The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-03-23
LIBERTY ENDANGERED BY EN-
LARGED JURISDICTION OF
FEDERAL COURTS.

Hon. Thomas G. MacRae, of Arkansas,
| is one of the strong men in the House.
| He is a Democrat who learned MS les
sons in the school of Jefferson and Jack
son. He has old-fashioned notions
of Democracy. He believes this is
Republic formed of States. He writes
the United States, ARE and never
| us" One can tell whether a man is
Democrat or a modern Federalist by not
| ing whether he writes are or lis" 1t
is the infallible test.
In a speech in the last Congress Mr..
| MacRae touched upon the dangers that
| confront the Republic, showing that cen
| trali2ation and usurpation Of power by
the Federal Judiciary were the two chief
dangers. We quote IA few extracts:
Mr.. Speaker, | am surprised that this
measure should be approved or support
| ed by anyone who has regard and respect
| for the dignity and sovereignty of the
States that constitute our Union. 1t APP
pears to be an effort to belittle, humiliate
| and degrade some Of the Southern States
whose credit was in Il large measure de-
| SIFONeu ny Ine war Oh Jne TeDelllOn ana
| the reckless partisan legislation of the
reconstruction period. 1t is an effort to
| extend questionable jurisdiction and a
| dangerous power to the Federal judi
| ciary and should be resisted at every step.
Never before in the history of our gov
| eminent was it seriously proposed to au-
| thorize and direct an officer of the gov
| eminent to institute any kind of action he
might consider advisable against Il State
or its representative. And yet we are
asked to take this unusual, unjust and
unprecedented action without the judy
ment and opinion of the Attorney Gen
eral or the Judiciary Committee as to the
constitutional power. am aware
| that those who are pressing this bill con-
tend that the Supreme Court in the North
Carolina and Texas cases has decided
that the United States have the power to
sue a State, but there are many who dis
pute the correctness of what appears to
be the obiter dictum of these decisions.
But, Mr.. Speaker, whether we have
the constitutional power or not, | want to
say, in all seriousness that as this gov
eminent has passed the first century of
it's existence and reached the first place
among the ma tons of the world without
| the exercise of such power, it ought
!lOL 1T lUlS laJp udy 10 invoke II, even
| if it has the right to do so. Think, sir,
of the Governor, Secretary, Treasurer,
Auditor, and other representatives OF a
State government being sued in the Fed
eral court, and a Judgment against the
State on these old ante bellim bonds
| Is it proposed that the officers of Il State
are TO be dragged into court as if they
were the agents of Il corporation? Does
| the United States propose to cOerce the
payment of these bonds by interfering
with the functions of the State govern
| ments? 1t has been very properly asked
how a judgment could be enforced
against a State, and why obtain it if it
cannot be collected? The power to rem
der judgment presuppOSeS power to en-
force it to the extent of the property of
the judgment debtor, and if we admit
that the States must submit to the juris-
dctiOn and abide the decision of the Fed
eral courts, then may not these courts
in their reach for power hold that the
lands and other property. including the
revenues, of a State could be seized under
execution or punishment? And if so.
may they not ask for all the power of
the National government to enforce their
orders? If we yield the question of jul
risdiction and grant express authority,
the modern Federal Judge would furnish
the method. Once subject the States to
the Federal courts, and you need not be
surprised to find the government of some
poor, feeble State invaded by Federal
officers, and run by injunction or Federal
receivers in contempt Of the laws of the
States Little by little the jurisdiction
of the Federal courts have been extended,
until now 10000 miles of the railways of
the country and thousands of other cor
porations are operated and controlled by
them. Who has not seen county and mu
nicipal officers imprisoned for failure to
obey them? One great danger that
threatens the liberty of the people and
rights of the States is the increasing pow
er and enlarged jurisdiction of the Fed
eral judiciary, and, so far as | am con-
cerned, | will never. by my vote or other
wise. consent that the State that have
the honor in part to represent may be
sued. The very suggestion of such a
proposition ought to arouse the opposi-
ton of everyone who desires to perpetuate
our form of government SO far as /
have heard. only one man in Arkansas
has approved the bill and asked that it be
rushed through"
The attempt to settle through govern
ment by injunction" the mooted question
as to the validity of the lease is such
an attack upon the State as ought to be
strenuously resisted. There is some di-
vision of opinion about the validity of
the lease. There is no room for division
among Democrats as to the dangers of
Federal domination of sovereign States.
We have printed nothing in many
days as elegant as the tribute to Mr..
Glndcto .ooniod from tho WnS Ii n ntorn