The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-04-16
TELEGRAPHro NEWS.


IEOM WoonIu BtOms
WAsHrsGros, April l5.-The President
has nominated to the Senate Commodore
Henry L. Hoff for rear admiral, vice Bell,
retired.
The Supreme Court to-day refused to
entertain the Mississippi bill against the
President, but allowed the Georgia bill to
be filed, as the same objection did not APP
| ply to the latter.
Chief Justice Chase delivered the opin-
ion in the Supreme Court on the motion
to file the Mississippi bill, restraining Pre-
sident johnson and General Ord from car
ryiDg out the reconstruction act. The
court dissented from the argument OF
counsel that the President, is required
merely to perform ministerial act, and
held that the terms ministerial and exc
cutive are by no means equivalent in their
import. A ministerial duty, the perform
ance of which may, in proper cases, be re-
quired of the head of department by
judicial process, is one in respect to
which nothing is left to discretion.
On the other hand, it is the duty
of the President to see that the
laws are faithfully executed, and among
these laws are the reconstruction acts. An
attempt on the part of the judicial depart
ment to enjoin the performance of such
duties by the President might justly be
characterized, in the language of Chief
Justice Marshall, as "an absurd and Excess
sive extravaganza" Congress is the legis-
lative department of the Government.
The President is the executive depart
ment. Neither can be restrained in its
acts by the judicial department, though
the acts of both, when performed, are, in
proper cases, subject to its cognizance.
The court proceeded to show the impro-
priety of such interference by considering
the probable consequences, and concluded
as follows:
at has been suggested that the bill con-
tains prayer that if the relief sought can
not be had against Andrew Johnson as
President, it may be granted against him
as citizen of Tennessee but it is plain
that relief against the execution of an act
of Congress by Andrew johnson is relief
against its execution by the President.
A bill praying for an injunction 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 as citizen of State.
The motion to file the bill is therefore
denied"
In the case of the State of Georgia
against certain officers the Attorney Gene
raj makes no objection to the policy of
the bill, and we will therefore grant leave
to file that bill.
Judge Sharkey said the objection to the
bill he attempted to file seemed to be that
it was an effort to enjoin the President.
The bill was not filed, and he could reform
it to suit the views of the court and pre-
sent it again.
Chief Justice Chase replied.-Leave to
file the bill is refused. When another bill
is presented it will be considered.
Judge Sharkey.-I understand the court
to say that application can be made Thurs
day.
Chief Justice Chase.-On Thursday.
This ended the proceedings in the court.
Subsequently a subpoena was ordered to
be issued against General Pope, command
ing in Georgia. According to the rules of
the court, the process is to be served on the
defendants sixty days before the return of
the process. AS the court will adjourn in
May, the return day in this case cannot be
till December next.