The New York herald., 1867-05-04

ubUn WHICH TWO Three Pf0sIdeOtiaI
questions turned; but the Court inquired into and de-
,ded upon the question OF it's consttutonaity There
be wished TO notice suggestion Of the Attorney General
,f the United States had spoken OF as private corpo
ration. The Court decided that II was public corpo
atio1 ana that y was only constitutional fiscal
AGENT OF the government The Court affirmed the power
'f the federal government to establish such fiscal
agency aud the right TO preserve it from hostile state
he question Of tariff There the Attorney General
ood upon the same platform with the nufers OF 1929
!. ne tune the duties were not paid in casb but
md General jackson and the entire Union party called
lpon south Carolina who had declared the tariff law to
% unconstitutional, TO bring that question before the
Supreme Court Her answer was the identical postion
now assumed-that the power TO pass tariff bill a
political question, into which the judicial tribunals
could not inquire; and that little party made frantic
efforts 70 secure the repeal Of the weuiyafth section
OF the Judiciary act OF 1889, which gave the right
court Of State in cases involving the constuonaity
OF the laws treaties and constitution Of the United
states. SO In the Milligan case. decided at
the present term, the question poti.
cal one, growing out Of the existence Of
the rebellion; and yet every member Of the court
crcsed Jurisdiction. The oath also presented
both the majority and minority opinions admitted the
Jurisdiction OF tie court The Dissenting opinion 10 the
Miligan case admitted that martial law could not be
proca med In time Of peace and held that the court
could inquire whether peace existed or not DO Con.
rebellion exists. In Of their latest acts they
speak OF 'the States lately In rebellion" In the So
called demonstrations acts they use the constitutional
Li'snomer rebel States, as II State could De
a traitor aud tried and convicted before the
court The ground on which these acts were
passed was, not that any rebellion existed but
because, alleged, there lawful government
In these states adequate to the protection Of life liberty
and property Upon the same basis similar law might
be passed with regard to Maryland Connecticut and
indeed, every State OF the Union. This was moro
assumption and in violation Of established facts But
the Attorney General had specially insisted that the
court could take jurisdiction OF this because
ti'ie to land and money question was involved. In
to this attention was called to the fact that the
ball referred 10 the ordinance OF 1857 the compact with
Georgia OF 1902, the original constitution Of Mississippi
Of 1917, and the act OF admission under which vast
grants OF public land were made to that Stato-snd II
was secured perpetual right as State. not as
territory or provinca-to have per cent OF the
wSos had q 5 the paoI S.on lands her s
also granted school selections in every township and
lands for the seat Of government That however was
matters involving land money not the reason
which induced the trainers or the consultation TO give
should be party That jurisdiction gvanted to secure
peace and har,nony-peace abroad harmony between
the States nj homenot TO mere questions OF title TO
tract vi land or sum OF money hut Es TO all the great
questions which involve the constitutionality OF law OF
Congress- the construction of the constitution, or the
interprc alton of treaties II the States did not create
this ibuua as the ultimate arbter or such questions
II was created in vain and the Satss were
left without remedy, and there was never more
powerful argument in favor of secession and
revolution. great argument against secession
hsd always been thst the constitution had crested an
and pronounce Judgment for against them. When
the people o tho several States formed and ratified tho
themselves and granted certain powers the general
governments Among the rights reserved 10 each State
Nas tue right tn into this court and ask It's decison
the ultimate arter in all cases involving the construc
ton Of the cohsuton laws and treaties OF the United
states. The doctrine sanctioned bv the Wheeling
Bridge case although the Attorney General had referred
10 mo case showing that the Jurisdiction
sustained because of the proprietory interest Of Penn
swvana 10 certain canals and railroads II was true
dn hutt hora nj
technical pont hut that decision sustained the doctrine
that when State into this court suitor she
had the rights, all individuals would have, to
medal process The case OF the controversy between
the States Of Rhode Island aad Massachusetts,
fectly decisive on the question Of Jurisdiction. That
case did not involve the title to Of land.
dollar OF money, did the constitution ssy word
about boundary In giving jurisdiction be-
tween Staes That case OF disputed sovereignty
and jurisdiction over five thousand people, and the
court ea'ertained jurisdiction and pronounced def
W. Dodge Ts,h Horard AZ" which ouah, o0'Sss 10 Ss
bound with the constitution, reviewed the whole
subject, and showed conclusively that this
court was tho ultimate arbiter In all arising under
tha United States constitution laws treaties In the
case Of corporations aud franchises Of equity
iuerered 10 protect the franchise ITSELF to prevent the
participation Of persons who, under the charter,
mot entitled to participate In the of the
nr~a a no, TINS power apply 70 puoc y as wen as
Of Osborne great public corporation, the Bank Of
the United states and has been applied in the of
city corporatons county corporations and other public
corporations admitted In the decisions 10 he exercising
portion OF political power 10 bo logislsng TO tax tho
citizen to take his property from him by public
condemnation under the right Of eminent domain.
This power exercised TO protect the ncorporal
right Of franchise That question arose n the celebrated
Dartmouth College case, where the original charter
vested the power OF the corporation IN
tam officers and net Of the Legislature Of New Hamp
the exercise OF power under the charter
from thosa who entitled 70 exercise by It's provi-
n = y
In favor of the power 70 protect the franchise though
the persons claiming the exercise Of the power
the court in its decision in 4th Wheaton, sus-
tanned hs doctrinc and In the decision the
corporate was founded on the same basis as the right
Of voting In public elections, and 1t was said TO DO a
sacred rieht and win bc protected BY the courts The
main ground which ushered In the American revolution
was the taking away OF our charters, but IN the
most arbitrary times they scarcely ventured to take
chusetts and other colonies 70 contest the validity OF
their charters the question Of forfeiture or nonfor
feiture before the judicial tribunals Of England whcro
u was rcanrdrd ns judicial question The right 10 vote
In privae corporation sacred right be pro-
tcctcd by the judicial ibnnas and the right to vote In
ing vas, political rowers, was sacred right which
tho corrts wo NJ prntcc and vet he be- told the
rsnt OF an Anne lean citizen sacred under the constitu
tion-a right without which liberty shadow and
self government pageant right secured By the first
article OF the constitution to be frttercd away ~
The right Of Suffrage who shoud for members Of
Congress and Presidential electors was one OF the great
o,pu'ed and Smcs, questions M presented 70 the con-
much deliberston and grcas diversity Of opinion mot
being abe 70 agree upon any one uniform
tho principle that each Slate should decide for
telf who should have the right vote for members OF
the popular branch Of the State Legislature and that
whoever werc thus permitted by the State constitutions
TO vote for members Of the popular branch OF the STATE
Legislature should BE- the persons who should be en-
trusted With the power of votirg for members of Con-
essss ana electors of PRESIDENT and in fact with the
carrying on and administration OF this government
These are the men who carry the government
through every department Even the Supreme Court
represents them, and carries into eject the powers given
by them The principle was incorporated into the
stssuen by the unanimous OF Shrtysix States for
all the satss admitted since the construction formed
ssseussd 70 H. and whom this right consti-
tuseo tho very vital essence and being Of
the States was he 70 bs told that bis power Of each
Seaae 70 decide VINO shall adminisser is affairs may be
taken away BY act Of Congress- without any power on
she pars of The court 70 sterfses Is mot shas STATE
ngnt or are there no ate nghtss Are sthey oblissr
aisdS Have he stas dnppeared before he powerful
e9agsacs Of the rsne central and aided out Of the
nrmamensf Are there any States siiI lsns Have they
any rgbns what those rights aud how sre they 20