Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-05-03

to these great corporations that come here
,nder the Constitution by which tins t1bu-
nal was formed and erected, who have Sc
cured in that Constitution the right to main
tain an action in this court against the PEG
Dle of any other State than their own who
may invade any right OF theirs ASK
whether IT is not precisely the appropriate
remedy for that greater corporation, q
State of the American Union. in order to
.raard against its threatened extinction by
means which are unconstitutional and TN
lawful
But 1t is said that We have not proper
and competent parties that here is a suit
against MIR. Stanton, General Grant, and
General Pope, who happen to be citizens
of other States. But, says the learned coun-
sci. if they happen to be citizens of the
District Of Columbia or of some Territory,
the State would have no remedy in this
court, and would be obliged to go without
any. Now, with great respect, that is q
very narrow view of the subject The Con-
stitution Of the United States has under
taken to protect these States against for
eign invasion at all events. 1t has under
taken to protect them against domestic
violence On application, and not otherwise,
of the legislature, Or Of the Governor when
the legislature is not sitting-referring, OF
course, to the existing government Of the
State Otherwise, the General Govern
ment has not undertaken, nor does it seem
to have contemplated that II would inter
fere with domestic troubles occurring with
in the body of q State. As TO them, the
State was deemed competent to take care
of them unless they rose to q very great
pitch of violence, so as to become what we
commonly call m insurrcction, which the
government of q State cannot, with its or
binary means, puU down. The Constltu-
ton seems to have supposed that the States
could deal efficiently with their own clti-
zens, and has given them 10 privilege OF
suing their own citizens IN this court, hut
has only given the privilege of suing sister
States, foreign States, the subjects of for
eign States, or citizens Of sister States. 1t
is true that the trainers Of the Constitution
do not seem to have been SO cautious as to
take into their consideration this nice eX-
ception that, by possibility, there might be
some people living within the district, ten
miles square OF less, that might be coded
to Congress for the seat of government,
who would not be the citizens of any State,
and therefore not provided for by this pro-
vision. Neither do they seem TO have taken
into consideration that there ever would be
any considerable number Of persons IN the
whole world, other than citizens OF the
menaced State, against which the State
would desire redress, except their fellow
citizens Of other States of the Union, OF
strangers who were subject to foreign ma
tions. That is little bit of q cQSuS On1iS-
SuS-a trifing evil that might possibly eX-
ist, but vet never has arisen-never has
existed-fOr which the Constitution did
not expI essly provide but the Constitu-
ton did provide that q State should have q
judicial remedy against any individuals
who were beyond the reach of its power
and process, who might do it IN in jury,
and of course who might menace an enjury
If these were invaders, tho General Govern
ment, through its political department.
was to resist them. Il they were individ
uals who did not come with the strong
hand of invasion, the State WAS TO have, as
Il means of protection against unlawful acts,
the right of coming into the Supreme Court
of the United States and appealing to it as
tho original tribunal. This right is given
i'll the Constitution itself. This is the
court OF first instance into which the State
IS to come. What IS it to have here ? Al
the remedies fer tho enforcement of It's
rights that are usual and customary accord
ing to the laws Of the parent State, and
the existing laws OF the colonies as they
were and the laws Of these States during
the short period they had existed as States
that were allowed il courts IN cases ut Law
OF in equity.
4 State Of the Union, then, Is IL body
polite and corporate, which Is unable, hkC
other States intended to be permanent anC
indestructible, 10 protect ITSELF by any VIC
lent means against those outside Of its ter
ritory. In lieu OF that the Federal Coy
eminent is required to protect it agains
violence and invasion. The high equity
tribunal, the Supreme Court of the United
States, is obliged by the terms OF the Con
8titution, if any State can show case o.
an injury done or meditated, remediable by
the ordinary processes OF d court of equity
against any one outside of their jurisdic
ton, and beyond their reach by their OWL
courts and processes, to give them such
remedy as is usual in such cases.
Ny learned friends remarks about the
rejection in the convention Of the propO.
sitiOn for council of revision offer no OBJ
lection to the jurisdiction OF the court in
this case. He says this court was thereby
divorced from political questions. Not Sc
ut all. This court was divorced from any
participation, in any shape, in legislation
or, at least, Legislative power was not con
ferred on it. The jurisdiction of the cour
as court created under the Constitution
was, of course, intended to apply to al
questions with which the court was capable
of dealing. Ny learned friend has Spoken
of quo ocoDT0nto as being the proper rem
edy. There can be no quo acG1rG1atO il
this court upon the Governor of a State
for exercising his powers. That is a Stat
office; and [ apprehend that quo ecaT7'ant
by the judiciary OF State against its Coy
ernor would be very much like that whicl
my friend condemned the other day
writ issuing out Of this court against tn
Chief Executive.
My learned friend has said much abou
all this evil being contingent and future
but we have presented, plainly and distinct
ly, facts that cannot be denied. and hav
not been denied. The President says b
will execute these acts. General Grant ha
issued an order, that is set forth in the bill
to the commanders of these various dis
tricts, transmitting to them copies of tn
acts, and declaring that they are to be car
ried into execution. The minor officer
have declared their intention TO eXecut
them. My learned friend says that tn
court will not act upon fears and appre
tensions. The fact is quito otherwise /
abill QUid tjL1ct is one of the very heads o
equity jurisdiction. 1t must, to be sure, b.