Year: 1867

it in two wsys he can execute It BY making mill
sry aespossu at once by unshpplng all the civil III
well by leaving them all untouched. II s not alleged
that Pope threatens that he Is going 70 dspace the
ofncers-the whole machinery OF civil govern
ment In Georgia He has simply said that
no viii execute the law whether ne VIII exc. @
civil authorities execute by leaving them all IN per-
feet play, he has said The first practical thing


be done under these laws the appointment OF boards
OF registry TO make registration Of voters preparatory
to election That Is the natory STEP II has not yet
been taken bat s to be taken and the especial prayer
Of others that are TO follow afterwards Here Is an at
tempt induce court OF equity to stop elections
by decree OF court Of equity, before any registration
is made. The evil lies away beyond that-the evil Is not


In registering the voters but N something that the voters


zion is afterwards to do and something that to be the
result Of all these abors but these things have yet
You 70 stop the registration Of voters They say they
have no adequate relief against that registration
and the evils that lie beyond except in court
cutsd but they must have relief now prospectively


fore they are put into execution and the first thing this
Of great many bills In equity in various States but
never before heard that IL the prerogative Of
court Of equity 70 stop an election What the con.
sequences OF an electionS To make officers and invest
them with powers II these officers and these powers
going to invade any rights they are the rights Of
to court OF equity TO be relieved against an oficer
elected Take the case Of an ocsr Illegally elected At
an illegal elections being so elected be has right 10
intrude upon the legal officer But is that for
court Of equityS never dreamed OF It. II a case
for quo warranto. But these defendants cannot
compel the registration These laws compel
man In Georgia, black or white, to bs registered,
nor do they authorize the military commander to seize
and punish any one for not going to the election Il s


lett entirely TO the citizens to decide for themselves
whether they shall be registered or not You cannot
very we'll stop them What nexts An election is held
Who votes At the election Just who chooses How





tiong How do you know that an election will be
dered or that Il ordered Georgia is going to accept the
Georgia comes here TO protect protect themselves
against all this mischief by not going to the election,
that is going TO displace the existing government But
suppose the people go to the election and vote for dele
gates The delegates are not obliged to to the con-


Ing II they co. they frame constitution That is left
to themselves. Congress simply says that certain
provision regard to suffrage must be inherited in the
constitution or IL will not be recognized by the legsa
tive department the Convention cannot agree there


is an end OF the whole proceeding But II they agree,
election ray it ff the people ratify it will be be-


II they do Il the next step is to to send the consttu
tion to the President, and by him II Is TO be
sent to Congress- and then Congress is to act:
These things all lie in the unknown and unascerained
fdture The appointing Of boards Of registration lies
within the power OF the military commander; but be-
yond that everything choce-everything is elective
Things may happen, things may not happen just &C.
cordng TO the temper and disposition Of the people who
to act no one Of us is so wise as to see into


that future and know what Is happen whether the
mischefs that these gentlemen in the distance
ever going to take bodily shape As yet the case is like
nothing Of substance in IL ADd vet IS sad to be
case for court Of equity The court does not sit for
the purpose Of deciding questionsuncertan questions,
way or another way Courts cit for things practical
for rights ascertained, for injuries committed
to things S ,d in shape IN substance ns tangible
practical threat TO nure that thing before the prevent
i've power OF court OF equity can be invoked Now
certain, contingent They say there Is mischief in the
future, but whether 1t win ever come mortal man
knows or can see This point was illustrated BY refer
which have becn held not TO be cognizablo by
court Of equity for preventive relief II the Court
pleases, have perhaps spent time enough on these
points; and now to the last point. which is that
have here, after all, nothing but political case.
s"mmsea IS oonsumma.ed suppose shatiwnat is pro-
posed TO be done donc and all that s future and con-
tingent become actual and past and . constitu,
Georgia, and then an appeal is made to your
serve the right Of the contesng State organization
the State government OF Georgia What of qucs-
ton would your honors then encounter Just the same
that you encounter In the Dorr caseLuther Borden
preciseya new constitution formed by the people OF
State, under the authority OF these acts and an older
authority Is they aIiege These two soversgnties At
enter into contest for supremacy that sort Of
o Uu s sy


70 court Of equity they will settle that BY force The
Old State government II u legal one has right %
State. II that .usurped government brings against
!. force that i cannot withstand, what
equity, TO ask them 70 enioin the advance
Of the hostile force 70 70 the commanding general


lyon shall stop your march we hold that you are not
ton contemplates exactly that state Of things II the
existing State government Of Georgia which these gen.
tlemen represent 10 the legal State, Il will remain The
legal State. notwithstanding these laws II, as they
say these laws unconstitutional and void author
ity gwen under them can ever prejudice the State L.
there remedy II the constitution ID supported
by armed force greater than the present
can bring to bear against IT, what is the remedyS A
Mo- but Congress and the Presidcntthe polti.
cal power. They there precisely In the situation
pointed out by the constitution-a State 10
insurec.ion. lawful State waTed upon by an
using force against force that the rghtful State
overcome Then comes for political inter.
S.c,do Sde' which Of these T two ~ is % the rghifSi
State. and when they decide IL II Is decided
70. your honSrs .s and TOT q. . 70, tina. % sSs s1s
from the Of New York versus Connecticut a Da.
las, a. and Rhode Island versus Massachusetts, az


jurisdiction Of those cases involving questions Of boun-
dary because right 70 land was In dispute. The fact
that political consequences were involved was mere
incident The OF the Cherokee Nation versus Geor
ga IS Peters, II, attempt by the Cherokess a.


separate nation prevent the execution Of certain


laws Of Georgia violating their rights secured by treaty
but the court declined % interpose 10 this way In the
Of Osborne the Bank Of the United States


injunction had been sustained 70 prevent the collection
Of . state tax the shares OF the bank; ;
but that private corporation and the remedy ap
piled the only reach the that there was
no parallel between that and the present
II the Wheeling Bridge cited, must be that
the State Of Pennsyvania was granted relief not because
Of her political bat because she was the owner
Of canals and railroads terminating at Ptsburg, costing
her treasury many millions which II held would be


rreparably injured by the bridge Have the gentlemen
any such easel Not 81 ALL can see ground upon
which anything like judicial cognixance be founded
by any power OF this court The great stubborn question
which unhappiy agiaies the country from one end


the other cannot be settled by the judgment Of this
II will finally be settled and hope rightly; but
when come 10 argue II must 90 70 another forum, TO
another tribunal than tbis-forget that q lawyer
and argue II altogether a. q citizen.


Arguaeat Of Mr. Charles OsConsr.


Mr.. 0Conor said:-May II please the Cour,
the learned Attorney General has not failed 70
suggest every objection Of tho most minor
description which could bs urged against the bill


lsd In behalf Of the State Georgia He has observed
that, considering the grave lawyers engaged In
the cass, IL 10 rather singular that the bill does