The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-03-24

in the case before the court the question
OF the action of the Legislature comes. !
conyersed with Chief Justice Chase last
Friday, who said there was no doubt of the
constitutional power of the court, but then
there comes up the congressional action.
Ex-Governor WELLS then proceeded to
discuss the equity power granted courts by
Congress. He said the subject matter is
within the jurisdiction of the court, and
the court, then, takes possession of the
whole matter. In 1852 Judge McLane de-
cided in creditors bill, filed in q circuit
court, that the court had Jurisdiction, on
the ground that while right as distin-
guishcd from remedy was given, and of
such nature as could be properly enforced
under chancery jurisdiction, the Federal
courts had ample power to grant relief.
Mr.. NEEsoH That was where the par
tics were citizens Of different States.
Mr.. WELLS: Yes, in that case. But there
are cases where Jurisdiction is governed by
broader reasons. than dollars or citizenship.
The case of South Carolina was then re-
cited, and the action of President jackson
in that matter. BY the Force Bill of 1882
Congress ut once clothed the United States
courts with power to proceed against any
citizen no matter where he lived. 1t was to
meet the fact that citizens had attempted to
nullify the law. Suppose in Charleston u
number Of citizens as great as that associa-
ted with the defendant here bad attempted
to violate the law of 1888, would they have
been taken singly and tried?
Judge UNDERWOOD That act only pro-
vided for jurisdiction against criminals.
Mr.. WELLS: If the court can use its
common-law jurisdiction and its criminal
jurisdiction, can it not-ought it MOTTO
use its equitable jurisdiction to secure the
| rights Of citizens 1t was found that the
unlimited power given in the force bill of
| 1888 dissipated the difficulties Of that day,
and instead Of civil war and disaster we
had peace and prosperity. Governments
10 learn by experience, and Congress has
passed another act, upon which we to-day
plant ourselves in an unassailable position.
1t wac passed July 1861, and provided that
if two or more persons shall consplrc to
OPPOSE by force the authority of the Govern
ment of the United States, or delay OF
hinder the execution of its laws, or by
intimidation or threat prevent any per.
son holding Office OF trust or conf.
dence under the United States or per.
forming the duties of his Office, each
such person shall be guilty of high misde-
meanor. 1t was competent for US under
this law to have sent out one writ after an
ether until the jail and penitcntiaries were
filed and the docket so numbered that NJ
one term of life would have been long
enough to dispose Of them, and yet there
| IL t,a-
was the remedy 1t WAS to stop the
flames at once. before they spread
stop them by the exercise of your equitable
jurisdiction. Jurisdiction once taken EN-
braces the whole subject, and is neverpart
Cd with until full relief is granted.
Judge INpERWuoD reckon there is NJ
doubt about that; Justice Story so decided
and further, that jurisdiction could be helC
after relief was extended.
| Mr.. WELLS: If case comes up to the
Supreme Court by appeal, and the cour
finds that the question on which the motor
for appeal is made is not only involved
but others are embraced, yet the court has
pcwer &C seize the whole Gaze and dispose O
it. In the case Of Riggs against jackson
Comfy thia was done.
Mr.. MEREDITH: Was not Riggs non
resident
Mr.. WELLS: Yes; al injunction wai
granted by State court prohibiting the
assessors of Jackson county from collecting
taxes to pay certain railroad bonds, anL
was made perpetual. Riggs, who held one Of
the bonds, carried the case into the United
States court, and a manddmuS was granted
compelling the county to pay him his bond
ana inc power Of the Government was
placed at It's disposal to carry out this de.
cision. The case was appealed to the Su.
rrcme Court, and the Supreme Court con.
iirncd the decision of the circuit court
holding that whenever United States
court got hold Of case its jurisdiction
covered the whole question. The principle
is applied this way-that the court having
the case Of Mr.. Ellyscn and others before
it for violating the laws Of the United
states, its jurisdiction covers the whole case
in every wuy. The ground taken to show
| that the defendants violated the laws of the
United Statps is this The complainant
Mr.. Chahoon, is an officer Of the United
States. ana he claims that he holds hit
office by appointment Of the real substan
tial head of civil provisional government
| for tie State of Firginia-a head which
coull only b. ordered by the President o.
tic United States, and not by any lowel
officer. 1t is remarkable fact that thu
rower to remove from Office was vestet
solely in the General commanding. LIZ
quoted the act Of 1867 to show tha
it was intended to lie operative until Il lie
gal government of republican form coulc
be fstutIsheti-not created, but established
Section 5 provides for the suppression O.
disorder. and further, that till such govern
mcnt shall be established" the power O
the United States il supreme through the
commanding General to abolish or super
sede 1t. This extraordinary grant gave th'
Provisional Governor the power Of tht
Executive us well as of tue Legislature fol
he did perform many legislative acts
Again: The supplemental act of March 23
1867, was to be considered. 1t was mis-
take to suppose that the State Constitution
directly it was adopted became the organic
law of the State, and by virtue Of its owl
provisions put the new system fully II
operation and terminated the power
Of the appointing of the provisional
government. For instance, while thu
elected Legislature and Governor were per
forming their duties the Attorney-General
who represented the State, was military
appointee. So were the Judges, sberitfs
clerks of courts, &C., all provisional 9th
cers. With this state of things, how could
it be contended that Immediately upor
the entrance of Virgiuia's Representatives
into Congress the State became sovereign
State, clothed with all the rights, powers
and privileges, that belong to the most ia
ycred Of Stutes. No. it was not SO. FRS
the blade, then the stalk, then the full corr
in the ear. This must be gradual, and Eir
ginia will never be sovereign State until
CLIO Ing lnnnl 1nssnssinn of nl, har Offices