, 1869-07-29
Notes Given for 8lnycs Declared
Eulld.

contuha : prnrihcn touching pdtcs given fos
tlArcs, HAL II h1au 10 tbs duty Of tht Court8 to
consider ha' tncra ID failnrc Of CONSIDERATION, md
that It shall be 10 held b, the Courts Of tnia 6atc
ioF o1 u Of Is7es sScS SeE sfs
POW outAtand'ag ~; aud 1spaA aad no acon stall
lo1o Judge rlautz, Al Jacksonville, on the 9th
inst. the defendant Claimed thai by the section
quoted nbove the plaintln could not recover, as
tlsre. It vas aTraed on 6eha,t ot iho pIa,ntid:
l. Thai this legislative declaration Of fa!lurp of
tio2 u The United Eta.ea, and therefore vufl e
That tho alstgaton OF The remedy is equivalent
10 tbs impairment and overthrow Of tho contract,
and therefore for the Ike Icason VOID.
On The part Of tho defendant, 1t u claimed:
J. IhAt these provisions arc binding Upon tue
eentsnps the m pso,ions " rhas as eTeu saoasa
THESE pt1ei.ioLs 10 IN contsaeenuou M The
constitution. they apply only TO ssates N the
tUtousl provisions Of detr1eta not 70 included:
and TINT F1orida, at the tcae o! the enactment Of
tnc contribution IN question. was not SO ,nc!uded
In giving biz decision, The Court. after tNkouss-
Ing otheE points bearing Oh the case, continued n
un: " As 10 the pofttat Organization OF tue Etate
Of Flos7dA: Two an!sson'sdc gorernmcnsa can
EsheF Esa,1 cos1Lss In .be same territory Eor Gre
peiteai A ors.na.tion nv @ eaned ops eae STATE 'ef Of
florida. which was IN existence at the
CJbeE u LUG Hh{s WIZ D{E4111CQ IueOQEQ-
out and IN ninuscst details In hostility 10 the
Constitution and Government u tue Gnlted Stats.
Al the touch Of tie successful power It. Of ucces-
Htfy, cTumbled iuto .du1t. leaving neither ves1E1
nor Eucccssor. On fne Gofe1lu1 OF the Enitcd
h'atcs devolvcd TIC ppMer ard duty OF restoring.
~ tha taxt tespec1 tho S.nts VI Florida 10 the
Cn,on- And the constitution under which we ROW
i've Is The link which binds FiordG, politically. 70
the Union. Without a Constitution recognized by
the National GoveInneuf, as ID this. abe would
Rsttl remain, politically, ont OF the Dnon, although
les7itoE1lJr and ~ To her population. within the
Union. Thus constitution derived legal force only
By virtue Of her restored polllcll relations to tho
Union. Florida wEs not, at the tine u the ndoT-
ton Of the prcseue tttutton, der has she ever
been, since the ciase OF the wal, an independent
State In tue language Of The rccopsttlction acts
EEc simply had no leSul State Government Cntutae
formation and Recognition Of that DOW existing.
This CoralIuti0u Of f10Th1p therefore, ~ IN every
part 10 be lc1Ctlnlzed a-d Interpreted rs cIotey
as TINT OF my Stata N lie Enlon reguzd TO lis
conformity to the Constitution OF the CrNed
6tAeA EuEeItaEinS the<e v,ewz, do Dor deem
II necessary to d!scus1 The fotut, probably not
E1uch reeu on, sG to the action OF the political de-
rartment Of the EtAte o. EaiioLA Government
hhn]l Of eoafse, AlrnyE bow II the adjudication OF
ljghcT tuecisl tribunals. But I repudtate now,
and nj all tines the riHtt or power OF iesis'1-
tcEt rt Convention TO p.escI1be ~ what manner =
Court ehal decide aeGajlquckt!ons; and I AN
toENd elikeby Ely allegiance and my solemn oEl-
cal oath to regard an0 obey The Constitution OF
the United S'aIe., anything IA the Consultation
lAWr OF any sl1te 10 tee tuntratf nosHthstacd-
frr'