American citizen. [volume] (Canton, Miss.) 1864-1890, 1867-05-11
Fom thu y Yo.k Word April 2l)
Chief Justice GSace's Dcoi7ion In The
mississippi Case.
To TIE EDircc o. TIM WORLD:

'Jihi"S SlS uutHtiOn "uSttleC, lneI
can be judicial remedy against tn
Military Reconstruction auta, t
make come observations upOn Ii
7. opinion of the Chiei.Jpseice rptnsin
: leave to file the Mississippi bill! whic
made the President Of the Unite
States a party3 know NOT whethe
g this opinion has the concurrence o
4 the great body of the profession
/ Throughout the country; but it seem
70 ne that those VINO have beer
bread in the school OF constitutions
= Interpretation that was founded b,
Madison, Hamilton, and jay, an'
+. continued by Marshall, Story. ant
, Kent, this decision will be far from
, satisfactory. One reason why it vii
y, be 30 is, Because it does not meej
the real question that lies at tao
bottom OF the whole subject of iuriS
: diCtion, in a case where State seek;
to restrain the execution Of an act OF
Congress which affects the rights OF
the State upon the gr0unu that the
, law is violation of the Constitution.
Every one must see that this topic
touches the interests OF every State
i'll the Union; that it concerns the
, Standing every State in that high
tribunal which il the only judicial
tribunal that 4 State can enter tor
the protection of its rights as d ineln-
Der of tho Union; and consequently
that Ifs true solution depends up0n
the great inquiry, what was the pur.
/ pose Tor Which the judicial power
was created and made the final
aTbitev OF constitutional contrOyer-
sizes. Il il certain, from all the his
tory Of the preparation Of Uonstitu.
ton ana from all the contemporary
opinion, that the judicial power Of
our gc"cInncnt was intended to EN-.
brace function that does not 0rdi.
narI.y belong TO that department in
other governments. As compared
with almost all other systems OF GOV.
ernment, ours may be said 10 be
anomalous i'll this one respect, name.
Is: that it embraces 4 ,judicature
which can arrest the operation OF a
Ia"' that has passed through all the
forms Of Legislation, by bringing its
validity to the tess Of conformity
With, q Trpugnanco 10, the supreme
law Of the Constitution. OF the
settled purpose Of the people Of the
United States to have such al inSti.
tuition III their government, no doubt
can be entertained and il il fact
which admits OF no controversy that
before this function Was conferred on
the Sup Count by those who
repaei the Constitution, the plan
was much considered # having q
Council Of Revision, 10 which all acts
VI Legislation should be submitted,
III order to have their constitutional
validity determined heiO they
should fai:c effect as laws. The ST.
preme Court was submitted for this
purpose in the place Of such caun.
Gil, with & difference in respect to the
7rdey ofacting upon the question OF
he constitutional validity Of the acts
. the other departments Of the gov. ,
.rameat; distinction which, it will |
PRESENTLY be seen, has been pointed 5
MT by Mr.. Madison IS sAowi Z that G
he judicial power can effect the fl
! erari0Ns Of the other coordinate |
Of the GOV eminent, I
'eoausc that power acts lat in the i
rd,r Of determination OF ccnstitu. +
iOnal questions. y
Ii What mode and under what cir. y
it is to act on such 4 Q
question, depends up0n the provi.
ions which the Constitution has $,
made for giving access to the judicial t,
ower to various parties who may be {
Interested in having it finally deter is
lined. One Of the first things that c
frlkeS u, when We open this part of CT
le Constitution, is that q State il Il,
,c0ghized az a party capable of ii
aeking a judicial remedy against ci
'izeNs Of other States; that the to
me judicial power eXten,'s 10 all in
10 which the United Oh
iatrs shall be q party; and tlat the u
npTeme court Is the forum 10 which il
STATE is to resort when it seeks te
d'c;aj remedy in any Of the eases 10
Which the Constitution makes if q il
lrtr. Another peculiarly of the rv
oHSiitution is, that it is Itself de. tic
ned to be he supreme Law Of the wi
nj, anu that the purpose of en-. ma
ling certain parties to resort 70 the DR.
dlrla! pow y Is to preserve this de
premacv Of tie Constitution in act
spec. 20 all their rights that are fac
verned by the Consultation. an
Now, 4 State may lave, aud Ger. dc,
hly has, rights under 'he ConStitu. ed,
ID Which indiN iiuals may under of
tc TO inl ade under the pretended the
thc:lty Of All net Of Congress. If nri
'sr individuals arc citizens ofoiher tiv
ttrs, the parties contemplated bv Coz
Constitution exists: and the fact act
II they are officers Of the United vol
'tes--high or low, executive or slit
IlNtcrial cannot effect the cues. in
q of jurisdiction unless il can be law
dc to appear that when the claims, the
'restS, or pTetenSiGnS of the act
tied States are asserted in the law
rg Of the alleged wrongful! arts. mu,
Constitution did not intend that the
judicial power sh0uld act at all. t.,
the contrary If this SEEMS ~ he OF {
Attest rom manv considerations. whe
he first place, If it be- said that law
DItpI stn+fs - ,.;,.,,y,yl',, 81. ,,,,..,- ,,,o.