The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-07

invented or written comes within the clear dsscrip-
ton Of properly But aans that court q equity
letter which was not Intended TO be literary COM
position but was about to b published 70 the great
y make SdS: .oms ssoE family
lead 10 torture the part Of that family II the thing
70 spjon the publication Of such letter but every
Chancellor who has exercised that jurisdiction has
ups. the footing that 81. shs very paper upon which
publication: admit that IL difcut 10 see the pro-
upon what footing the jurisdiction OF relief was given
and every Chancellor who has given such relief has
property and nothing elss that he granted the relief
With these views let 10 look . the rights set up In these
o mhS sets them ssa s y they me- Let Ss
witch az ssss ss e. ssss:
alleged that Il Is State, that political body kAown
g state that i has political rights as State. What
nnnsss That = has citizens under is care and guar
aiansnp VINO also have political nghta II then says
there l. danger that these rights are 70 be invaded un.
der certain acts Of Congre the pupor Of which Is TO
body and 70 override certain sacred political rights OF It's
ctizena was amused q one part or the bill IN the case
laws s ss ana @ =. have on
Two States here q compainants We do mot know tina
the other eight States object to these lava They 70
have the same operation over these eight States that
they have with regard 20 these two For anything
know these States Political bodies and their citizens
70
stop the execution & these laws but FOR aught we know
they may desire TO have them carried into execution.
we nave no .no~sds q that upon which We can sSs
drew up the Msssppi bill saw mat here was mischief
common 70 MISSISSIPPI and % nine other States. They
the necessity n rule 70 mako al then Interested Ia
the subject matter parties to She case either BY bringing
them upon the record or by having them represented
est the genlem say that the State Of Mississippi files
the BILL not only on its own account but in behalf Of
these nine other States and Jsss Representatives, one
Mr. SaARxEY-I wish 70 state to the gentleman that
the amended bill does not contain that clause.
have made he bill little better than II was at flrs
Now beg 70 suggest other matters in which the
CASE. Cerlainiv ne gentlemen had gone wrong there
The State q Gee ia though does not seek 70 repre-
sent other States assumes g represent is own citizens
The jus rrese10tionis 10 there too They admit that
the Stats 81 Georgia represent tho other States
but they gay that the State OF Georgia cannot only
in the Sae, as corporaso and therefore, il IL that
the Stae Of Georgia comes here not only 70 defend s
own h IS political entity lily, but s the right: z n
We know that the State Of Georgia y the payens
p1tte Of all the citizens Of Georgia Where cor
kss but seeks to represent Others he must show the
Curt very clearly that what he asks for the benefit Of
~ that they appear for tho citizens OF Georgia Mis-
ssppi and 70 protect their rights Do they know how
sc nos portion q the viii moi do seS he
pa.ss pasc y IKE the pase, tamta. he must take
care OF all bis childfen-not OF one only. How do we
know that a the citizens Of Georgia admit that they are
this bill that win be benefit to themi the gentlemen
' PORTION Of 0p sss%, es Ss
CINE u would be great benefit 70 many Of them
but whore State in its pare.s par9 power comes 70
represent ~ citizens as citizens must represent them
ana r zee one Ct = the o.
touching their political nehssS Il IL nom easss with
pclxton IN the csc Of private corporation, which
: property corporation, - individual memben have
body, and represents every one Of il shasskOdsrs
and corpoSaore IN any suit that IL may BRING bat sub
jec 70 this qualification that whereas u may Be- doing
holders the right s reciprocal The private corporation
says 10 the shaIshossh y win represent you and sue
thing that i for my benefit II you do NOT viii sue
Tor whose bens6t ali this Is 70 be done There is then
undoubtedly z right Of representation but along
cs cue % the Ssnsacssy he corpo.asos shall have
the same power Of representing his own gets and re-
presenting them By suit n court Of Justice against
stats can sue for the political rights o. lis etzsn and
Their rsS ana 90 not wish % Be involved { ssy such
conircveIy g The State wa9ng bat on the contrary
and Instead Of doing them benent about TO 90 them
mischief the citizens OF the state thon State
q III.
them say the gentlemen bit cannot be sued BY them
VI course In that respect s mot u oil hike the right Of
representation given 20 priya: corporation because
for the ecstsi f and the right OF the c,fqR
rs 10 sue the corporation and 70 protect himself against
the benefit OF his right That often happens az where
corporation having the fund In tho Of
It's discretion in the Judgment Of the parties who control
IT, the managing element diverts that fund into new
enterprise. WHAT Is the consequence instantly q
rgh. Of action by the shareholder for himself and re-
Ufiuof he ara n urnpr In n
made partes 10 call by suit that corporate trustee 10
account IN court Of equity.
for . moment 70 the night SGT up in this case.
and TO the relief that 10 asked by these States
ia political right in which, In the first place. Il repre-
SCENTS ITSELF The night TO have Its corporue existence
the nsht 70 maintain is CORPORATE existence that y
right as that ba asserted In court OF equity not
always, for ordinarily court Of equity does mot SIT 10
those questions that arise In matters OF corporations
No lI be filed In this strip corporation Of
Its franchise That does not belong 70 equitable relief
and the party who seeks 10 remtted 70 court Of law
But do admit that court OF equity docs possess the
power 10 protect the franchise OF q corporation
asr Rers w have which happens 10 y
public and political one, and II has franchises
most important franchises, undoubtedly and il b 70
protect these franchises IN analogy to the common cases
Of private corporations that come into court Of
equity seeking that protection and beyond that peo
pie have franchises Some Of our citizens have fran
chises valuable political rights, the right 70
vote and therefore We the STATE ~ pdres pdfa car
only ourselves As state, our people
a ctlzens ask the Court TO protect our rights and their
rights This 10 the ground on which your interposuon
is sought IL evident that u s political rights which
here sought TO b protected IN court Of equity
the right Of State remain State, the right Of .
state 70 protect itself against an injury threaienednot
70 Ice property 20 lie existence State that does
destroy les lands, but destroys itself as corpora
ton and puts end 70 is organization That one Of
the rights up and Of the mischefs sought 70 be
guarded against What furiherf The State comes In
mot only 70 protect its own organization but M have
said project the political rights Of ts citixensthcir
right 10 vote and exclude from voting those who have
not that night by the State laws TO protect the rights
a some and TO deny any nights being given 70 othcr
That 10 the Of this Now where in the history
OF Law and equity, In ali the books, English and Ameri
can can honors find . parallel 70 such casc as
thatf have one, that began 70 look
Ike IT, or that had any analogy whatever TO " u there
any property In ~ No idea OF property at ALL all
political rights OF public corporation that are thrrnt
eucd and political rights Of citizens OF that corporation
that arc threatened and 10 70 establish and vndicae
and protect these rights that the gentlemen bring their
case here and bring here 70 your Honors on the equity
side OF the Court Now agree that there ~ great
question agree that our political elements. are all In