Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-04-12
THE REcoNsTRuCTros SUITS.

THE RECONSTRUCTION SUITS.
Southern Military Reconstruction Bills i'm
the Supreme Court of the United States. ;:
Judge Sharlkey and Hon Robt. J. Wal
ker appeared in the Supreme Court of the
United States at Washington on the Sd
inst. on behalf Of the State of Mississippi.
The former rose to submit q bill of COM
plant, with the prayer that Pre"ident
Johnson. with his officers and agents APP.
pointed for that purpose, and especially
GEN Ord, be perpetnally .enjoined and re-
strained from executing the act to provide
for the more efficient government of the re-
bel States, and the act supplementary there
to, and that powers Of injunction and sub
pena be issued, directed to the parties
aforesaid, with any other relief the court
NAV deem proper. Judge Sharkey remark
ed that the bill had been printed. :s'' ..
Attorney General Stanbery said he be-
lieved it was the general practice first to
obtain leave of the court to file a bin. This
bill was against the United States, and he
desired to appear at the earliest moment to
object to it. He repeated there must be q
motion to file the bill in the regular way.
Judge Sharkey replied that was the mo-
ton which he now made. He was aware
of the magnitude of the subject, involving
the important and delicate question of the
constitutionality Of congressional legisla-
ton. It was of great moment that an ear
ly decision be arrived at, as much mischief
must result by delay. .-,..: -. .....
Chief Justice Chase to Judge Sharkey.-
You can only HOW move to file the bill, and
it viii be in order TO discuss this till next
motion day. =.
Attorney General Stanbery.-I am ready
now to resist the granting Of the leave
Chief Justice Chase-We do not propose
to hear argument on the motion out Of the
regular order. The motion will be filed
Judge Sharkey.--T will now file the ap-
plication. 49,. .s
This he did, and the question went over
till next motion day, which is Friday next
The bill Of complaint sets forth at length
the history of the formation of the State of
Mississippi, claiming, besides the 'protec-
ton of the constitutional rights of q State,
that there are compacts, g fundamental, .
&c irrevokable," and unalterable,'} secur
| ing forever to the State of Mississippi her
rights as a State of this Union. The aver
ment is made that the Congress of the
United States cannot constitutionauy ex-
pei Mississippi from the Union, and that
any attempt which practically does so is
nullitv, and that there is no provision LII
the constitution Of the United States which
| SUBJECTS ucI dts tb otGtlS, W pd1dc, pen
alties or forfeitures, as 4 consequence Of
such void attempt of q portion of her peo-
pie to withdraw her from the Union, all
powers to punish State by expulsion or
otherwise, for any cause, having been ex-
pressly refused in the convention which
formed the federal constitution.
She AYERS that her citizens lost none. of
their political rights, norincurred any pen
alties, except what might be inflicted on
them as individuals by the process. Of law, 4
after trial by jury in courts having jurisdic-
ton of their offences, and that disabilities
ATTEMPTED to be imposed upon her or upon
her citizens, otherwise than aforesaid,
| by any body of persons, are void and VIC
l1ations of the constitution of the United
Estates, as we'll as Of the compact with Geor-
gia OF 1902, and with Virginia Of 17S7.3--
| She avows that she has exhibited her good
faith and adhesion to the constitution by
e.ecting Senators and Representatives to
Congress, and complains that they have
been wrongfully excluded, and tllat her
people have been compelled to pay the tax
es and bear the burdens OF government
without representation. . -.-r ...-H~-g5 -
The act to provide for the more efficient
government of the rebel States, and the
act supplementary thereto, utterly :annihl=
| lates the State and its government, by as
suming for Congress the power to control, |
Imodify and even abolish its government; in
short, to exert sovereign power over it, and
the utter obstruction Of the State must be
the consequence Of their execution. The
scope of power vested in the military COM
manders, SO broad, SO comprehensive, was
never before vested in a military comman
tder in any government which guards the
rights of its citizens or subjects2by law. ..s
Fhe State admits s'that by the wrongful
acts of part of her citizens, and the neglect
|of the fee1az aut7spyit5es to protect the l2yaL -
| her government became .disorganized; but
this is corrected by the: people, who have
reorganized a. government republican in
form, which has secured her recognition as |
State by Congress, the, Executive, and, It |
is believed, by this court Even if there
were irregularities, in these acts, they have
been cured by the sovereign act of the peo-
pie in voluntary assemblage.
:. The bill further alleges that many legal
questions will arise under these acts which |
must be declared unconstitutional, Ieadingl
1 to innumefabIe suits and incalcuIable] mis-
chief, as we'll It's total 1disorganiza ton and
Estate of tharehyl5 &c further declares thlsi
is :6aneE inf]geoaee rantlnet from fae-ii
atinlssaaae tiPes,l mE inefae,E chef 8hat these
acts are not obligatory unless declared valid
d. = I IL IL,