The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1879-07-09

exercise of franchise granted by Law
OF the United States, which franchise
the State of Ohio asserts right to in
wade. II prays the aid of the court tc
/ restrain the officers of the State from
executing the law. 1t is, then, con-
troversy between the bank and the
State of Ohio. The interest of the State
is direct and immediate, not consequent
tial. The process of the court though
not directed against the State by name,
acts directly upon it by restraining the
officers.
The process is substantially, though
not in form, against the State, and the
court ought to proceed without making
the State a party. If this cannot be
done, the court cannot take jurisdiction
of the cause.
The full pressure of this argument is
felt and the difficulties it presents are
acknowledged. The direct interest of
the State in the suit, as brought, is ad
mitted; and had it been in the power of
the bank to make it party, perhaps no
| decree ought to have been pronounced
in the case, un:iI the State was before
the court. But this was not in the pow
er of the bank. The Eleventh amend
ment of the Constitution has exempted
the State from the suit of citizens of
other States, or aliens; and the very diff.
Acult xuestion is to be decided, whether
in such case, the court may act upon
the agents employed by the State, and
ON the property in their hands.
have thus taken pains to show
that the old Supreme Court went so
far as to compel the State of Ohio, !
operating upon its officers, to return
to the bank about 100000 imprc.
perly collected, when it was admit
ted in the opinion that the suit was
in substance against the State, and
that the suit could not have been
brought against the officers without
making the State party, but for
the 11th amendment, which made it
a necessity in the attainment of JUS
tice to allow the suit to be prosecu-
ted against the State officers.
And now the question which [
want to put to every man here-I
would be glad to impress it upon
every taxpayer in the State-is, if I
The old court could decide that, what t
will the progressive Supreme Court
IF the United States decide?
II the old court could say: "As :
We can't get at the State, we will q
operate upon its officers and compel t
he restoration of money improperly Ii
will not the pew court
% one step further and say, that :,
Vhen the people Of the whole State
Iecide by O vote that they will not a
'ay one third Of debt created by "
he Legislature. in pursuance of an t.
constitutional suggestion G
O encourage internal improvements. :;
Ve will compel the collecting officers a.
o appropriate so much of the reven- W
e collected as may be necessary TO "
'ay neglected past.due coupons? n
If the courts so decide, will they .
lot have the sympathy and approval n
# many people who believe that ii
echnical rules ought not to stand in
he way of courts compelling the Il
'aymeut Of a debt?
The important question is. will not ls
he Federal courts. in this progres. n n
i've age. so decide? Let the people il
that the Supreme Court o
f the United States have held law p
o be valid, enacted by Congress,
Ihich prohibits the States or people Il
f the States from lending each 9th. =
r credit in competition with nation. = =
| banks. This is a startling prop. al
sition. but there seems to he no es- 81
ape from its dire effects. Let the al
eople remember that indictments d
DR. murder by revenue officers in ;.
be State courts are suppressed by to
be judgments Of United States th
ourts. and the State courts threat fu
ned with writs of prohibition if they NJ
roceed. Let it be understood that III
ederal courts in Arkansas have by @. 9.
landamus enforced the payment Of Do
ounty bonds in the face Of aad over
le solemn judgments of The State til
ourts. Let it be remembered that 10
! Virginia State Judges have beeu ~
rrested by Federal Judges for the ~
tanner of making up juries. These st,
lings show at a glance the progress eli
ne courts are making-and when ga
onsidered in connection with the 10
Ict that the political departments =. -
the Government are tending to de
mainly in the inter- Il
st Of The money power. all must see OF
ar troubles II this compromise is Is
ot ratified, the alternative will be
Ut off accepting or litigating, and -
le contest will be ended. and we vi
i'll be freed from two-thirds of the
sbt which has given US so much If
oubie. S''
II not ratified aud litigation comes -
many of the holders of coupons tb
see proper suing in the United co
.ates Circuit Court. i'll they succeed, co
taching and sequestrating the rev. re