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

Z
nella," No State constitution now formed
is displaced until the final act of consum,
nation by Congress is done. Why not,
then, my friends, have gone step further
and, to get relief, enjOined Congress from
ratifying the constitution =? Until that act
comes you are not I'M ured.
/ Ny first objection is that we have not
such parties here as authorize this court tC
entertain any case. The bill is filed under
that clause Of our Constitution which gives
to this court original jurisdiction IN con
| trOversy between a State as plaintiff, and a
citizen of another and different State as de-
| tendant. The jurisdiction is not because
of the subject matter, but because of the
parties; SO that if it happened that Stanton,
Grant and Pope were citizens of the Dis
trict Of Columbia or Of a Territory, or citi-
zens of this very State Of Georgia, there
would be no case. But, say my friends, we
| have the very parties specified IN the Con
| StitutiOn; we have State as plaintiff.
will not stop here at this point OF the case
to question the right of the State OF Geor-
gia as a provisional government or other
wise, to bring suit. The purposes OF the
argument do not require that. 1t is the
character of the defendants on which | re-
ly to show that this court has no original
jurisdiction III this case.
w HaL Is Iuc InedBILS vi II4iS CL6'toC W IIlS
| Constitution ? Does it not suppose an &C
| tual controversy between a STATE and cit
izen of another State What is the reason
of giving the jurisdiction 1t is that a
sovereign State, having controversy with
Il citizen of another sovereign State, OF no
more, but Of equal, dignity, shall not be
required to go into the courts OF that other
State to ask its rights and settle the cOntrO-
ver5y which it has with citizen, either
because it is below the dignity of the State
which asserts the right, or perhaps for fear
that the State holding the jurisdiction
might toe partial to It's own citizen. n State
cannot come into this court with a SUIT
against its own citizens or against citizens
Of the District of Columbia, or citizens re-
siding IN the Territories The jurisdiction
extends only to the case of q controversy
between a State and a citizen of another
State.
Task your Honors, was it ever intended
by the Constitution to give such jurisdic-
non as that which is sought here ? Who is
this controversy with 1t is with officers
of the United States of very high grade.
What is the controversy between the State
Of Georgia and these officers Is 1t with
them as individuals ? Is it with Edwin NJ.
Stanton, as q citizen of Ohio, that Georgia
has controversy, or with Grant or Pope
as citizens of Illinois Not at all. It IS
not alleged that either Of these defendants
is about to do anything in his individual
capacity which is a subject of controversy
between him and the State of Georgia.
The controversy IS not with them IN their
individual capacity as citizens OF States,
but with them as officers of the United
States, who have no State citizenship, but
are bound to reside here. The place of
= 8 Il Of Il
handing General is by law here their Of
fetal residence is in this District. 1t is
against them as officers that Georgia makes
complaint, and she seeks to restrain their
official acts. \ court of equity looks at
the substance of things, not merely at
names or forms When you are asked to
entertain the limited jurisdiction given to
this court in an original case, and find that
as to parties It must be a controversy be
tween State and citizen of another
State, ask your Honors, when you come
to look at this case, if there is anything
that fuItils single idea of such contrO-
verSv? Suppose tomorrow Mr.. Stanton
is removed or resigns his post as Secretary
of War, what becomes OF Stanton, cltl-
zen Of Ohio, defendant in this case Is
there any controversy left between Georgia
and Stanton, as an individual and q citizen
L
sary to have a new officer of the Govern
ment here, and they must substitute new
Secretary Of War at once, if he is a neces-
silry party. And suppose that the Secretary
happens to be citizen OF the District of
Columbia, what becomes of their case then?
1t seems to me perfectly clear that there is
nothing to bring this case within the let
ter, the reason, or the spirit of the consti-
tutional provision giving this court original
jurisdiction. 1t is unnecessary to take up
time on this point.
Next, if the Court please, come to the
more important question as to the nature
Of the right set up here, the alleged infrac-
ton of that right and the relief which is
asked from this court to establish that
right. First of all, look at he time and
the state OF things when this bill is fled
The ink with which these acts of Congress
was ongrossed is hardly dry Congress has
Just adjourned; and at once the contro-
versy that ragged there few weeks ago is
brought here to be settled The President
attempted to settle it. Constitutionaliy he
attempted to give the relief which is sought
here. In the exercise of his constitutional
powers the President, while these acts were
upon their passage, attempted to stop them
by his veto but Congress, also acting I'M
ger the COuSIlluI1Ou, pdSoSu IA6L1 OEGl lis
veto by the requisite majority. The laws
were passed, and what then ? Before any
| thing was done beyond designating mill
tary commanders, this bill was filed. Let
us begin at the very beginning; start the
moment law is passed, for if there is jul
risdictiOn now in this court to stop the eX
ecution of these laws, there was jurisdic-
ton on the oath of March, when the last
act was passed, before the President had
even appointed military commanders be-
cause, recoIlect, the danger threatened here
is altogether prospective. 1t is that these
parties, the President, the General-in- Chief,
the Secretary of War, and the military
commander, give it ont in speeches and
threaten that they will execute these laws.
From the beginning the same allegation
might have been made, for the President
has said from the tirst-it has always been
his doctrine, and l hope always will be
The moment law is passed over my veto,
nothing is left for me but to execute it. -
The gentlemen might then have begun al
that moment with their bill, and have said
to this court, "Stop now the execution o.
these laws"
What does that mean? That, [ say, il
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