Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1872-04-26
TELEGRAPHIC.
WASHINGTON.
WASHINGTON, April ?:

SENATE.-Ihe Senate Is sitting 1o-nlgnt on
postal affairs. b. .r.-.E.
HoUsE.-A large number Of bills were intro
duced.
The new revenue bill read. These pro-
ccedings were crowded out as usual by the fill ,
buster civil rights.
The report of the Conference Committee re- /
garding straw bids adopted
A bill was introduced repealiEg the law re- /
quiring cigar makers to give bond.
A counter statement regarding the Alabama |
claims was received from the President. 1t is !
very lengthy and polite, but firm in support of
the consequential damage clause.
The struggle between free tea and coffee and
the North Carolina Senatorial contest resulted
in favor of the contest by vote of 35 to %. No
action was taken.
Congressman Edmunds and Pomeroy ind
Gated that they would vote against the seating
of Abbott.
MISCELLANEOUS
The Court of claims to-day decided cotton
cases involving nearly million dollars
against the Government, which have been
withheld upon the Drake amendment, which
the Supreme Court decided to be unconsttu-
tiOnal. The cases decided were chiefly from
Savannah and include the Elyee case. Other
cases will follow. brakes amendment, which
has been decided unconstitutional, iDvaldated
Presidential pardons.
The following decisions were made in the
Supreme Court today. No. II. White VS..
Hart etal in error to the Supreme Court of
Georgia. This action on a note given
for the price of a slave. The defence pleaded
that by the new Constitution of the State the
Court prohibited from taking any jursdic
ton of 4 involving the question of the
validity OF such a contract. The Judgment of
the Court was for the defendant, and aunOunc-
ed the following propositions
1st. That when the Constitution of 1868 was
adopted, Georgia was got a State in the Union,
that she had surrendered her connection
such, and WAS conquered territory, wholly
at the mercy Of the eOnquPTOr, and that hence
the inhibition OF the States ty the Constitution
of the States to pass any law impairing the OBJ
legation of contracts, had no application to her.
end. That her Constitution docs not affect
. the contract. but only derives jurisdiction from
her Courts 10 endorse 1t.
81. That her Constitution was adopted under
the dictatiop and coercion of Congress, and is
the act OF Congress rather than of the State,
and that, though State cannot pass law i'm
pairing the validity of contracts, Congress can,
and that for this reason also the inhibition in
the Federal Constitution has no effect in the
case. This Court rcverecS this Judgment, and
, in substance say: - The subject presented by
the first proposition has been considered incl
tsentallv several times by this Coart, and its
former decisions in respect Of it need only he
reaDirmcd. The National Constitution created
not CoutCdcrGoy OF States. but Ii government
+ of individuals. It. assumed that the govern
ment and the union which it created and the
States which were incorporated into the union
would be understandable, and, as far as human
means could accomplish such a work, it in
the nation and of the State each alike, indie
pendent and absolute in their respective
spheres OF action, but the former is as much q
part OF The government Of the people OF each
State, and as much entitled to their allegiance
and obedience As their own local State govern
ments.''
The Constitution and laws Of the United
t States, made i'll pursuance thereof, being in al
cases where they apply, the supreme law of thC
land. The doctrine OF secession is the doctrine
OF treason, and practical secession is practica
+ treason, seeking to give itself triumph by reyo
: lutionary violence. The late rebellion wa
2 without any element of right or sanction of law
and the duration and mag nitude of the war die
+ not change its character. The States in rebel
4 lion were never out OF the Union and never alb
S solved from the duties, liabilities and restric
L tions always incumbent upon them.
On the second point it is said that without III,
e remedy the contract may not be said to exist
The ldeEs OF validity and remedy arc insepa
4 rable, and are both parts OF the obligation
: which Is guaranteed by the Constitution agains
/ invasion; hence that denial OF the remedy b,
the State not valid, because it annihilate,
the contract.
The third Of the propositions is said to b.
clearly unsOund. Congress authorized the
State to frame a new Constitution, and sh
= elected TO proceed within the scope of the au
= ! thOrity conferred. The result was submitted t
II Congress as a voluntary and valid Offering, ant
u was SO received and recognized i'll the subse
! quent action by that body.
The State is estOpped to assail it upon such al
assumption, upon the grounds. Sh
- might deny the validity of hCE ratification O
;, the Constitutional Amendment. The action O
" Cong ress upon the subject cannot be enquire,
= into. The is clearly one in which til
- Judicial is bound to follow the action of tn
h political department of the Government, and
Included by it. 1t is added that If Congress ha
:. expressly dictated and expressly approved tn
promise on question, such dictatiOn and appro
val would Lave been without effect. Congress
+ has no power to Supercedc the Constitution Q
e the United States. Justice Swayne delivere
S the opinion as also, III the case from Arkansas
= No. ~. Osborn versus Nicholson ct al. In tha
case there warranty that the slave va
y sound, ana that ge was slave for life. TIL
d Court say that such warranty does not eN
l. tend to the exercise of the Sovereign power G
J. the State, by which the slave was conscripted
e and that the thirteenthA mendmcnt of the Cor
stitution does not affect the question. The cor
+ tract being valid When made, enforced o
> All the courts, and that subsequent LegslatiO
> either by statute constitutional provision
6 could not render it invalid. The Chief Justic
$ disscnted, and stated that he would give h
So grounds in opinion to be held hereafter
10 Enr