The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-04-16
and Marmaduke johnson, the emi-
nent lawyerLwhich were delivered nv

anu marmauuke johnson, the emf
nent lawyer-which were delivered by
invitation of the colored people.
Solon Robinson (colored) presided.
All the speakers gsye them advice as
to their new relations, and advised
them not. to be led to suspect the
friendly intentions of the white citi-
zens of the South, by designing men
who were forming them into secret
societies for political purposes. Out
side, there was O large crowd OF ne
groes, who dissuaded Others from
going in. The audience inside was
about half colored people. During
the speeches, when the question Of
peace between the whites and blacks
was named, there were loud cries for
peace.
The Supreme Court and tho Military
Bill.
WASHINGTON, April 15.-In' the
Supreme Court, to-day, Chief JUS
tlce Chase delivered an opinion in
the case of the State of Mississippi
against President johnson and Gen.
Ord, on motion for leave to file a
bill restraining them from the execu-
ton OF the reconstruction Act. The
court dissented from the argument of
counsel, that the President is re-
quired merely to perform q minis
terial act, andl held that the terms
ministerial and executive are by no
means. equivalent in their import. A
ministerial duty, the performance of
which may, in proper cases, be re-
auired of the head of department
by judicial process, is one in respect
TO which nothing s'left to discretion.
On the other hand, it is the duty of
the President to see that the laws are
faithfully executed, and among the
laws are the reconstruction Acts. An
attempt on the part of the judicial
department to enjoin the performance
OF such duties oy the President
might justly be characterized, in the
language of Chief Justice Marshall.
''as an absurd and excessive extraya-
gande. Congress is the legislative
department of the Government-the
President is the executive depart
ment. Neither can, be restrained in
its action by the Judicial department,
though the acts of both, when per-
formed, are. in proper cases, subject
to its cognizance. The court pro
ceeded to show the impropriety of
such interference, by CONSIDERING the
probable consequences, and con
cluded as follows: cit has been sug-
gested that the bill contains prayer
that if the relief sought cannot be
held against Andrew johnson as Pre-
sldent, it may be granted against
him as citizen of the State Of Ten
nessee. But it is plain that relief
against the execution of an Act of
Congress Ey Andrew johnson is relief
against its execution by. the Presi-
dent A bill praying for an injunc.
ton against the execution of an Act
of Congress by the incumbent of the
Presidential Office cannot be received,
whether it describes him as President
or simply as a citizen of. State"
The motion to file the bill is, there
fore, denied.
In the case of the State of Georgia
against certain officers, the Attorney
General makes no objection to the
policy of the bill, and he will. there
fore, grant leave 10 file that bill.
Judge Sharkey said the objection
to the bill he attempted to file seemed
to be that it was ON effort to enioin
the President The bill was not
filed, and he could reform it to suit
the views of the court, and present it
again.
The Chief Justice replied. that
leave to file the motion is refused.
When another bill is presented, it
will be considered.
Judge Sharkey-I understand the
court to say that application can be
made on Thursday.
Thursday.
Thus ended. for the present, the
proceedings in court. Subsequently,
a subpoena was ordered to be issued
against Gen. Pope, commanding in
Georgia. According to. the rule of
the court, process is to be served on
defendants sixty days before the re-
turn, of the process. AS the court
will adjourn in May, the returns in
this case cannot be made until next
Decambar -"