New-York tribune., 1872-04-23
SOUVENIR OF THE REBELLION.
INTERESTING SUPREME COURT DECIsION-TUE
RIGHT OF SECESSION HELD N QUESTION.
rGEyRRAL PRESS DIsPATCHI

INTERESTING SUPREME COURT DECIsION-TUE
RIGHT OF SECESSION HELD N QUESTION.
lGESBRAL PRESS DIsPATCHi
WASHINGTON, April 22.-The following de-
cision was made in the supreme Court to-day;
White agt Hart et al, to the Supreme Conrs Of
Georgia.-This action a note given for the
price Of a slave The defense pleaded that by the new
Constitution OF the State the Court prohibited from
taking any Jurisdiction OF involving the validity
OF such The Judgment OF the Court was for
the defendant and it announced the following propo-
siriors:
FIN: That when the Constitution Of 1853
adopted Georgia was not State in the Union that she
had surrendered her connection SUCH and was con-
quered territory wholly the mercy OF the conqueror,
and that hence inhibition OF the States by the Con-
titution OF the United states 10 pass any law maTnS
obligation of contracts had no application 10 her
Second That her Constitution does not Affect the con
raci but only 09nies jurisdiction 10 her courts 10 en-
Third: That her Constitution adopted under the
Congress rather than Of the state. and that, though
state cannot pass law mparlhg the Naulty on oi- %
inhibition IN the Federal Constitution has effect In
the this Court reverse this jadgmeh and IN sub
The subject presented by the first proposition has been
considered incidentally several times by tins Court amt
its former decisions. IN respect OF IT, need Only De- rear
iTmed. The National Constitution created nos Con
ieaeraeS u Set'eS 6' rIIent soFy and tbe Tnjo
which II created and the s.atcs when We're
sIrHciInlc; and. as lar as human means could
accomplish such a work II intended 10 make them so.
The Government of The nation aud OF the state each are
alike independent and Oute ia hcrr specuvc spheres
OF action, but the former Is as much part or govern
ment OF the people Of each state ana a. iuch eted
10 g1auce and obedience as Their own local state
Governments the Constitution and laws OF the United
States made IN pursuance thereof being IA al cases
where they apply the supreme law OF the lald. The
doctrine Of secession is the doctrine or treason
ana practical secession is practical treason.
seeGing 20 itself triumph by revolution ~ violence.
Iht Late renelllUn was without any element O." lE 'r
sanction OF law. and the duration ana magnitude oI TIE
did not change lis character. The states II re-
bcl.On were out Of the Union, and never
always incumbent upOn them. On the second polul I
without the remedy the contract mdt not ne
eeparabie aud both paTt- Of the obligation NcA is
guaranteed by the Constitution against INVASION Hence
valid because f. aunhiiatcd the contract Tho third of
is SAID to he clearly unrOunQ Congress
authorized the state ~ frame new C0nsiiuucu ana she
cted 20 proceed WITHIN the scope oi tAc JlN CON
ferred The result submitted u Corgcs~ as voiur-
aud valid offering, and was so received ana FccpS-
uIZcd IN tle subsequent acton U taat O'Gy. Inc
State is estclped To a~saH upon -ac ptlou.
Iuon the same grounds she might dcuv lie vaLdiy 0i
her ratification Of the constitutional amendment.
Doc inquired into. The case IS clearly ono
which the ioary j. bound 10 follow TIE action OF
Guided by II i- added that Congress mad expressly
dictated and expressly approved tLt IrONo - c4OH,
such dictatIon and approya! would have Deen without
effect. Congress has no power - suuersede TIC COsL-
tltiOn OF the United States.
Mr. Justice syaync eivered the opinion, ne also in
tie case from Arkansas. No - Osborn aGt = cllson
et al. fl tat there waI1autf tlat tie slave
was sound. and that he slave Ior i. Tie Court
saw thar such warranty not extend % The
else the sovereign power of tAe state, by which me
slave emancpated, ana that the tAlrteeuth
amendment OF the Constitution does not affect the qta-
n all the and hat subsequent Ieg!lflun.
CIh. b- strlte or constitutional pt9N4-tr- Cp,iH E'.
nder ID invalid Tic Cliei-Jisdec a4sreits-, ma
stated 1t Ae would giye his grounds Il m opinion 10
Dc nlcd hereafter.