The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1867-04-17
Judge Sharkey's Bill Of Complaint.

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In the bill equity which was presented il
the United States Supreme Court on The
5th, by Judge Sharkey and Robert j
Walker, complaint is made Of the State O
Mississippi, in behalf Of herself and sucf
other States, as may he interested in the
premises, who shall, by the consent Of the
court, make themselves parties thereto
against Andrew johnson. citizen Of the
State ofTennessee, President ofthe United
States; and. also against Gen. E. 0. G.
Ord. The petition sets forth at length the
history Of the formation of the State Of
Mississippi, claiming, beside protection
constitutional rights as a State. These
are compacts, fundamental, irrevocable and
unalterable, securing forever to the State oil
Mississippi her rights as a State in the
Union by such conipacts, and the rights re-
CURED under them. The petitioners be-
lieye this court will regard it it's duty to
MAINTAIN in the same manner. at least as it
would enforce between individuals, by in
junction or otherwise, the specific per-
Torrance of contracts. Ayerment is made
that the Congress ofthe United States can
not constitutionally expel Mississippi from
the Union, and that on attempt which prac-
tically does so is nullity, and that there
is no provision in the Constitution of the
United States which subjects her, as a
State, to any pains, penalties or forfeitures
as a consequence of such void attempt of a
portion Of her people to withdraw her from
the Union, all powers to punish State by
expulsion or otherwise for any cause having
been expressly and Enthusiastically refused
in the convention which framed the federal
Constitution. She AYERS that her citizens
lost none of their political rights, nor incur
red any penalties except what might be in
6icted on them as individuals, by due pro-
cess Of law, after trial by jury. She AYERS
that she has exhibited her good faith and
adhesion to the constitution by electing
senators and representatives to Congress,
and complains that they have been wrong
fully excluded, and that her people have
been compelled to pay taxes and bear the
burdens of the government without repre-
sentation. The act to provide for more
efficient government of the rebel States,
and the act supplementary thereto, utterly
annihilates the State and government by
assuming to Congress 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, then, Of its execution.
The scope of power vested in the military
commanders, 80 broad, SO comprehensive,
was never before vested ina military COM
mander in any government which guards
the rights of its citizens or subject by
laws.
The bill of complaint Concludes as fol-
lows
Now, the complainant expressly charges
that, from information and belief, that the
said Andrew johnson, President, in viola
ton Of the Constitution, and in violation
Of the sacred rights of States, will proceed,
notwithstanding his veto, and as mere
ministered duty, to the execution Of said
acts as though they were the law Of the
land, which the vetoes prove he would not
do if he had any discretion, or that doing
SO he performed anything more that
ministerial duty. With view to the exc
cution of said acts, the said A. johnson
has assigned military commanders to the
several districts to carry into complete
execution, and for this purpose, has as
signed Gen. E. D. G. Ord to the command
Of the States Of Mississippi and Arkansas,
whom the complainant pray may be a de-
fendant to this bill and served with all pro-
per process, etc, and complainant further
AYERS that the said Gen. 3. O. G. Ord will
speedily enter on the discharge Of said
duties restrained by the honorable court.
The motion to file the bill comes up next
FRIDAY