New-York tribune., 1867-04-27


through its Representatives to the halls Of Congress That
is reward promise held out provided the state Coy
ermcnt and its Legislature shall exist under Consu
tiOn approved by Congress But, undoubtedly, OF all
such action as ths these acts establish u military gov
crnmet, which the learned counsel says IN some sense
discretionary 40 far a ts exercise against ndylduas
concerned But IL authorizes and directs, II comnlIls
the holding OF an election, and the holding Of eonNen
ton in the electors il and the establishment
Of new Slate Government And the first act inrinef
into Congress any civil government that may exist
therein shall be deemed provisional only and provides
Governments, ali persons shah bo entitled TO vote an
Others who entitled to vee under the 6t sec
ton OF that act and those persons the enrolled anu
registered voters admitted by the act and voting at eee
9as o the Se oS by Ses
pointed by him The effect Ia to restrain al once INC
OF the present State Governments by any OF the STATE
authorities directing all further elections IN ene @
pointed by the military commander, ana directing tnat
all persons OF certain classes described shall De tue
electors permitted to vote at such election IT'S mere
fore in the language Of bil an immediate paralyzng
of all the authority and Of the state Government
by military forces that ~ plainly sitting aside the prs
et State Government and depriyng II of the necessary
means OF continuing Its exstSnee or ote ~
wise, TO be created under new Consfinton ana 10 W.
what's the effect Of thus upon the State Government and
upon the state now exlstBgi The effect precisely INC
could only keep up exIstencc by regular periodical
elections by It's stockoldcIs, tho persons hAVlng an n
pcate it tey were forbidden vote, deprived Of the
right, large number OF them were deprived Of the
% ever wsrs Sa inTodGced For instance the inhabitants
Of the yarSgs towns through which @ company runs s
the corporation In the case supposed direet ATTACK
upOn the Constitution and fundamental law of the state
in the before your hou0rs In the ease before your
honors ~ may be Of Importance That It should De under
stood ~ the outset what we mean by state We calm
that state consists az all times OF the persons IN whom
repOses the ultimate sovereignty or dominion, whichever
mghf % may ot tc sS 10 % u. oer sr Words each STAT" Of this
Union, aud every Republican state consists OF the whole
law the state, have IN them the entire poweroi
government All other persons are nnder tle bIoee,Vn
Of the laws To be- sure and are entitled 20 ths auVahss
Of tho government, aud bestOwins those advantages
a daty deyoiyng upon those VINO poosess p id and
The STATE iu political, judicial sense recognized
in Courts Of Justice ~ n body polite III when caPS
alone it mas appear, and act as composed Ol "ha ~
somctirhes cal the great body of the people but which,
uSS o a. The Electoral VINO vote for the Legs
laiuTS as he fountain OF all laws existing ia the slae OF
CONT ~ being State In It's political capacity, and as
capable Of iud ia recognition, eomposed exclusively
constitution Of 1868, Ot white male citizens above me age
Of years who have performed the ordinary duties Gu
state Government la the manner provided ny LAW as i
~ they have bad az opportunity OF SO dohE inedv ao
in that according to the when nave Der
taken population composed Of persons WHO never u
thee luhlll's WHO are no, I'm, d ,Tc nveson beore
tis Court OF course is whether they eau believe WHAT
is asserted ln this complaint; that II the door is
opened 20 these persons they viii exercise
the privilege 81 selzng upon tI1 new and
different State altogether from that which has heretofore
yised and wine ont OF existence the Georgia Of 1916 and
the Georgia ot today with all OF her corporate rights ana
franchises as n body polite That - the question;
Whether that eyl in law which can be percclyd
vested in that state m respect which the State Is
entitled protection from some quarter submit win
assure thc upon the strength Of the authorities and the
argument Which your Honor VIII find upon tho sSt ana
following pages OF our brief that Georgia II In the att
iude body polite consisting Of the persons 70 wh9m
rei and a u eS a5e sd new ~ ma
mir ned aud large portion OF Tie others are sA
t eSneen Of the eSi"tnc corporate
body aId th6 substitution stead Of another II 90 he
which any smai, corporation would have the right
To complain 10 tribunal az least aud IN respect 70
tecIlon som, where IN order show that the state Of
Georgia occupies In dciai consideration the attitude
INTO a CONT justice aud claim to protect her rights u
the machinery Of the court II adequate to that purpose
refer 10 what was said By Judge wilson IN Chisholm agt
The state Of ,2d Dallas. p $50 The same idea
in Illinois ngt Dclafirld C2d nm l6g, This being the
STATE OF Georgia. and this change being one that would
aside tie present state and introduce one II is
within the ordinary Of judicial court and court
81 sf @t a ~ deicoS S9c SotRhg can be Clearer than
thls IL Is settled jurisdiction OF equity To restrain by
injunction any attempt Ia subver corporation todect
it, property 10 violate IT. charter IN
Illustration be- found In the ease OF ward ogt the
Society OF Attorneys Colyers New Cases IN chnnrcy,
D. S7g where essentially the precise evil IN lis judicial
character, Of which we complain here was at',mlted
contrary the charter Of the Society IL was society
framed Tor the purpose ~ improving and educating me
class Of attorneys aud those who were studying ior he
profession IL was proposed to admit INTO the anu
privileges Of the Society the community az large ltmght
he said "a be extending he aatantag'i 70 ,b , =, %
proceeding be claimed for H. The Court there
titled 10 preserve It's existence nut ~ Is entitled,
either by itself or any OF It's members, 10
there 10 claim by the process OF injunction. protect
itself against acts that would prevent from preserving
ne told that in court Of equity. having Jurisdiction
between the parties the pettiest corporation IN bfn m IN
Dili IN s9! Hdo a,n y !, % miles, resraned are about TO
prevent aud have declared that they will prevent, our
holding our election upon the charter day when n nhs'
and are about TO hold an election Themselves and subst
tute body In our stead But particularly placing
To- permit the elections to be held upon the charter
day thing Indispensable TO continuing IN existence
equity allow an Injunction to restrain and prevent
that act, If the circumstances were snch tnat
be performed. submit that no proposition npon the
authorities can be clearer than that and the ground OF
the Jurisdiction OF Court OF Equity In such case may
wei be compared with the action Of courts Of law TO the
corcatyo Of this artificial person corporation Hd
with Injury to his person to his liberty to his
relief against e. And whyi Because the criminal laws Of
the land the common law side OF the courts, ~ an
common law side give his suretes for the peace
and enable him to mprison the person who threatens
him hSr, an ~ %G loss Of nf % e has hi his REMEDY BY acon az
law because he lives 10 bring it, He has his remedy
give that remedy. and. II slain outright. he
Will be avenged by his competent successor the people
OF his country who survive him. But In the OF
troversy there is criminal law, there is criminal
civil common law process whereby
IL can from action that would terminate its
| oxistence-a prevention which would terminate It's ex
isencc Its remedy, It's only remedy, IL To 90 into
Court OF Equity, and show the imperative danger, show
the necessity OF It's being permitted TO exercise It's fran
cse and obtain an Injunction restrain the individual
or individuals who would prevent that act This doctrine
is fully sustained by the decision OF this Court In Dodge
ag Woolsey, Is Howard, PIP. 3 Now IL Georgia cannot
hold her election her government becomes extinct her