The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-03-30
THE MUNICIPAL WAR.


aside for spectators. The case of Chahoon
Us. Ellyson was taken up:
EX-GOVERNOR wIsE's SPEECH CONTINUED.
He said he had thought yesterday that
after spending FIVE hours of his strength
he would hardly be able to 90 on to-day,
but the theme animated him, and he
thanked God that he was able to take up
the wondrous tale again. He commenced
by citing the law to show that an unconsti-
tutional act Of State Legislature did not
give State officer power to commit acts
injurious to the rights Of others. I'D Dali
las, l8S-l97.l This question was to be
considered in case when it had once
come before q United States court. This
was not jurisdiction by implication, but
had been plainly expressed as the
power of the court. In English law
this principle was fully carried out, and
the court took jurisdiction in all cases not
belonging to the ecclesiastical courts. Mr..
Neeson had said Governor Wells had not
produced any authority to show this court 8
equity jurisdiction, nor would the speaker
be able to do so.
Governor WISE then read from 10th How
ard, p. II Pennsylvania Reports, p. l66 ;
lst Blacks Circuit Court Reports, D. 337 ;
2d Pennsylvania Report, p. IL !; and 9Th
Cranch, p. 4O2 to show that the court had
equity jurisdiction. He showed that where
a court had gotten hold Of a case it might
even order sale of property which was
not within its jurisdiction. The opposite
side contended that this bill of injunction
was something like the Presidents procla-
nation of peace. So it something. So,
huzzah for the proclamation, and the bill
too!
lie then referred to the question of
taking jurisdiction by implication, and
spoke of the great accidental and Incl
dental jurisdiction by implication to be
found in admiralty. So, too, it was, in the
matter of the land laws. What variety,
what Infinite, multitudinous, accident and
incident of Jurisdiction occur in them.
He went on to give an interesting and
amusing account of the formation of the
present State of Tennessee, once known as
the State of Franklin, where the Governor
(Scverc) and the judges were paid in rae
coon skins. The setting up of this State
was done by Severe in notification Of both
the laws of North Carolina and the United
States, and yet it was suffered by both.
This was the first act of notification in this
country. 1t was committed in the right of
self government. Raleigh was too far off
for their capital, and they wanted one
nearer, and they got it. The confusion Of
the laws arising out of this state of things
when Tennessee wac admitted vas de-
scribcd, and the amount of jurisdiction by
impl eaton necessarily following it. An
other case Of notification was in Georgia,
where the State parcelled the lands of the
Cherokee Indians off under State laws,
though these lands we're guaranteed to
them by the United States. These lands
were put up for distribution by lottery,
and the Indians were driven from their
homes. These Indians, WHO had aided the
whites against the Seminolcs, were driven
off.
The naturalization laws and the qucs-
tons OF citizenship that may arise under
them were then examined, and the great
Marshall land case was cited to show how
great the powers of the United States courts
wcrc-powcrs that would have been en-
forced had not Marshall induced the Lcgis-
lature to compromise, he himself giving up
p;incely domain and accepting parcel
only of the land for the sake of avoiding
conflict between the United States and the
State in support of these respective laws.
He did this though he could have had the
army and navy of the United States to back
him in his claim-a strong contrast with
Il resort to violence for the sake Of Il petty
mayoralty. Suppose the State of Virginia
was to attempt to escheat the land Of citi-
zen Of the United States who was not Bitia
zen of any Statc2 Why, ii could not be
done. The United States would allow
him to proceed in Federal court Of
equity 10 protect his rights. Look ut
the remarkable character of cases which
have arisen and may arise out. OF
prcccdcntc1, and the court is bound to take
cngnizancc Of them on the ground Of right
CT Gated. Judge Meredith had decided u
question Of bill Of exchange by the United
Stutes law instead of the State law. The cir
cunstances attending the admission Of Cali
lornia were reviewed, she was brought into
the Union by military usurpation tramplin9
on the laws of the United States and ali other
laws, human and divine. But it was done,
and the act was sanctioned by Congress and
the laws, and yet gentlemen sat here and
denied that military power had the right tc
fill son2c offices ii Virginia in interim unit!
they were filled by due course of law; and
they further claim that blood may be shed
in the streets of this city and this court hos
no power to interfere to stop it. Ii
the case of California, d State was Gre
ated by congressional usurpation; IL
the case of Virginia, State has been
crushed, murdered, by the same means
1t is the mnst fearful of crimes tt
take the life of State. The murder Of G
main is a fearful crime, but God made him
and God may redeem him; but there is nc
cure for the death Of q State. She car
never be given back her life again.
In the case of Louisiana, Congress I'd
mitted her upon conditions--upon the con
dition that English should be spoken in the
courts there. Does any one mean to soy
that if now it was attempted to carry or
suits in the courts there in French that
Congress would not interfere
The speaker went Oh to pay an eloquent
tribute to Virginia as she was, and de-
picted her helpless condition nova State
that can't call Convention to alter hel
Constitution except upon terms. And this
is part of the work of the committee OF
nine--against whose acts, as well as those
of the Black Republicans, he stood there
as a stripped rebel to protest with all his
heart and power.
The jurisdiction of the Federal courts
especially in equity, is so large now that il
spills over the acts intended to define it II
certain cases like this. 1t has been en-
larged greatly by legislation, particularly
that legislation intended for the reconstruc'
ton Of States and their induction into the
Union. The complainant here is not O
State officer nor q military officer, but U