSe
fIsd = ocAndaious The Court asked 70 shrink from
The defence q shs ooassisution; 70 ny from the bat
tIem ents which you sworn 70 defend; abandon
she conastuon q q lAas oilade 70 shut