Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-04-09

into subordinate dependencies II Will de-
range the whole system Of internal or
domestic AFFAIRS il will annuf their legis-
lation, and subvert their whole judicial sys-
TEN. Inasmueh as Il declares the State
governments Illegal, il may annul all con-
tracts and titles 10 property made with
reference to existing laws. twill deprive
the people Of their most sacred rights,
their exemption from arrest accept on war
rant founded on affidavit, their right of the
Intervention Of a grand jury, and their
right Of trial BY jury, and establish arbitra-
ry and despotic military powers ON the
ruins Of their constitutional rights. twill
produce a train of irreparable mischiefs
that may not be corrected for years, as the
court will readily perceive; and they can only
be prevented by a very speedy application
Of the restraining powers of this court
But, above all, these acts, il maintained,
establish precedent by which Congress,
composed Of majority of States, may at
pleasure exclude any State, or any number
Of States, from the American Union. S
And eDlnplainant would further show
that many legal questions must arise under
these bills If the governments contemplated
by them be carried out, which sooner or
later must come before this court for final
Adjudication; and it is believed these bills
will ultimately be declared Unconstitutional
in their whole length and breadth. As a
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 under such state Of things are
inealculable. Suits without number, not
only in regard to rights of property, but
for punishments inflicted without authority,
a total disorganization of the present gov
eminent, inasmueh as no elections can be
held to fill the State offices, a state of an
archy must intervene until government can
be again recognized by the people. There
fore public policy, the good order of So
eiety, the safety of a people, call loudly for
speedy redress.
And complainant also charges that this
bill is filed as a bill of peace, and to pre-
vent endless suits and controversies, mas
much as the execution of the acts must
produce such a variety of legislation as to
disturb the good order of society, by dri-
wing aggrieyed parties to seek redress
against officers and others who may COM
NIT trespasses and crimes against the inno-
cent. To prevent such evils is one of the
common grounds Of equity jurisdiction.
And the complainant AYERS that this ap'
peal is made TO this honorable court in good
faith, and not from factious motives, or
from any spirit to insubordination TO law,
but under a fixed belief that these acts are
in violation of the constitution and Of the
compacts aforesaid, and imposes no ebliga-
ton on her people TO observe them unless
decided to be valid by this honorable
court and, therefore, claims, as she has a
right to do so, the deliberate determination
of this court, as the tribunal organized I'M
der the constitution TO preserve it inyiolate,
and to keep all the departments of the gov
eminent within their appropriate spheres,
by trying their acts by the test of the con-
stitution and she claims the exercise of
this undoubted right in advance for the
purpose of preventing irreparable mischiefs
so gigantic and intOlerable as those which
are threatened. Ifshe should be mistaken in
this, and the acts should be decided to be con-
stitutional, she will most cheerfully yield im-
lplcit obedience to all their behests, whatever
the consequences may be. All she desires
is to guard her rights and the rights Of her
citizens, and this boon she hopes may be
accorded her before il is too late, and with
out being subjected TO the imputation of
Improper motives. If either the State or
the people have constitutional rights IL is a
paramount duty to preserve them by all
legitimate means. This court the State be-
lieves to be the great tribunal for the
peaceful settlement of all constitutional
questions, as especially in all cases in
which State is a party" and expressly
provided in the fundamental law. In con-
sideration of the premises, and inasmuch
as complainant manifestly has no remedy
whatever at law, as must be apparent to
the court, and can have nc redress as
State only through this court, as provided
by the constitution, complainant appeals
10 the preventive power Of this honorable
court, exercising the Jurisdiction Of acourt
of equity, and hnmbly prays that the said
Andrew johnson, and his officers and
agents appointed for that purpose, and
especially General f. o. G. Ord, above
named, be perpetually enjoined and re-
strained from executing or in any manner
carrying out said acts, and that process of
Injunction and subpoena issue, directed to
the parties aforesaid, and all other requi-
site process necessary may be issued for
snch other and further relief as may be
deemed proper by this court, and that de-
PENDANTS be required to answer this bill Of
complaint ~ 30
And as in duty bound complainant viii
ever pray, etc, etc, etc.
w. L. SHARKEY,
r. j. WALKER,
Counsel for complainant.