The New York herald., 1867-04-06

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Mississippi Befere the ,sapsesss cosrt-Tss
Old southcrn TwaAdle. bus 4 BIest I.s-
porsans Hfovc@eut.
Before the Supreme Court OF the United
States yesterday William L Sharkey and
Robert J. Walker, In behalf Of the State OF
Mississippi, appeared with their bin OF COM
plants and petition (printsd in full In yester-
days HERALD) praying : perpetual injunction
against the execution Of the laws OF Congress
recently enacted for the reoonstruction Of the
rebel States Whatever the object may be,
this memorial embodies ali the old preposter-
GUS Southern twsddle Of State sovereignty and
reserved State rights, including the right Of
secession, the right OF rebellion and the right,
after rebeling. 10 return untouched to the
rights Of the Union. 50
After reciting he several acts and compacts
whereby Mississippi became Stale Of the
Union the petitioners contend that their State
thus became possessed Of cer.ain irrevocable
State rights which the late rebellion has not
disturbed. "The said State admits that by the
wrongful act Of part Of her citizens, and the
neglect Of the federal authorities to protect the
loyal, her government became temporarily
disorganized In reference to its relations with
the federal governments; but she claims that
this evil has been corrected In the proper
manner by the people Of the State" and
that If In the premises her proceedings have
been somewhat irregular, they are still above
the reach of Congress, in being the acts Of the
sovereign people Of Mississippi She next
complains of these acts of an unconstitutional
Congress, whereby she and nine other sove-
reign States, while denied representation In
Congress, are taxed and subjected to military
despotism SO utterly regardless of State rights
that it "annihilates the State governments"
concerned. Next as the complainant (Missis-
sippi) charges, that President johnson, notwith-
standing his vetoes, will enforce these acts Of
Congress unless restrained by the Court. de-
priving the States and people concerned Of
their most sacred rights, and producing ga
train of irreparable mischiefs that may not be
corrected for years." it is urged upon the Court
that "public policy, the good order Of society
and the safety Of the people call loudly for
speedy redress"
Reduced to plain English Messrs. Sharkey
and Walkers argument amounts to this that
the war against the Union by Mississippi
and her confederate States, under a foreign
government for four long years, involving the
sacrifice Of three hundred and afty thousand
Union soldiers and sailors to disarm this hostile
coalition, was only % temporary disorganisa-
tion," or nothing more, consdtutionally con-
sidered, than an election riot that the insur-
gent league Of States in being dissrmed were
restored TO "the constitution a. It was" and to
their rights. - they were before the
war, and that sinoe the surrender OF
their rebel armies ths aets Of every Congress
from which said States have been excluded
are unconstitutional, mill and void; that, In
Short under the constitution, two States or ten
States. or more, may, under foreign govern
ment fight TO destroy the Union for four years
or twenty years, and ON finding that the Union
Il too strong for them they may fall back upon
their constitutional rights and return to the
Union just as II nothing had happened and
with nothing to pay.
This Is substantially the argument Of W. L.
Sharkey and R. J. Walker In behalf of an in
junction from the Supreme Court restraining
the President and his subordinate officers from
the execution Of these Southern reconstruction
laws of Congress. They ask that the Supreme
Court shall declare these laws unconstitutional,
and therefore void; that the Thirty ninth Con-
gress was, and that the Fortieth is, an illegal
body; that all the acts Of these two Congresses
at least must be considered spurious, the
late rebel States being excluded from any
voice therein; that the constitutional amend
ment abolishing slavery is Q nullity; that
each State, therefore, is still free to re-
establish slavery, and that as none Of
the excluded States had any voice in the ques-
ton Of the war debt Of the Union, they are
under no obligations to assist In paying it; that
what they did under President Johnson's policy
Of reconstruction they did voluntarily, but that
recognizing no constitutional amendment on
the subject of the war debt, they are not bound
even by their promises to Mr.. johnson, mas
much as both President and Congress are sub.
ject to State sovereignty. &
On appearing yesterday before the Supreme
Court to submit this bill Of complaints and this
prayer for an injunction, Judge Sharkey was
promptly met by the Attorney General Of the
United States, Mr. Sanbery, with the remark
that the first thing in order was to obtain leave
to file the bill, and he desired, at the earliest
possible moment lin behalf Of the United
States), to object to it Judge Sharkey replied
that that was the motion he made-leave to ile
his bill. He was aware Of the magnitude Of
the subject involving as 1t did the important
and delicate question Of the constitutionality
of Congressional Legislation. But he desired
an early decision, IS much mischief might
result from delay. Mr.. Stanbery was ready
to resist the granting Of the leave. Judge
sharkey fled his application, and the question
went over until next motion day, Friday next
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