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State of Georgia v. Stanton U.S. 50 (1868)

handle is hein.slavery/ussccases0395 and id is 1 raw text is: 50 STATE OF GEORGIA V. STANTON. [Sup. Ct. Statement of the case. STATE OF GEORGIA V. STANTON. 1. A bill in equity filed by one of the United States to enjoin the Secretary of War and other officers who represent the Executive authority of the 'United States from carrying into execution certain acts of Congress, on the ground that such execution would annul and totally abolish the ex- isting State government of the State and establish another and different one in its place-in other words, would overthrow and destroy the cor- porate existence of the State by depriving it of all the means and instru- mentalities whereby its existence might, and otherwise would be main- tained-calls for a judgment upon a political question, and will therefore not be entertained by this court. 2. This character of the bill is not changed by the fact that in setting forth the political rights sought to be pr.otected, the bill avers that the State. has real and personal property (as for example, the public buildings, &c.), of the enjoyment of which, by the destruction of its corporate existence, the State will be deprived; such averment not being the substantive ground of the relief sought. THIS was a bill ided April 15, 1867, in this court, invoking the exercise of its original jurisdiction, against Stanton, Secretary of War; Grant, General of the Army, and Pope, Major-General, assigned to the command of the Third Mili- tary District, consisting of the States of Georgia, 'Florida, and Alabama (a district organized under the Acts of Con- gress of the 2d March, 1867, entitled An act to provide for the more efficient government of the rebel States, and an act of the 23d of the same month supplementary thereto), for the purpose of restraining the defendants from carrying into execution the several provisions of these acts; acts known in common parlance as the :Reconstruction Acts. Both these acts had been passed over the President's veto. [The former of the acts, reciting that no legal State govern- ments or adequate protection for life or property now existed in the rebel States of Virginia and North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas, and that it was necessary that peace and good order should be enforced in them until loyal and republican State governments could be legally established, divided -he States named into five military districts, and

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