Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1867-04-11

rnE sTArEs of MISSISSIPPI AND GEORGIA
~ TuF SUPREME CoURr.

IN which tho complaint of the State oi
Mississippi in behalf of herself and
such other States as may be interested
in the premises, who shall, by consent
Of the Court, properly make them,
selves parties hereto, against Andrew
Johnson, citizen of the State of Ten
nessee and President Of the United
States, and also against General L. 0.
9. Ord. The State Of Georgia has al
so filed a similar petition, Charles
OConner and Judge Black appearing
as counsel, The hearing takes place
on Friday.
; The petition sets forth at length the
history of the formation of the State
Of Mississippi, claiming, besides the
protection Of the constitutional rights
Of State, that there are compacts
Fundamental, irreyocable and unalter-
able securing forever to the State Of
Mississippi her rights as State OF
this llniea.
Such compacts and the rights ac-
quired under them, the petitioners be-
lieve this court will regard as its duty
to maintain and protect, in the same
manner, at least, as it would enforce
between individuals by Injunction or
otherwise, the specific performance of
contracts.
Ihs averment is made that the Con-
gress Of the United States cannot con-
stitutionally expel Mississippi from the
Union, and that any attempt which
practically does so is a nullity, and
that there is no provision in the Con
stitution of the United States which
subjects her, as a State, to any pains,
penalties, or forfeilures, as q conse-
quence Of such void attempt of por-
tion of her people to Withdraw her
from the Union, all powers to punish
State by expulsion or otherwise, for
any cause, having been expressly re-
fused in the convention which framed
the Federal Constitution. She AYERS
that her citizens lost none of their po-
litical rights nor incurred any penal.
ties except what might be inflicted on
them as individuals by due process of
law, after trial ey jury in courts hav-
ing jurisdiction of their offenses, and
that disabilities attempted to be i'm
posed upon her or upon her citizens
otherwise than as aforesaid by aIh
body OF persons are void, and viola.
tions of the Constitution of the United
States, as well as of the compact with
Georgia of 1902 and with Virginia in
1877. She AYERS that she has exhibi-
ted her good faith aud adhesion to the
Constitution by electing Senators and
Representatives to Congress, and com
plains that they have been wrongfully
excluded, and that her people have
been compelled to pay the taxes and
bear the burdens of government with
out representation.
The act to provide for the more eff.
cient government of the rebel States
and the act supplementary thereto,
utterly annihilate the State and its
government by assuming for Congress
the power to control, modify and even
abolish its government IN short to
exert sovereign power over it, and the
utter destruction Of the State must be
the consequence Of their execution.
The scope Of power vested in the mil
itary commanders, so broad, so com
prehensive, was never before vested in
a military commander in any govern
ment which guards the rights of its
citizens or subjects by law
The bill of the complainant con-
cludes as follows:
Now the complainant expressly char
ges that from information and belief, |
the said Andrew johnson, President, |
in violation of the Constitution and in |
violation of the sacred rights of the
States, will proceed, Notwithstanding |
his vetoes, and ms mere ministerial I
duty, TO the execution of said acts as
though they were the law of the land, !
which his vetocs prove he would not |
do, if he had any discretion, or that in |
doing so he performed anything more
than a mere ministerial duty. With I
the view to the execution of said acts,
the said Andrew Johnson has assigned
military commanders to the several
districts to carry them into complete
and full execution, and for this pur-
pose has assigned General Il. O. c.
Ord, a citizen of the State of Mary
land, to the command of the States of
Mississippi and Arkansas, whom com
plainant prays may be made defend
ant TO this bill, and served with all
proper process, etc; and complainant
further AYERS that the said General L.
o. G. Ord will speedily enter on the
discharge of said duties unless restrain.
ed by this honorable court.
And complainant would further
show that many legal questions must
arise under these bills if the govern
ment contemplated by Them be carried
ont which sooner or later must come
before this Court for final adiudica-
tion, and it is believed these bills will
be ultimately decided unconstitutional
in their whole length and breadth, and
as consequence all acts that may
have been done under them must be
declared void, even to the constitution
which may be formed under them.
The mischieis that must result from
such a state of things are incalculablo,
Suits without number, not only in re-
gard to rights of property, but for
punishments inflicted without author.
ity, total disorganization of the !,
present government. Inasmuch as no
elections can be held TO I'll the State
offices, state of anarchy musi inter.