New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-02-11
GEORGIA AND MISSISSIPPI NONsUITED IN THE
L. s. SUPREME COURT.

GEORGIA AND MISSISSIPPI NONSUITED IN THE
L. s. SUPREME COURT.
In the Supreme Court Of the United States,
yesterday AssocateJustce Nelson announced the opn-
ions in tie case OF the state Of Georgia against the Hon
Edwin NJ Stanton, Secretary Of War. Gen. Grant, and
MaorGen. Pope. The lastnamed at the time the bill
fled commanding the Third Military District,
composed of Georgia. Florida and Alabama, designated
by the act OF Congress approved March 3 1867 for the
more efficient government Of the Rebel States. The bill
filed by the State Of Georgia prayed for injunction TO
restrain the defendants from carrying into effect the
several provisions of these acts and set forth the exist
OF Georgia Of the States OF the Union and
further that the surrender Of the Confederate army
1866 the close Of the civ war that State in the
possession and enjoyment Of all the rights belonging
State ia the Union under the Constitution and laws OF
United States, and, such, entitled TO representa-
ton in both Houses Of Congress The bill further sets forth
that the intention and design those Congress
apparent their face and by their termsnamely: the
overthrow Of the existing State Government. and the
Constitutions and that IN furtherancc Of this intent, the
Secretary Of War; Gen Grant, and MaiorGen Pope act
IN motion portion OF those statutes, 10 take military
thereby suhjectng the people thereof 10 military rule;
that tie State wholly Inadequate 20 resist the power
Of the sevcial Departments. and therefore insisted that
protection ought 10 he afforded by decree Of the su
prone Cont III the premises The il next ayedfrst
order on doing any act or Thug within the State Of GeOr
gi injurious 10 said State, which might he required Of
Them 10y the OF Congress second the defend
delay the registration in Georgia. prescribed in
tie asnaned ac; third, 10 restrain them from admins
erBg. causing TO be administered the oath or orna
ton provided FOR in that aCt; fourth, 10 prevent an
election, the returns in any such election, from being
received according to the acts IN question aud
ith from holding causing 20 be held any Convention
prescribed therein. AssociateJuscc Nelson, having
set forth these premises, said n substance that motion
had been made by Ounel iOr defendants 10 dismiss the
for want Of jurisdiction and as one without proced
emit Il claimed that the Court had no jurisdiction in
the case either OF tic subject natter in tho bill
the parties represented The frs, ground was supported
Joy me argument That it was political ana not judicial
question and therefore il rot subject Of cogizauce
10y This Court TIE distinction between Judicial and 20
litch Questions resulted ifoin the organHtton or the
ACKNOWLEDGEMENTS, Lori laiive, and JuciGl-aud
suon The judicial power was vested IN TIE Judicial
department, ara i1e pohica poWoI IN HIS 9thet TWO
Jlucal power was 30 scbeIaiy admitted ual tne court
deemed il necessary 70 do nothing more than 70
Ihry were an IN one uitecto AMONG lch me case OF
Rhode Island against The state OF Nassacuses. II had
been supposed that this afforded authority FOR hear
ing ana deciding ma on Questions connected WIN hl N
equity; BAT Oh q close examination IL would be found
airy between these TWO states AID not one OF political
character In the ease u Florida against Georgia the
United States allowed 10 intervene. being Tic pro
prietors Of large port OF lands situated within the
disputed boundary, cedcd 10 te United states by spain,
the State OF Florida also being interested az proprietor
The ease eeaIlhg hoSt ultcpA on ms orc A tha OF tle
Cherokee Nation against the State Of Georgia. bill was
filed n this aud an Injunction prayed for 70 prevent
the execution OF certain acts OF Georgia against the
ChcrO Nation. The latter claimed the Tgli TO appear
in court foreign uaiOi Inc acts OF me jGgs8tule,
If carried mo execution would nave destroyed the Tribal
condition OF the ChcrOkees and subjected then 10 the au
thoIy Of the State. II WAS therefore, decided that the
Cherokees we're not foreign naOn, III the sense IN
tended by The Constitution OF the United States.
ChiefJusce Marshall said The bill was unienabo ON an-
other ground, namely IL involved political question
Assoc ateJusce Nelson referred TO several other high
authorities N support Of these views and showed that
political power did not belong 10 the Judiciary and that
the Court could have right 70 pronounce merely alb
might, however decide all statutes properly falling
under judicial authority BY tine second section OF the
provided
The judicial power shall extend to all law and
equity arising under TINS Constitutions the laws OF the
United States, and treaties made which shall be made
under their authority, 10 all affecting ambassadors
OAer pulc Ministers aud CODsuls TO all cases OF admit
ilty and maritime jurisdiction, TO controversies 10 which
the United States shall be party, 20 controversies be-
another state, between citizens OF different States, be-
tween chzens OF the same state claiming lands under
grants OF different states. ana between State the
citizens thereof and reign states citizens subects"
The Bill hod by the state Of Georgia prayed for in
tain parts OF the acts Of Congress- being apprehensye
that injury TO the State would thereby result
to entitie parties to relief must be properly
presented Tor the exercise of judicial powers and the
not to political questions merely, which do not belong
the judiciary slther IN law or equity In view Of tho
which the Court had endeavored 10 explain the question
whether the Court could take cOgniZance Of tho
question nov before IT, Tie Court was called upon 10 re-
strain the defendants, who represented the Executive
Congress which il was claimed would overthrow the eX
istng STATE Government OF Georgia. and establish DIFF
feret ono in its seadn other words destrov the
rate existence OF the State. Such is the sub
Sahce OF the Bill. 1t called for the judg-
% on one SSns persons S@ and p propsay
lo OF property or Threatened danger TO them pre-
the court II bill set forth political rights
as IN danger and among other things that Georgia owned
certain propery-te State Capitol the Executive Man
sion and other real and personal propertyand that hy
putting those Acts of Congress into execution the Stale
BS il was APPARENT that Ills rssrnpe S M Suss d pSpe