The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-04-08
!, !. - ). tho law and his soldiers the

mower that executes 1t. 1t is declared to
be his duty to protect all persons in their
right of person and property, to suppress
instructions, disorder, and violence, and
to punish, or cause to be punished, all
disturbcrs of the peace and criminals
and he may organize military commits
sions and tribunals to try offenders when
he may think proper. But by what rule or
law is he to Judge of the rights OF per
son or property BY what rule or law Is
he to arrest, try, and punish criminals
By what rule or law is he to judge whether
they have committed crimesf me an
swer to these questions is plalnf by ms
own will; for though he may adop! INC
State authorities as his instruments II ne
will. vet he may reject them II he VIII. n
scope of power so broad, so comprehensive
was never before vested In military com
mander in any government which guards
the rights of its citizens or subjects Dy law
II embraces necessarily all those suDJects
over which the States reserved the power
IN Iegislate for themselves as essential 10
their existence as States, including the
domestic relations, all the rights OF pro-
nerty. real and personal, the rights OF per.
sonal security and personal lioerty, anu
assumes the right to control the whole OF
the domestic concerns of the State. THESE
acts also provide that the governments
now existing in the southern States are
but provisional governments, subject 10 the
paramount authority Of Congress, when
NAV at any time abolish, modify, control,
or supersede them. These acts were
vetoed by the President, but were passed
over the vctoes by two-thlrds OF po'h
Houses as now organized, ten States Deihg
excluded from representation IN ooth
Houses.
Now. the complainant expressly charges
that. nom information and bellef, the sald
Andrew Johnson, President, in violation OF
the Constitution, and in violation OF the
sacred rights of the States, will proceed,
Notwithstanding his vetoes, and as mere
ministerial duty, to the execution OF sald
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 In dong
so he performed anything more than mere
ministerial duty. With the view to the ex-
ecution of said acts, the said Andrew john
son has assigned military commanders to
the several districts to carry them into COM
plete and full execution, and for this pur-
nose has assigned General +. o. G. Ord,
citizen of the State of Maryland, to the
command of the States of Mississippi and
Arkansas, whom complainant prays may be
made defendant to this bill, and served
with all proper process, nc. And com
plainant further AYERS that the said Gene
raj f. o. C. Ord will speedily enter on the
discharge of said duties unless restrained
by this honorable court. Now, complain
nj phnrnaS tlaf thn aynrntipn
of said acts, by enforcing them in the man
ner therein provided, will cause and pro-
duce immediate and irreparable mis-
chief in the States to which it applies,
as must be manifested to the court,
in tbis-that they are repugnant TO
the Federal Constitution, and violate the
spirit, the purpose, and the object OF the
compacts between Georgia, Virginia, and
the United States; it will deprive the
States of every attribute of State autho-
rity, and practically annihilate them as
States by converting them into subordinate
dependencies it will derange the whole
system of internal or domestic affairs 1t
will annul their legislation and subyert
their whole judicial system. lnasmuch as
il declares the State governments illegal,
il NAV annul all contracts and titleSto pro-
uerty made with reference to existing
laws. 1t will deprive The people Of their
most sacred rights, their exemption from
arrests except on warrant founded on atii-
davit. their right Of the intervention OF
grand jury, and their right of trial by jury,
and establish arbitrary and despotic mill
tary powers on the ruins of their constitu-
tional rights. 1t will produce a train of
irreparabe mischiefS that may not be cor
rected for years, as the court will readily
perceive; and they can only be prevented
by q very speedy application of the re-
straining powers Of this court. But, above
all, these acts, if maintained, establish
precedent by which Congress, composed Of
majority of States, may at pleasure ex-
clude any State. or any number of States,
from the American Union.
And complainant would further show
that many legal questions must arise
under these bills if the governments con-
templated by them be carried out, which
sooner or later must come before this
court for final adjudication and it is be-
lieved these bills will ultimately be de-
clared 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 mischiefs that must result
from such state of things are incalcula-
BILE. Suits without number, not only in
regard to rights Of property, but for pun
ishmentS inflicted without authority, a total
DISCRIMINATION of the present government,
inasmuch as no elections can be held to
fill the State offices, state of anarchy
must intervene until government can be
again re0rganized by the people. There
fore public policy, the good order of socl-
ETY., the safety of people, call loudly for
speedy redress.
And complainant also charges that this
bill is filed as bill Of peace, and to pre-
vent endless suits and controversies, mas
muchs as the execution Of the acts must
produce such variety of legislation as
to disturb the good order Of society, by
driving aggrieved parties to seek redress
against officers and others who may commit
trespasses and crimes against the innocent.
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 Of characterization to law,
but under a fixed belief that these acts
are in violation of the Constitution and of
the compacts aforesaid, and impose no OBJ
legation on her people to observe them un-
less decided to be valid by this honorable
court; and therefore claims, as she has a
right to do, the deliberate determination
of this court as the tribunal organized I'M