The New York herald., 1867-04-27
NEW YORK HERALD SATURDAY APRIL 27 lse7-rRlPLE SHEET

standing alone were altogether and purely auxiliary
as unmportant and insignificant in themselves 80 that
the court might order the injunction in general terms
and, II there was technical difficulty in that respect
as would be improper to deal in that manner with
those acts then me particular things proposed 70 be
dsne. and nom which the evil was TO ensue, were
the prayer that the grant both or one of these In
junctions II the counsel may have participated in
framing this bill have been wise In acson counsel
~ they have been accurate In their mere composition as
attorneys or pleaders in the judgment Of this court We
shall certainly escape pretty eectually from the weight
disayowl by the learned Attorney General OF any sym.
paihes with those acts, with their aim motive or
method, must have much effect TO disarm any observa
tons that 1t might be proper for otherwise 70 make
by way OF exposing 70 the tenor Of these
acts and the objects that they have in vsw looking 10
the general nature OF that object But the great point
and what be called the drsi point in his argument
In that looking 70 the frame OF this bill and it, Objects
there Y no evil pointed out and there m. Y !.
within the ordinary cognixancs Of . court
Of equity II is said that all suffer no injury, be-
and nothing can happen under these acts OF mis-.
onevous character except those things which here
after to ensue. q ALL under the action Of Congress
framed and government formed under it. Now, l
humDly submt that the learned gentleman has not
stated with precision the effect and operation Of these
acts. They do provide for something uerior and be-
yond tho holding OF convention and the creation of
State sovsrnmen with it's regular Legislature under the
same. They do mako provision for report Of
these facts 70 the President and to Congress.
and for the admission Of representatives from
Of Congress, and that we do not seek TO
enjon. But It 10 mistake to say that the acts pro-
duced no effect until this new State Is thus admitted
through its representatives TO the balls OF Congress-
That Ii reward promise held out provided the State
government and its Legislature shall exist under q
OF all such action a. this these acts establish military
government which the learned counsel says IS in some
sense discretionary so far as It's exercise against ndivd
uals is concerned But authorizes and Directs 1t
mands the holding of election and the holding Of
convention In the electors vote for it, and the
establishment of new State government And the
first act further declares until these States shall
thus admitted into Congress any civil government that
may exist therein shall be deemed provisional only and
provides that in all elections TO any Office under such
provisional governments all persons shall DO entitled to
vote and others, who entitled TO vote under
the fifth section OF that act and these persons are the
enrolled and registered voters admitted by the act and
voting at elections held not by the State officers but
under the direction of the commanding general and by
officers appointed by him. The effect s restrain
the holding OF any election within the State for any
officers Of the present State by any Of the
State authorites directing all future elections in the
State to be held under the direction and by officers
appointed by the military commander and directing that
ali persons OF certain classes described shall be the
electors permitted to vote at such election s there
FORE in the language Of our bill, an immediate paralyz
ing Of al the authority and power Of the state govern
ment by military force-that s plainly setting aside the
present State government and depriving it OF the
necessary means Of continuing It's existence II Is
substituting IN its place new government either pro
tuition and to be elected by new and independent class
Of electors What is the effect Of this upon the State
government and upon the State now exstings The
enec. is precisely the IT. in the Of private
corporation which could only keep up its existence by
regular periodical elections by It's stockholders the
persons having interest in It, the owners Of Its fran
chse and the right pepetuate it, they were forbidden
to vote, deprived Of the right or large number Of
mass Of persons having no right Whatever
were introduced - for instance, tho inhabitants
OF the various towns through which company runs its
railroad This is direct attack upon the constitution
OF the corporation In the case supposed; direct at
tack upon the constitution aud fundamental law OF the
State in the case before your Honors In the before
your Honors Il may be OF importance that 1t should he
understood at the outset what we mean BY State We
claim that state consists at all times OF the persons In
whom reposes the ultimate sovereignty or dominion,
whichever may be gwen to IT, the sole power OF
government within that state; in other words, each
Of the whole body OF electors those who by the etab
l4hed fundamental law OF the State, have IN them the
erssre power OF government Al, other persons are
titled to the advantages OF the government,
and bestowing those advantages s duty
devolving upon those who possess tho political
power But the political power and the
State, In political judicial sense, recognized
N courts Of justice q body poitc In which capacity
alone n may appear and act, composed Of what Is
sometimes called the great body OF the people, but
which. TO be definite and for the present purpose will
designate the electoral body those who vote for the
Legislature the fountain Of all laws existing In the
state The State Of Georgia stands before
this court as being State its political capacity. and
g capable Of judicial recognition composed exclusively
from s very beginning TO the present time, and under
it, constitution Of 1885, ofwhi,e male citizens above the
arc OF twenty. who have performed the ord.
nary duties enoined by the State In contributing 70 the
burdens OF the State the manner provided
BY law, far as they have had an opportunity Of doing
o. There in that State according 70 the censuses
which have been taken. population composed Of
persons who never had those qualities, who not
embers OF the state nearly equal the white popuaiion
and the question before this court OF course In whether
they can believe what u asserted IN this complaint
that II the door Ia opened TO these persons they will
exercise tho privilege OF sezng upon the government.
graspng political power and constituting new and
different altogether from that which has heretofore
existed and wipe out OF existence the Georgia of l776
and the Georgia Of to-day with all Of her corporate
rights and franchises as body politics That rs the
question Whether that ID not an evil In law which can
be perceived and appreciated by the Court deprivation
OF right vested In that State In respect TO which the
NIT with confidence TO the intelligence Of those who hear
me- assume, then, upon the strength OF the anth0r-
tics and tho argument which your honors will lind upon
the Beth and following pages Of brief that Georgia
Is in the attitude Of body polite consisting OF the per-
sons whom REFER and that II these persons are de-
prived OF the privilege OF continuing their government
and new mass are introduced and large portion OF
the excluded what would be regarded IN the case
any other corporation a. the extinction OF the existing
corporate body the Substitution In It's stead Of another
IN 20 be effected by these acts and n an evil OF
which any small corporation would have right
10 complan TO some tribunal least and In respect
which We claim thai \ state Of this Union may claim
protection somewhere In order TO show that the state OF
Georgia occupies In juridca consideration the attitude OF
body polite and corporate. that she may into
court Of justice and claim 70 protect her rights, II the
machinery Of the court adequate to that purpose
refer 10 what said BY Judge wilson IN Chisholm vs.
the state Of Georgia I'D Dallas 455 The same idea
OF there expressed is repeated BY Judge Bronson
IN Illinois Va Delahed I'D Hill, 1927 This being the
state OF Georgia. aud this change being that would
thus totally alter the constituent body and virtually set
aside the present state and introduce one, Is II
within the ordinary Of judicial court and court
or equity by equity process, 20 preserve and defend
right Of that description Nothing be clearer than
this II 10 settled jurisdiction Of equity to restrain by
injunction any attempt 10 subvert corporaon 70 direct
It's property TO other 70 violate its charter An
Illustration Is 70 bo found in the case Of Ward Va tho
Society Of Attorneys Coilyers New Cases In Chancery
37g where essentially the precise evil 10 Its judicial
Character OF which We complain here, was attempted
contrary TO the charter Of the society was society
framed for the purpose OF improving and educating the
class OF attorneys and those Who studying for the
profession II was proposed 70 admit into the benefits
and privileges OF the society the community at large
II might bs said 10 be extending the advantages 20
greater number which is the quality that gives all
the merit this proceeding that DO claimed for IT.
The court then laid down the doctrine that not only Is
corporation entitled to preserve lie existence, bat Is
entitled either by itself or any Of its members
70 como into court OF equity and there
70 claim by tho process Of injunction 70 protect IL
self against acts that would prevent u from preserving
It's constitution and continuing It's existence Shall We
be told that Of equity, having Jurisdiction be-
tween the parties the pstess corporation In Britain or
in this country cannot come before tho courts by s bill