Newspapers / The Daily Journal (Wilmington, … / May 1, 1867, edition 1 / Page 1
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t 4?.' Will a. .17.1J ?.. t; VOL. XVI-1ST0; 183. - WILMINGTON, N. C.WEDNTSD AY MORNING, MAY 1, 1867. ..... . . . . - 1 - - . - ....... WHOLE NUMBER 4,596. II V V I Railroads. WILMINGTON B. tt. OmoiOEizr EitonnEEi A 8uP-j-nrrriDEirr, " , WlUIWQTO, HOT, S..I8C0. f - Hnr:-CT:' ' ' CHANGE SCHEDULE.' -s ' Olf aid ftfitr Monday, t 5tl last., ths following fast Schedule of time will be rmn over this Railway : OOINO 50KTEL ! Lear Wllminfrton.... 4 M A. M. and 11 05 A. M. Arrive at GoldHboroV. IDA. M. and 2 67 P. M. Arrive at Weldon. .... 3 00 r. M. and 68&P.M. . OOISQ 60UTH. M V - Leave Weldon 11 00 A. M. and 7 85 P. M. Arrive at Ooldsboro. . 3 00 T. M. and 11 60 P. M. ArriTe at Wilmington. 8 00 P. 1L and i 80 A. M. Close connections are made by both train go in ir Koutb. Tbe- A. M. train from Wilmington, and 11 A. M. train from Weldon, do not run on Hundays. Close connections are made by tbe 11 05 A. M. train both ways between Mew York and New Or leans. By tbe train that leaves bore at 11 05 and the one that arrives bore at 4 80 A. M.f close oonneo tiona are made between New York and New Or leans. Connections are made by th other trains, but require more timo. To go North, by Day Line, leave at A A. M. To ro by ANNEilESBiX leave by the 11 03 A. M. train. Either train con cocts by Uicbmond. Close connections at Ooldsboro' with the N. C trains by tbe 5 A. M. train and by either to New bern. B. L. FllEMONT, . Cliief Engineer and Buperintendent, , Nov. 4. 17 tf Papers sub tit ate this for present notice, ' MRS. BAKSOH'S FFMALE SEMINARY. W I Ii M I N O T O N , N ... 0 f. ,7, milE SECOND TEEM OP THI8 ESSTrTUTION 1 will Ix gin on the 3d of Febrnary and close on the 28th of Jnne m-xt. -: - ' -' A Board of Victors, composed of gentlemen hoso names ill be announced hereafter, baa been invited. This Board will be present at tbe examinations, and will visit tbe Institution at other times to examine into all matter ncrtaining to the Seminary, and a full report of its observa tions mm do mau ... It is imtxtrtant that nutils intending to enter for the next term should do no as soon as poesi ble. For particulars, apply to Maa. KOBEET RANSOM, '.. ri ; li i .Principal. Jan. 28 - . . . . 104-tf TnLHIXCTON & mAXCUESTER.lt. R. Orncx Qes. Bcrr. Wn, & Slut. Bail Koad, I WxuirsaTon, N. C, March 12,1807. J CHANGE: OP iCHEDULE. ON AND AFTEft THE 13th MABCIL 18C the following Hchedule will go Into ellect tbe Wilmington a Manchester B. B. : EXPBE3S TBAIN. Leave Wilmington dally at Arrive at Kinsville " , Leave KlnRsvOle ' Arrive at Wilmington ....... .0 43 A. M. ACCOMMODATION TBAIN. Leave Wilmlntrton daily at 8 20 P. ML Arrive at Klngsville . . " ..., 8 00A.M. Leave KingMville ' " 4 15 P. M. ' Arrive at Wilmington 8 69 A.M. Close oonneotions made by both Trains at Wilmington with the Wilmington it Weldon Bail- road, at Florence with the North Eastern Bail. road for Charleston, and at Kingaville with the Booth Carolina Bailroad. W1L MacBAE, Nov.4-33-tf Oeu'lBup't. a 30 A. M. 1 20 P. SL ........ l ij o JU, OmcB Qsaii Buf't Wii. A Mas. IV. 11. Co., ) Wilmington, March 6, 1867. f I'KTIt Fl'RTUER K0TICG rpIIB xollowlns; rates will be charged on JL Orain from WUmington To Charleston 15 cts per bushel " (Jncraw l'J " " Columbia. 13" " " Augusta, 15 " " WM. MacRAE, General Superintendent, march - 135-tf Educational. KEIISE RIVER ACADEMY V l n glTTATED In Wayne- teaatv, IT, two miles north of White Hall and seven miles from Moeoly Hall (Depot). . ; ";", runts : ' Primary Branchofl......... $10 00 8cirnc-8, ftc.. . . . 18 00 Lfinfrnaees, Ac 25 00 ltoard can be iiad in hiciily respectable families ror uu per mont iu no incidental expenses. 1 ROF. 1. x. UllAUY, JR., - ' Principal. feb8 :.i.T, v..; ,;..;. .118-tf f Mercantile; SPMNGAKDSTmililER GOODS. m;: KATZ & CO.,8 n UiAllKCT STREET.!! TTTK ABK UPJCflSO A LAROE AJSOHT- f.ljnentof r,";;.:::".:'.: ., STAPLE AXI FAXCY DRY GOODS, ... ri t , Consisting of ' : PRINTS from 10 cents per yard np, POPLINS from 25 cents per yard np. SILKS, " GRENADINES,. JACONETS, - LAWNS, MUSLINS, C B ALLIES, MOZAMBIQUES, BAREGE BOOING II AM 8. a- TUB DAILY JOURNAL. WILMINGTON. N. C. 'it ill ?- -A Mrs. E. A. Gillie an ILL open btr School on October 4th. on Mulberry, and 6th streets, , ' i Sept. 23 W Thursday, between Dth Transportation OfQce, WmaxaTow, Cbaiilottk & R. It. R. Co., I ... Wilmington, N. O., Nov. J, 1800. J ITROM AND AFTER JUNE 1st, 18G6, the Mail ; Train on this road will -leave Wilmington at 7 o'clock, A. M. on XuesdavsThursdays and : Satnrdavs, and arrive aKSand Jlill at 8 o'clock, P. M. Returning will leave Sand Hill at 7 o'clock, , A. M., on Mondays, Wednesdays, and Fridays, and arrive in Wilmington at 8 o'clock, P. M. WM. H. ALLEN, . Master of Transportation. Nov. 1 SO tf 8ECUKO SPRING STOCK THE LADIES' DEPOSITORY. IN VIEW OF THE CONTINUED AND IN creasing destitution at the South, and in oom- plianco with requests both at home ana abroad, a number of iadiex of Baltimore have formed them selves into an Association, nnder the name of "THE LADIEb' DEPOSITORY." Its object id to receive- needle and othor work and to diHposo of it solely for the benefit of its owners. Orders wnl also bo taken at tbe Deposi tory for anv kind of work. so. a to provide em ployment for those wbo have not the nccesanry waieriu. , : As considerable exixjuse will be incurred Ui pro viding a place of business and the requisite aais tantd, and as the enterprise cannot of eourfte be solf-supporting,- the- Association mut . depend upon the oOMrilrations or its mends, ine annual subeertptioQ has been fixed at $5, and all wbo are favorably disposed are earnestly requested to give tbeir prompt ana noerai aid, by donations or otherwise, to help those who are doing their ut most to help themselves. -.. ; , The Association liavo taken the store do, Vli, Lexington street, and expect to be in operation by the llth of February. i. President '''','.. Mb. PEYTON HARRISON. Vice Presidont : ' ' Mkb. JOHN H. B. XATROBE. Treasurer:-- ' - i Mb. w. W. 8PENCE Bocording Secretary : Mas. JAMES A. STEUART. . Corresponding Secretary : Mas. THOMAS MURDOCH. Managers : Mbs. CHARLES J. BAKER, 34 South Charles Mns. J. J. BANKARD, East Baltimore street. Mbs. J IIABMAN BROWN, 70 CourUand street. Mrs. JOHN DUER, 147 Charles street. Mrs. A. D. EGERTON, 230 Howard street. Miss FRICK, Charles street. Miss FOTHtllOlLL, Garden street. .. Mns. JOHN H. G1TTINU3, Monument and St. Paul strMts. Mrs. J GOLDSBOROUGH, 234 Eutaw street. Mihs HARPER, 10 Cathedral street. Mrs. PEYTON HARRISON, 90 Read street. Miss DOB A HOFFMAN, Franklin street. Mrs. CHARLES HOWARD, Cathedral street. Mrs. HUNTER, corner Baltimore street And Bi0ft(lwfty Mrs. JOHN U. B. LATROBE, Read and Charles streets. Mrs. MERtiICK, Monument street. Mrs. TUU3. MUHDUCU, uo ward street. Mrh. BKAD, Mulberry street. Mrs. T. PAHKIN KCOIT, 16 St. Paul street. Mrs. BAYABD H MIT II, 101 Monument street. Mrs. W. W. HFENCE, Bolton street. Mrs. N. It. SMITH, Saratoga street. Mrs JMES A. STEWART, 103 Park street. Mrs. B. B. SPALDING, Charles street. feb. 21 . 124-tf iruiTE coods: SILKS, MULL and. : ! h . , ' 'A BISHOP LAWN8, '', ' , , NANSOOK, ORGANDIES, , ... , , , , . JACONETS, EMBROIDERIES THREAD and CLUNY LACKS, -TABLE CLOTHS, TO! DIAPER, , " LINEN and i " ' ' : ;i;f' COTTON SHEETINGS, -.-v.- V' SILK MAXTLES, 4 BAREGE GRENADINES and . ZEPHYR SHAWLS. i LADIES' FuiRXiSULXG GOODS ; 1 PARASOI-S, . HOSIERY, ... -5 GLOVES, -vA..:...-... ,: ,5, CLOTHIXG, . . , , . BOOTS, . i . . . SHOES Zi WEDNESDAY. MAY 1, 18C7. ! ARGFHKWt OF CIlASO'COSOR, KSq-. Mr. O'Conor. May it please the Court, the learned Attorney General has not fail ed to suggest every objection," of the . most Tiinor description; .-which could bo urged against the bill filed in behalf of tlie State of Georgia. He has observed, that c6nsid ering the grave latryers engaged in thoease, it is rather singular that the bill does not contain even a prayer that the defendants answer. The bill commences -with the state ment that it is filed by the State of Georgia against these three defendants, and com plains of them, and concludes tvith ' the common, ordinary prayer for a subpeena, as well as preliminary writ of injunction directed to these parties, commanding them to be and appear, and to stand to; obey. abided and perform such order and" decree in the premises as to your Honors shall seem meet, ana snail be agreeable to equi ty v It is not unusual, in the common form to insert; 44 and answer the premises;" but . AND In fact, every variety of Goods class Store, y NOTIONS. found in a first At prices old times march 31 WHOLESALE AXD RETAIL. to compete with tho6 good and past M. M. KATZ & CO.; J 23 Market street. ' 17 . MILLIXERY. S r R I N GT Y L E S ! XTTE'LL OPEN ON TUESDAY, APRIL 2D, a VV ' fall assortment of latest Styles . BONNETS, . " :. HATS, -,- - FLOWERS, RIBBONS, SILKS, CREPES, LACE8, TRIMMINGS. Thanking the Ladies for the kind patronage heretofore extended to us, we hope, by our st y l e s : :. "; and"' .-' a 1 ' L 0 W PRIG E S, to merit a continuance of the same. march 31 M. M. KATZ & CO., 23 Market street, '': :,J 157 ARE NOW OPENING OUR SECOND SPRING STOCK OF DRY GOODS, 'Which we offor at a still greater reduction in prices: Good Brown Shirting 12 Cents. Common Calico 10 Cents. Good Calico... ,..12 Cents. Very Good Calico... 16 to 18 Cents. ' Bleached Shirtings, 12; II, 20 and 25 Cent. Handsome Muslins 23 Cents, 1,000 dozen Hose and Half-nose, at very low prices. aiERCUAXTS OF W1LMIXGT0N APVEKTIBX Cf THE 81MTKU NEWS. THE above named paper is published weeklv in Sumter. S-C. which beincr imme diately on the W. & M. Railroad in Jirect com munication with Wilmington, and having a large circulation in the section in which ii is published, is ottered as a durable advertising medium. Term iwerau ., Address DAKH U3TEEN, Proprietors. feb. 10 115-tf ADMINISTRATOR'S X0TICE. TUB Subscriber bavins; quallfled as Ad ministrator de bonis non, upon the estate of rtimuel J. Beery, deceased, at the September Term, 1866 ot New Hanover County Court, hereby notifies all persons having claims against his es tate to present the same within the time prescribed by law, or this notice will be pleaded in bar of a recovery. All persons indebted to the estate of his intes tate, are requested to mako immediate payment. Administrator de boni non. Dec 19 70 tf LIMITED PARTXERSIIIP. NOTICE is hereby given that the tinder, signed have formed a LIMITED PART NERSHIP, in accordance with Acts of tbe legisla ture of 1860-'61, entitled "limited Partnership," Chapter 23, for five years, to date from January 1st, 1867, and to terminate January 1st, ivx The nature of tbe business to b transacted is a general Wholesale and Commission business in the city of Wilmington James A. Willard aud A. A. Willard of the city of Wilmington, are the GEN ERAL PARTNERS under the style of "Willard Brothers." W. H. Willard, of the city of Raleigh, is the SPECIAL PARTNER, and as such has con tributed and paid in to tbe capital stock, the sum of seventy-five thousand dollars ($75,000) in cash J AO. A. VY lJjJLia.IkJL, A. A. WILLARD, i General Partners. ' W. H. WILLARD, j Special Partner. Wilmington, N. C, Feb. 27, 1807. 129 tf ' L. A. EAST, ' -JOHR O. BAILTS Wilminirton Iron and Copper Works. HART & BAILEY, Pbopbuctobs,' No. IT, Front SUeet, below Market, : WlLuxington. M. C. : NftS .--r xifcrr-.T- r : i-r"-' "-. ' A CARD. I10USE-KEEPIUG GOODS In every variety. A splendid stock of LADIES DRESS GOODS, which we will sell at NEW YORK TRICES.- OUR CITY PLAN: rrWIE Subscriber bavins refitted his 1 boratorv. is now prepared to make analysis ot soils and fertilizers, or any substance tnat may be desired, which will be done on moderate terms. r Special attention devoted to Agricultural cnem- letry. . . .. Office journal Buudings. D. M. BUTE. Wilmington, N. C, mach 1 131-tf PAIXTS. OILS AXD GLASS. A LARGE lot Just received, consisting In rt. part as follows : English and American White Lead and Zino, io,uuu IDS. Assorted colors Dry and in Oil. 7,415 lbs. . Window Glass, 300 boxes. Linseed and Machinery Oils. ., . Varnishes, Uruahes, fcc, Ac ,ror sale at tbe low est prices, for cash, at - - N. JACOBI'S, . aiaries Bireei. Deo. 23 . 77 WE ARE NOW PREPARED TO FURNISH, on short notice. urass ana iron uasungs, nnisnea ana nnnn ished. i t - i . New Machinery made and put up." Old Maohmenr overhauled, i . ? ; All kinds of Patterns, Ornamental and Arricul- tnr&L -; ..--j ; Will supply Drafts of all kind) ox Machinery and Mfllwork genarally. -------i .-. . . I TURPENTINE AND WHISKY STELiLS, AND RIRI.KS. PRAYER ROOKS. Bmail rroilts and Jbarge aaies nu been a splondld TISAMLA and Hymns and Selections," JL Psalmists,'' "Psalmody," "Hymn Books," , ouccess. WE SHALL FIGHT IT OUT ON THAT "'. LINE." . Tolile altentiou and fair dealing ;to all or our Customers, we feelassurod, will entitle us to a oontinuanca of th Uboral patronage we Lavs ro coived this Spring. . ii JtSTREiLEilBER, WE SELL FOR CASH ONLY t tpril7 HEDRICK A RYAN. 163-tf fa::ily croceries, VKB.T low to Cash, at GEO. Z. FRENCH'S. . - april 23 - 178-tf IIAYI HAYIt LUIII! OfNA BALES now lanlnt and lor sale low from ths vrh.rf by v and " Presbyterian Psalmodiat.' Received at - LOVE'S BOOK STORE, .feb. 19 V 7-. . :: ' 123- - COOPERS WASTED. mwi) first class Spirit Barrel Makers can X find steady employment by application to - fETTEWAY A MOORE. feb. 21 ' - ,- - . 124-tf . FAXCY GOODS. Kj ,: PARASOL8, - f HANDKERCHIEFS, :'J " :'. '' , C0B8ETTS. ; ? ENGLISH HOSIERY, Ac - - - ujuunum. iiXAN. inarch 17 145-tf COTTON YARXS. t; rrTLTi biter manufacturing compa- j ny goods; Kandolph Blauuraciunngr cwmpany uoods. iror sale bv ; - , - .. ... WTLLIAMS A MURCHISON. . april 23 , . -r.., 181-lw ALL IOXD CF ELAXES T70R BALIS . . -.-.-.f- JL AT COPPER WORK ' in all its branches. ";f : ' - ' : i A full supply of Beltine. Packine, Hose, Steam and Water Pipe and Fittings. . MacMna Bolts. Nuts and Rivets, and all other articles creneraHv found in a Machine Supply Store. . . i . - . . . j i , Also a large lot oi crucibles, rrom no. so o iw, and warranted good will dispose of them below Manufacturers' prioeB.- Terms Cash. - i Marohag.''" ' - - - ' !& tt Laborers and Servants Furnished. fTAHK Undersigned is prepared t furnish X st short notice, negro laborers for COTTON, RICE. TURPENTINE or other plantations. House Servants, Mechanics, Ac, on reasonable terms. Omce corner t-'hestnut and water btreets, over H. M. Barry's. ; "-ju - ' U. JS. BUJ1T, k P.O. Box 199. Wilmington. C, April 10. - 165-lm.- ' Faney Brands Hi C. Family Flour. A89LAIJ lot just received, in bbl. and bags, for Bale low, for cash, by "f ? ?.;; ; , . , i ,itiua. u. Ai!iWi9 ; ..... . r .t.vA . '- - "8 Market street. ' aoril 27 . 180-lw. that is the merest form, and when suggest ed by the Attorney General, it appeared to be suggested with some sense that it was unworthy of him and of the case. If it be a form at all. it can be readilv amended. and. certainly, it is a matter that does not belong to a motion to dismiss the suit for want of jurisdiction . s Again, the learned Attorney General has suggested that this bill, in praying for this injunction, has sought to enjoin in general terms, by the preliminary injunction, all and every act that might be resorted to for the purpose of exeouting these acts of Con gress, which lie has called laws, but which I call acts not lawful acta, but unlawful acts. He has overlooked the circumstance, even in this minute investigation of the mere attorneyship of this complaint, that two distinct , preliminary injunctions are prayed for one in general terms forbidding anything to be done towards the execution of these acts; the other specially selecting the particular acts whence the mischief sought to be prevented must draw, its life and origin, and stopping, as was 1 very cor rect certainly, when it nad designated those particular acts, and making no eflort to en join or to prevent ulterior or subsequent acts by high departments of the Govern ment, whose action is entirely beyond the jurisdiction of this court. It will be seen that the idea of the pleader was, that if this court would see that these acts were in their whole length and breadth, in every single thing directed to be done under them, ut terly void and unconstitutional, some min or details, which might of themselves be valid if standing alone, were altogether and purely auxiliary and leading to the other, and therefore to be regarded as unimportant and insignificant in them selves, so that the court might order the injunction in general terms, and if there was a technical difficulty in that respect, or it would be improper to deal in that man ner with thQse acts, then the particular things proposed to be done, and from which the evil was to ensue, were specified as the subjects of a particular injunction ; and the prayer is, that the court grant both or one of these injunctions. If the coun sel who may have participated in framing this bill have been as wise in action as coun sel as they have been accurate in their mere composition as attorneys or pleaders, in the judgment oi this court, we escape pretty effectually from the argument which has been offered against US.- ''- --;' -5w:v:'-;.:-:-..": The disavowal by the learned Attorney General of any sympathy with these acts, with their aim, motive, or method, must have much effect to disarm any observa tions that it might be proper for us other wise to make by way of exposing to con demnation the tenor of these acts and the objects that they have in view, looking to the general nature of that object. But the great point, and what may be called the first point in his argument, is, that looking to the frame of this bill and its objects, there is no evil pointed out, and there is no right sought to be remedied, falling within the ordinary cognizance of a court of equi ty. - It is said that we can suffer no injury, because the existing government is not to bo abolished, and nothing can happen un der these acts of a mischievous character except those things which are hereafter to ensue, if at all under the action of Congress after a convention has been held, and a constitution formed, and a government framed under it. Now, I humbly submit that the learned counsel has not stated with precision the effect and operation of these acts. They do provide for something ulterior and beyond the holding of a convention, and the crea tion of a State government with its regular legislature under the same. They do make provision for a report of these facts to the President and to Congress, and for the ad mission of representatives from that newly created government into the halls of Con; gress ; and that we do not seek to enjoin. Bat it is a mistake to say that the acts pro duce no effect until this new State is thus admitted through its representatives to the halls of Congress. That is a re wardi a promise held out, 'provided the State gov ernment and its-, legislature shall exist un der a constitution approved by Congress. But, -independently of all such action as this, these acts not only establish a military government, which the learned counsel says is in some sense discretionary, so far as its exercise, against individuals is con cerned, but it authorizes and directs it commands the holding of an election, and the holding of a convention in case the electors vote for it, and the establishment of a new State government ; and the first act further declares that, until these States shall be thus admitted int? Congress, any civil government that may exist therein shall he deemed provisional only ; and it provides that in all elections to any omce under sucn provisional governments, all persons shall be entitled to vote, and none others, who are entitled to vote under the provisions of the fifth section of that act, and those per sons are the enrolled and registered voters admitted by the act, and voting at elections held, not by the State officers, but under the direction of the commanding general and by officers appointed by him. , xne eneCX IS xo restrain u uua iue uoiu . . , ... . . i .. ence. it is snntituung in us piace a new government, either - provisional -or - other wise, to be created under a new constitu tion, and to be elected by a new and inde pendent class of electors. - What as thd Ef fect of this upon the State government and un tbe State now existing? The ellect is precisely the &Hiat-,,&ud in the case of a private corporation, which could only keep op its existence by regular periodical elec tions by its stockholders, the persons hav ing en interest in it,, the owners of 'its fran chise, and the right to perpr'tnatfl it; thpy were forbidden to vote, depnved of the right, or si large number of thorn were de prived of the right, and a mass of -persons having no right whatever were introduced for instance the inhabitants of 'tho vari ous towns through which a company runs its rihoad.;';Tbis. is a directattaclcjippn the constitution of the - corporation in the case supposed a direct attack upon the constitution and fundamental law of the State in tho case before your Honors. In tho ease before your Honors it may be of importance that it should be understood at the outset what we mean by a , State. We claim that a State consists at all times of the persons in whom reposes the ulti mate sovereignty or dominion, whichever name may be given to it, the sole power of government within that State. In other words, each State of this Union, and every republican State,- consists of the whole body of electors, those who by the estab lished fundamental law of the State have in them the entire power of govennent All other persons are under the protection of the laws, to be sure, and are entitled to the advantages of the government; and be stowing those advantages is a duty devolv ing npon those who possess thu: political power. But the political power and the State, in a political judicial sense, recog nized in courts of justice as a body politic, in which capacity alone it may appear and act, is composed of what is sometimes called the great body of the, , people, but which, to be definite, and for the present purpose, I will designate as the electoral body those who vote for the legislature as the fundamental of all laws existing in the btate or Government. The State of Georgia stands before this court as being a State in1 its political ca pacity and as capable ot judicial recogni tion, composed exclusively from its very beginning to the present time, and under its constitution of I860, of white male citi zens above the age ox twenty-one years, who have; performed the ordinary duties enjoined by the State . in contributing to the burdens of the State government in the manner provided by law, as far as they have had an opportunity of so doing. There are in that State, according to the censuses which have been taken, a popula tion, composed of persons who never had these qualities, 'who are not members of the atate, nearly equal to the white popula tion ; and the question before this court of course is, whether they can believe what is asserted in thi3 complaint, that if the door is opened to these persons, they wiU exer cise the privilege of seizing upon the gov ernment, grasping the political power, and constituting a new and dillerent State alto gether from that which has heretofore ex isted, and wipe out of existence the Geor gia of 1776 and the Georgia of to-day, with all her corporate rights and franchises as a body politic. That is the question Whether that is not an evil in law which can be perceived ' and. appreciated by the court, a deprivation of right vested in that btate, in respect of which the btate is en titled to protection fronv some quarter, not a court of equity allow nn injunction to j rejection in tli convention oi tho propo-l-e&trnin ami prevent that act if tho cireuni- j fiition for a council of revision offer no ob fctances were such that there was a serious ejection to the jurisdiction of the court in reason to apprehend that it would be per formed T I submit that no proposition np on the authorities can be clearer than that; and tho ground of ibo jurisdiction of a court of equity in such a case may well be compared with the action of courts of law 4o the correlative of this artificial person this case. He says this court was thereby divorced from political questions. Not bo ut all. This .court was divorced from any participation, in any shape, in legislation J or, at least, legislative power was not con ferred on it. - The jurisdiction of the court na a court created under; the . Constitution. a corporation namely : an individual per-1. was, of course, intended to apply to all son. An individual who is threatened with j questions with which th court was capablo injury to his person, to his liberty, to his iff dealing, j My learned friend has spoken life, is not allowed to come into a court of j of ft jvo vmrunio os being tho proper r om en uity to seek relief against it.' And why? cdy. There : can be no quo varrartid in mis court upon 1110 uovernoroi ft otato for exercising his powers. " That is a State office; and I apprehend that a quo warranto ujr mo juuiuiurj ui u. oizvio againsills MOV' liocHiise the criminal laws 01 tue land on the common-law side of the courts as all criminal laws must bo administered on what we call the common-law side give a man Lis sureties for the peace, snd ; enablo him to imprison the person who threatens him an injury. If the injury be perpetra ted, falling short of actual loss of life, ho has his remedy by action at "law, because he lives to bring it, " He has his remedy by an indictment, because the law of the land will give that remedy : and if slain out right, he will be avenged by his competent successor, the people of his country, who survive him. Bat in the case of a corpo ration there is no criminal lawthere is no criminal administration, and no civil com mon-law process whereby it can be saved from an action that would terminate its ex istence, or a prevention which would ter minate its existence. Its remedy, its only remedy, is to go into a court of equity, show the impending danger, show the ne cessity of its being permitted to exercise its franchise, and obtain an injunction to restrain tho individual or individuals who would prevent that act. This doctrine is fully sustained by the decision of tliis court in Dodge rs. Woolsey j 18 Howard, p. 341. Isow, if Georgia cannot nold her olootion, her government becomes extinct ; her peo ple, those who now constitute the State, have no longer any representatives who can act in their behalf ; as a corporate entity the State i extinguished, and as a corporate association the people cease to exist. For such a purpose, I ask; is not an appeal to a court of equity the proper and the appropriate remedy ? Is it not the only remedy under . the equity system as applicable to minor corporations ? And is it not the only remedy , under the equity- system of this high tribunal as axplioablo to these great corporations that come here under the Constitution by which this tribu nal was formed and erected, who have se cured in that Constitution the right to main tain an action in this court against the peo ple of any other State than their own who may invade any right, of theirs ? I ask whether it is not precisely the appropriate remedy for that greater corporation, a State of the American Union, in order to guard against its threatened extinction by means which are unconstitutional and un lawful? ;. :,-';:...-.:.-.; lint it is said tnat we nave not proper and competent parties ; that here is a suit against Mr. Stanton, General Grant, and General Pope, who happen to be citizens of other States. But, says the learned coun sel, if they happen to be citizens of the District of Columbia or of some Territory, the State would have no remedy in this court, and would be obliged to go without any. Now, with great respect, that is a very narrow view of tho subject. The Con stitution of the United States has under taken to protect these : States against for eign invasion at all events. It has under taken to protect them against domestic violence on application, and not otherwise, crnor would be very much like that which my friend condemned: the other day a" writ issuing out of this court against tho ' Chief Executive, i ; j s ; , 't My learned friend bus said much about ' all this evil being contingent and future; 1 but we liavo presented, plainly and distinct- 1 ly, fact3 that cannot bo denied, and have not been denied. : The; President says ho will execute these acts. I General Grant has issued an order, that is set forth in the bill to tho commanders of these various dis tricts, transmitting to them copies of the acts, and declaring that they are to be car ried into execution.- The minor officers have declared their intention to execute them. ? My learned friend says that the j court will not act upon fears and appre hensions. .. The fact is quite- otherwise. A i bill quia timet is one of therery heads of j equity jurisdiction. It must, to be sure, bo I a stable and substantial fear ; but when the Executive of the UnitedStatcs declares that ho will execute a certain set of provisions, , : when his General-in-Chief declares that he ; will execute them, when that necessarily involves tho bringing into play of the wholo muitavy ivroe 01 tue union against a par ticular State, shall it bej said that Jhe fears are not substantial ? My learned friend has uueeested the lack of precedents as-a difficulty. The lack of precedents as to what ? Not a lack of precedent that a State may sue in this court for the protection of its mora fran chises as a State, for the assertion of its sovereign authority over territory, or of its governmental authority and political au thority, if tho word "sovereign," is not considered appropriate.! The decisions are numberless, l may say, that a state may bring , such a suit. Bat he says that if a State conld bring such a suit against an in dividual, we should nave bad a great many more instances. No individual lias ever be fore in this - manner attempted to assail a State, and it may be hoped that no indivi dual ever will again if this court lay down the law and enforce the Constitution as we suppose them to exist, j The lack of prece dents is only an evidence of the enormity of the act which is now brought under the observation of the court, Again ; my learned friend finally comes to what is his grand point in this case, that th subject-matter of the - bill, the case stated, and the relief sought are political in their nature, and he states that the caso is nearly like Dorr's case, Luther vs. Bor den, reported in 7th Howard. In that case the precise thing was done by Dorr and his adherents which these acts in the present instance - seek to perform. There was a State government in the hands of a portion of the people of that State constituting its whole electoral body. Dorr was of opinion, and his adherents backed him in it, that a greater number ox electors ought to be ad- 1 fc.n nmiT Ti'i r n innnfianiA ta t ii n mtA iwanAn I . i . i . ... mitral r . I nA .1 L i- kIi tvil certainly I " , vv-uvo n. aHuiugcui-u i oi tne legislature, or oi tne wovernor wnen i ui"Bi uoioiuic, uuuiiwn uj the weight of ulTua wuu m- x, , . , the legislature is not sitting referring, of spontaneous mecungs to erect an lndepen- j. asaume, men, upon me sirengin oi me course, to the existinc government of thfi aen oiaie government. lie laiied in SO I 1. 1 . 1 1 f 11 I ' " o O I authorities and the argument which your Honors will find upon the 36th and follow ing pages of our brief, that Georgia is in the attitude of a body politic, consisting of the persons to whom I refer ; and that if these persons are deprived of the privilege of continuing their government and a new mass are introduced, and a largo portion of tho others excluded, what would bo re garded in the case of any other corporation as the extinction of tho existing corporate body and tho substitution in ita stead of another, is to be effected by these acts, and is an evil of which any small corporation would have a right to complain to some tribunal at least, and in respect to which we claim that a State of this Union may claim protection somewhere. '-: In order to showlhat the State of Georgia occupies in judicial consideration the attitude of a body politio and corporate, so that she may come into a court of justice and claim to protect her rights, if the machinery of the court is adequate to that purpose, I refer to what was said by Judgo Wilson in Chis holm vs. the State of Georgia, 2d Dallas, page 455. The same idea of a State there expressed is repeated by Judge Bronson in Illinois v s. Delaneld, 2 Hill, 162, This being the State of Georgia, and this change being one that would thus totally alter the constituent body, and virtually set aside tne present btate and introduce a new one, is it within the ordinary course of a judicial court and a court of equity, dj equity process, to preserve and detend a State. Otherwise, the General Govern ment has hot undertaken, nor does it seem to have contemplated that it would inter fere with domestic troubles occurring with in the ; body of u State. As to them, the State was deemed competent to take care doing. This court decided that it was no government, bat that the original charter ed government which there existed was the legitimate and lawful government; and con sequently Dorr failed. He failed. I trust. not through any other cause, than tho in- right of that description ? Nothing can be I tions. That is a little bit of a casus amis- i il ' n 'j.ii - t - I .l:' i t . t.i of them unless they rose to a very great trinsio injustice, impropriety, and. illegal. pitcn ox violence, so as to become wnat we commonly call an lnsttrroction, which the government of a State cannot, with its or dinary r means, put down The Constitu tion seems to have supposed that the States could deal efficiently with their own citi zens, and has given them no privilege of suing their own citizens in this court, but has only given tho privilege of suing sister States, foreign States,1 the subjectsof for eign States, or citizens of sister Statoa. It is true that the framers of the Constiution do not seem to have been so cautious as to take into their consideration this nice ex ception that, by possibility, there might be some people living within tho district, ten miles square or lebs, that mignt be ceded to Congress foi tho seat of government. who would not be the citizens of anv State. and therefore not provided for by this pro vision. Neither do they seem to have taken into consideration that there ever would be any considerable number of persons in the whole world, other than citizens of the menaced, State, against which the State would have any cause of complaint that it would desire redress, except their fellow- citizens oi omer states oi tne union, or strangers who were snbject to foreign na- clearer than this. It is a settled jurisdic tion of equity to restrain, by injunction. any attempt to subvert a corporation, to divert its property to other uses, or to vio late its charter." An illustration is to be found in the case of Ward rs. the Society of Attorneys, 1 Collyer's New Cases in Chancery, page ' , 379, where essentially the precise evil in its juridical character of which we complain here was attempted, contrary to the charter of the society. ; It was a society framed for' the purpose of improving and educating the class Of at torneys and those who were studying for the profession. it was proposed to admit into the benents and privileges of the so ciety the community at large. It might be said to be extending the advantage to a greater number, which is the quality that gives all the merit to; this proceeding that can be claimed for it. The court there laid down the doctrine that not only is a corpo ration entitled to preserve its existence, but (ws a trifling evil that might possibly ex ist, but yet never has arisen never ha existed for which the ? Constitution . did not expiessly provide : but the Constitu tion aid provide tna. a otate snouid nave a judicial remedy against any individuals who were beyond the reach of its power A : 0. 1 ri iy oi ma course ine very same reasons wouiu lead to mo ovcrtnrow ox these acta of Congress. - - - : - . - ' But the great bugbear with which its ia supposed this court can be driven from its propriety is, that this 13 a political ques tion, and, if I understand the tenor of tho argument, it is, that is a political question in the vulgar sense of the word "pohtical' that it touches party politics. I humbly apprehend that that is no objection to the court entertaining juriadiction. What so common as for a court of justice to be obliged to pass in that sense upon a purely political question ? He admitted that the court had no political power indeed, no physical power and was compelled to rely on the executive au thority for the faithful execution of its judgments. If the subject-matter of a suit be one which the process of the court is adequate to reach, and if the right claimed be a legal right, or if the wrong complained of be of a character susceptible of being relieved against, there is no objection aris ing irom the delicacy or difficulty : of the questions that may be presented, or the passions which the decision of those ques tions may chance to excite. The writ of habeas corpus was an instance. The oper ation of that writ was to arraign executive power and to determine the validity of ex ecutive acts. Prize cases were another il lustration. So were cases between States as to boundary. The case of Kendall was cited, and the power to issue an injunction as well as a manOamu$ and of course who might menace an eniary. If these were invaders, the General Govern ment-through its political department, was to resist them. If they were individ uals who did not come with the -strong hand of invasion, .the State was to have, as a means of protection against unlawful acts, the right ot coming into the Supreme Court of the United States and appealing to it as the original tribunal. This right is given m the Constitution itself. This is the court of first instance into which the State i tocome. What is it to have here ? All tbe remedies for, the enforcement of its rights that are usual and customary accord it is entitled, either, by itself or any of its ing to the laws of the parent State, and : I ... " 'i I .I .- i .. .! .. .1 iii.eu.uH3, wj uuixie , iuiu a court oi equity and there to claim, by the process of in junction, .to protect itself against acts that would prevent it from : preserving its con stitution and continuing its existence. 5.bhau we be told that in a court of equity havinx jurisdiction between the parties, the pettiest corporation in Britain or in ; this the existing iarg of the colonies as they were and the laws of these States during the short period they had existed as States, tliat were allowed in courts in cases at law or inequity. v Ai btate ot the Union, tnen, is a ooay politic and corporate, which is unable, like other States intended to oe permanent ana i ' ' 'L' ' 1 a artr .lvt.i."m within th.A Rtn.fA fnir otit i fvmntrv mnnnt tnm liofnm tliA nonrt bv I indestructible, to protect itself by any vio-l TWENTY RRLS. AuVD HALF UUllihLS 7.u sff v,l i,;ii; n., .w -, l,-ha.Mni-infitthoRA outside of itster- judgments and N0mndC,"w prices all ingpowertooiit , an capable of doing ntory. In lieu of that, the Federal Gov- subordinate aWMik tA -nrflvftnt. I fimmftnt is reauired to protect it aeramst I wnat is tne j My aprfl 30 CHAS. D. MYEiiS Agent . .. ........... . .. . ; ni "' HEADING ! IIE1DKG I ' i A S7I ajad White Oak Heading . ? ,, .1 J - . . Wanted bv :rr " ' fob. 21 t,i 184-tf der the direction of. and . by offioera an-1 and have declared that they will prevent, TKw'ntert tv. the military commander : and I our holdinsr our election npon the charter directing that all persons of certain classes j day, which is indispensable to the protec- Ue8CTlUeU.BXitU-.ua uio w-vwiB AJi ix t. c cv tu uuu u VUI. VU yviaua ' ',.7 .'III TA-MY. 7793 SALS AT TlliS vote it feuch election. It is, therefore, in the language of our bill, an immediate paralyzing of aU the authority and power 01 tne Ktate governmem Dy military lorce. existence, t and are about to hold n electionahemselveS -and substitute a new body m our stead i ; iiut, Tjartiftnlftriv. rjlacine it, 03 I do, in1 refer " . " -..-- 1 i LJi ence to these acts, on me reiusai o permi n-l a. . , , x ' ; 3 1 1 1 ji i 1 I . lii.-f. nrw tha ihqna. Aiiat 13 r ;,miy seii.-ij ubiuo ua preseai ;iflB eiecoon w w w . f - v -. . 1 , . &. . , 43 rovemmet, and depriving it of the day a thing indispensable to continningin remedy as is usual in such cases. a mandamus commented on by and process, who might do it an injury, a reference to mglisli cases and to Drewry uu -ujuuuuuus. xueuocrxwe was assert ed, that whilst the judiciary cannot touch congress, cannot obliterate its acts, how ever unconstitutional : while it cannot touch the person of the Chief Magistrate, they can protect the rights of any individ ual snowing in other respects a right to their interposition in his behalf against an act of Contrress which is not a law, which is void, and against any uniawlul action at- temnted under it. " a. We have shown oy me cases . ciiea mat the hicbest oiheers in J.ngiand are enioin- el ; we have shown by the cases cited there and here that by injunction and mandamus the highest subordinate officers of the ex ecutive department are enjoined and com manded. There is an imperious necessity. we admit, not applicable to any . other de partment of the Government, and arising from the unity of the Executive, that the Executive person, so long as he holds that office should be exempt horn the coercive proceaol the court ; but that is no reason why the court shoald not pronounce its use its process to coerce officers, admonishing them of law, ? I admit that such an ad- violence and invasion. ? The high equity moniuon, wnen pronounced by the court tribunal, the Supreme Court of the United 1 and delivered by its precept to a Bubordi- States, is obliged by the terms of the Con-1 nato officer of the Executive, cannot be stitution,-if any State can show a case of I enforced if the President chooses to stand an iniurv done or meditated, remediable by 1 in the way and prevent ita execntion. 1 the ordinary processes 01. a court oi equity say tnat it. is a heresy of the most paipao" acrainst anv one outside of their . iunxtlifi-1 descrintion even to tail, uhont the court tion. and bfivond their reach bv their own I havinar or not havinc? th never to execute . I o 1 . ftnnrts and nroceasea. to pita thorn . unit. I ita flwrfvii K,ni.npt. nl inntuw m free ZZZZZLZ Ir:::c:;ii7 ceass d cc ftbont the ' (Oonciudd on Fourth Pag)
The Daily Journal (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
May 1, 1867, edition 1
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