The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1879-07-24

law OF the State TO the great oppression an
injury OF the complainants and TO the d'
structiOn of the rights and privileges confer
red on chem by their chsrter and by the Cons
= titution of the United States. The true II
a quiry is whether an injunction can be issue
2. | to restrain person, who Is state once
I | from performing any official act enjoIned D
e the statute, and whether court OF equity ca
: decree restitution il the act Is performed.
0 The Court further says: " Va proceed nov
= TO the sixth point made by the appeiiant,
4 which is that If any case Is made IN the Oh
2 proper for the interference of 3 court OF chan
Gerry il Is against the State OF Ohio, IN wnlcl
+ case the Circuit Court OF Ohio could no' eA
ercise jurisdiction.
: TIE bill IS brought, it is said, for the pur
pose of protecting the bank in the exercise o
, a franchise granted by a Law OF the JuIie'
States, which franchise the State of ONO as
serts a right 10 invade It prays the aid %
the court TO restrain the officers OF the STATE
] from executing the law. II IS then, contro
versy between the bank and the State Of oaie
| The interest Of the Stale is direct and lmlne'
diate, not consequential. The process OF the
court though not directed against the state by
name, acts directly upon 1t by restraining the
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. II this cannot be done, the court can
| not take jurisdiction of the cause.
The full pressure of this argument is ielt
and the difficulties it presents are acknowl-
| edged The direct interest OF the State III
the suit, as brought, is admitted; and had II
! been in the power of the bank 10 make II a
! party perhaps no decree ought 10 have been
pronounced in the case, until the State was
| before the court. But this was not IN the
power of the bank. The Eleventh amend
/ ment OF the Constitution has exempted the
-F Of if.4T-G r1fa
| or aliens and the very difficult question 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 tar as to compel
! the State of Ohio, operating upon its officers,
to return to the bank q bout 500, goo improper
| ly collected, when II was admitted n the
opinion that the suit was in substance against
the Stare, and that the suit could not have
| been brought against the officers without
aking the State party but for the Eleventh
amendment, which made 1t q necessity IN the
attinment of Justice to allow the suit to be
prosecuted against. the State officers.
And now the question which / want TO put
to every man here-I would be glad to inn
press il upon every taxpayer IN the States,
If the old court could decide that, what viii
the present progressive Supreme Court OF the
United States decide
at the State, we will operate upon its officers
and compel the restoration OF money I'M
properly collected, D." will not the newcourt go
one step further and say, that when the peo-
pie of the whole State decide Icy "a vote that
they viii not pay One-thlrd OF deot created
by the Legislature, in pursuance Of an athrm-
1T We constitutional suggestion 70 encourage
Internal Improvements, We Win comI'ei 'he /
collecting officers 70 approPrlate SO mucn Of /
he revenue collected as may be necessary 70 /
pay neglected past-due coupons
If the courts so decide, wall they not have
IL 4 -.f 10
the sympathy and approval OF many FeoP.e |
who believe that technical rules ought not to /
stand in the way Of courts compelling the /
payment of debt2
The important question is, viii not the Fed /
Let the people remember that the Supreme |
Court of the United States have held law to |
be valid, enact i by Congress, which pro !
hlbits the States or the people OF the |
State from lending eaeh other cFeal1 N /
com petition with national banks Ih'5 4
is startling proposition, but there seems |
to be no escape from its dire effects. Let the /
people remember that Indictments tor muir !
der by revenue officers in the State courts are !
suppress ed By the Judgments OF United States !
courts. sud the State courts threatened with !
writs o. prohi biJion il they proceed Let ID /
be understood that Federal courts n Arkan-
sas have by mandamUs enforced the payment
of county bonds in the face OF and over the
solemn iudgnlcnts Of She State courts Let IL |
be remem bered that in Virginia'State Judges
have been arrested by Federal Judges for the
manner Of making up juries. These things
show 81 a glance the progress the courts are !
when considered in connection |
with the fact that the political departments
of the Government are tending to centraiiza-
ton, mainly in the interest OF the money
power, all must see our troubles If this COM
promise is not ratified by the people. II ratIh-
ed, the alternative viii be pu5 of accepting or
litigatfng, and the contest VIII be ended, and
We viii be freed from two-thirds OF the debt
which has given US so much trouble
&c /
Of the holders Of coupons SIS see proper suing
in the United States Circuit Court, if they
succeed, attaching and seqUestratInS the rev
anue IN the hands OF the State Treasurer and
ia the hands OF all the clerks and other tax |
that fixes the whole debt upon US,
md then comes the DAY OF sorrow and regret |
among our people. False courage will DEFY
his state of things, but know of no remedy
gainst decision of The character which !
have indicated. Courage to resist wrong when !
he right can be maintained IS valuable |
raft but prudence to accept the inevitable |
md guard against abuses, is also 8 valuable |
RAFT, and I repeat that know Of no remedy
1uI to pay the whole debt, with heavy Htlga- |
ion and immense costs, II the Supreme Court
shall apply the doctrine already established |
If compelling State to restore money wrong |
uliy taken-to the case Of money borrowed |
and not paid.
ask again, snd would ask it with all the I
emphasis which can be put into question, II / {
we by a vote Of the people refuse to pay any
hing will not the Federal courts make a
sufficient advance to compel the payment OF |
he whole debt. When this is done, our bur | ,
lens viii not be lighteneG by the recollection !
IF our opportunity 70 be relieved of more than |
forty millions of the debt.
One word more. There are in Tennessee . |
good many men who commenced this hight
TOR the relief Of the people by bringing
ABOUT q compromise, when TO do SO, |
was to incur much censure, and for the time |
.r be read out Of their respective parties IN
This, these men were the friends of the PEG
pie At large-iTiends at "a time when Jney ,
needed friends-as the whole debt, win al /
bur mislOrtunes, was more than thy could |
bear: but it was not intended 10 repudIatG the |
entire debt. Aud these meu--if reputation |
con fess that their we'll meant efforts TO get re-
lief, have carried the people beyond relief |
into 8 refusal 10 pay one-t ird Of She debt.
Surely the thinking men Of Tennessee wall
not reject shIs omPrCmise-reviving the nghJ ]
with increased bitterness over paying me
" hole debt, we having furnished the bond |
holder with the weapon with which he can |
-Ee dangers we are VIII commit DO sHch Jolly
Al the extra session the low tax men did all |
IN their power 20 settle at SO and T. Since
.hatthc privilege tax Is have been made more |
secure, and will amount 70 near $500, 0U0- The
peuitentiary lease IS now sure guarantee "t
s. Gao, and the railroads have guaranteed |
81 90 g0J, and the signs of general improve !
session Surely the people wiz vote for tins
proposition as relief measure, as d. % IaI |
better than most Of ne supposed we woulH !
ever got, and far better than we viii ever get
again # she anticipated litigation come.
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