New-York tribune., 1867-04-27
NEW-YORK, SATURDAY, APRIL 81, 1867.


fcers nd these powers are going to invade any rights,
thry are the rights OF other officers legally executing
T~ed "inst Am officer ecctedi Take the ease Of
officer Illegally elected vt illegal eecton-beinE 80
elected he has right TO ntrude upon the legal 0iier
lint ~ that a ease for Court Of Equityf l never
drenJned of IT, It is for gao trdrduo. But these
These Iaw compel no man in Georgia. black or white,
to hc registered The bill alleged mat these laws
noca rights and interfere in it's domestic affairs Ia
parhcnlar committed TO Congress especially, as TO
hill alleged that tie President, although he vetoed these
acts cndeavOred to prevent their PASSAGE considers
il his duty to them, and hence becomes part
Of hc functions of the Secretary OF War and of the Com
mading General TO receive orders from the President
cute these laws Ii rs alleged that Mr. Stanton and Gen.
gave in speeches that they intend 70 issue ana
transmit such orders the President shall give them III
is further alleged that the President has appointed ad
designated for the District in which Georgia coPrseu
n military Commander, Gen. Pope citizen OF ILLINOIS,,
who gives It out III speeches. ana threatens 10
these laws, and will execute unless restrained py ho
provision ia regard TO suffrage must DC lheItcu III c
Constitution or t will not be recognzed py o @
tive Department II the Constitution cannot a. agree .Urd pd
make a Constitution containing the stipulation providen
t0r S ~ II the paope ratfy it, il viii be because
they like it, 1t is left to them to do it or not. @
Constitution to the President, and by him Il
IL TO be sent Congress, and then Congress is To act
These things all lie in the unknown and unascerained
within the power OF the military commander but Dryonu
may happen things may not happen just according to
the temper and position of the people whoa to act
AS yet is wise to INTO that future
aud know what in to happen, whether the misclets
that these gentlemen see In the distance are ever gong
take bodily shape AS yet the case II Ike dream OF te
poet il has nothing Of local habltailo, nothng 0,
substance in it and yet II is SAID To be case Tor Cou
of Equity The Court does not st for the purpose oi
deciding questions, uncertain questions, contingent
questions, that may be carried out IN one way oH OF
another way. Courts dt Tor things practical,
for rights aseertalnod for injuries eonlmhtsd
70 things IN share IN saosIaHfs, na ,s:rc tns0 nsi s
practical threat to rure that thing before tue pre'e
tive power of Court OF Equity can be invoked now say
my learned friends that their whole ease Is an uncertain
contingent They say there IL mischief III tne iut',
This point was illustrated by reference 10 cases
of contingent interest, AMI possiDts Wich haye b'h
tive relief II the Court pleases have perhaps spent
time enough on these points, ana now come 20 inc last
point which is that we have here nothing Dut pont
ical Now suppose the m!scieis Nhlcht thcy y WI
be cOnsummaed, are consumniated suppose that "hat
contingent become actual and past and Constuon IA
framed under these aws and IL accepted and ratified by
gYa and then an appeal is made TO your
houors prevent bat 10 restore TO keep to preserve
state Government OF Georgia. What sort Of question
would your honors then encounter Just TIE same that
cIscly Constitution formed by the people 81
State under the authority OF these acts and an od,r
authority, they altFe. These two tovercignues az
enter into contest for supremacy Is that sort Of
Equity In the first place they VIII not stop TO come 70
GeaTt Of EQUITY ,he{ T 'G D dns s' bSs y hight % TO
resist any usupcd Government that priends to be the
State. II that usarped Government brings gg,,t ~ ~
Is It's remedyi TO come TO Court Of
of the hostile force 10 say the Commanding General
"IOu shall stop your march: We hod that lou are not
the rgtful Goyefnmcnt: this other S." Tho Constitu
tion contemplate exactly that state Of thing. u
the existing State Government, which these gentle
men represent is the legal state It viii remain the
legal state notwithstanding these laws. H. a. they
say these laws unconstitutional ana Noid, 20 Au'
thorty given under them prejudice the state
Is there no remedyi n the Constitution supported
by armed force greater than the present Goyerment
Coarti No but Congress and the President the roi ai
power. They arc thcre precisely w tht situation
tion, n lawful State. wared upon by an unlaw.
ful. unauthorized body, claiming to be STATE
using force agaiyst force, that the nrhiihi state
cannot overcome Then case for political inter
ference Then Congress aud The President must decide
which ~ these two y the ghiu! siatc ana wheh tny
decide H. II j. decided Tot your onors ana ior AL Tor
that ~ the only tribunal that can decide IT, nlauon.
made from the ease Of Ne~-l ofk agt tohhct'ut
"a Dallas a.. and Rhode Island agt Massachusetts, ~.
Peter GS to hoT that ,se sHss SSt neds of
boundary, because right 10 land was IN dispute Inc
fact that political consequences were involved "hs
mere incident The case 0i the ChtI"see & Sdt9h hsi.
Georgia Peters, lH WAS an attempt by te CheIoke,sh
separate Nation prevent the execution OF certain laws
ofGeorsa violating their rights. treaty butthe
Court declined ia interfere IN this way Ia thc case oi
had bcen Sustained 10 prevent the collection Of
tax on the shares Of the Bank; but that was
private corporation, and the remedy applied was
the only one 10 reach the ease, so that there was
no parallel between that Instance ahd INC eset one
OF her political character but because e was the
owner Of canals and railroads terminating az lltsbrgh,
costing her Treasury many millions Which, II held.
would De irroparaby injured by the bridge Have the
ground upo which anything like judicial cognzance
be founded by any power Of this Court The great stub
fr" one end to the other cannot he settled by the nd
Inent OF this Court. II win finally be settled and hope
FORUM TO another tribunal than thisforgct that ann
lawyer, and argue IL altogether as a citizen.
Mr.. oCoSoR-May II please the Court. the learned
Attorney General has not failed 10 suggest every oec
ton Of the most minor description which could be- urged
against the bill filed in behalf Of the state OF Georgia.
lie has observed that considering the grave lawyers
gagged in the 1t is rather singular that the bill does
not contain prayer that the defendants
The bill commences with the statement that IL IL filed by
the state Of Georgia against these three defendants and
complains Of them. aud concludes with the common or
binary prayer Tor subpoena hswe nS preliminary wrt
Injunction directed 10 these parties. commanding them
be and appear, and 10 stand TO- obey. abide. and
such order and decree IN the premises 10
Honors shall and shall be agreeable To equity.
II is not unusual in this common form TO insert hhd an
sWer the premises" but that IL the meres form, and
when suggested by the Attorney General 1t appeared to
be suggested with some sense that was unworthy OF
him and Of the II IL he form at all u can be readily
long motion to dismiss the suit for want OF Jurisdic
that this bill in praying FOR this Injunction has
sought to enjOln in general terms BY the pre-.
might resCrted for the purpose executing these
acts OF Congress which he has called laws but which
overlooked the circumstances in this minute inyest
cation OF the mere attorneyshp OF this complaint and
that two d stinct preliminary munctOns prayed for
one IN general terms. forbiddng anything TO be done
toward the execution of these acts the other specially
selecting the particular acts whence the mischief sought
to he prevented must draw its life and origin aud
stopping. correct certainly, when II has des
gnaed these particular acts and making effort to
Join prevent uteror subsequent acts by nigh de
partments OF the Government whose action Is entirely
beyond the Jurisdiction OF this Court II viii be
that the idea OF the pleadeF that II this Court would
see that these acts were iu their whole length and
breadth every single thing directed To
be done under them void and unconstitutional.
some minor details which might OF themselves be valid
II standing alone were altogether and surely auxiliary