Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-04-08
HE Movement 10 Test the COnstI+
z H4aiS6AIltyt ofthe ERscohsGraetiSH

II flVfs3E5ts IT
The MOvemeet 10 Test the COastl-
2IH4tIS6aIlty Of fthe ERscohslrnctiSI
Act.
The bill filed by Judge Sharkey and
Robert j. Walker, in the supreme Court of
the United States, sis the eOnIplaiH6o OF the
Senate of Mississippi in behalf of herself
and such other States as may be interested
An the premises. Who shall by. consent of
The court, properly make themselves par+
ties hereto against Andrew johnson, cit
izen of the State of Tennessee and President
of the United States and, also. against Gem
eral e: o; 9. Ord. The petition sets forth
at length tie history of the formation Of the
State of Mississippi. claiming, besides the
protection OF the constitutional rights of 3
State, that there arecompacts fun6aIientaL
irrevocable, and .analteFable, securing for
ever to the State of Mississippi her rights as
State OF the Union Such compacts, and
the rights acquired under them, the petit
TONERS believe this court will regard it as
sllts duty TO maintain in the same manner, at
least, as 1t would enforce between individ-
eAlalss bysd1junetiOnpor oth6rwiseJ The ispe-
islciilc gerfornlanee Of contracts. The aver
= ment lis made that Cong gress OF the United
states cannot constitutiOnally eXpel Mis-
sissippi from the Unions and that any at
tempt which practically does so. is "a null
I6y; ana there is no provision in the Com
stitqtion of the United States. which subj
Jects her as a State to any pai0s, penalties.
atteinpt OF portion OF iler people to With
draw her from the Union. All powers to
punish State by expulsion, or otherwise,
for any ecause, having beea expressly re-
fused dih the convention which framed the
Federal Constitution, she AYERS that her cit
izens lost none Of their political rights nor
incurred any penalties, except what might
,Pe dnAieted upon them as frdi3tduals BY
due process of law, after trial by jury in
courts having jurisdiction of Bheiroffences,
and that disabilities attempted to be I'M
posed upon her or upon her citizens other
wise than as aforesaid. by any body of per-
sons, are void and violations of the Consti-
tuition of the United States as well as Of the
fRcampact with Georgia in 1902, and with
Virginia in 1857. She AYERS she has fexhib-
tied her good faith and adhesion 10 the
resentatives to Congress, and complains
they have been wrougfHlly excluded, and
as0hat her people have been compelled to pay
the taxes and bear the burdens Of Govern
-nene Without representation. The act to
prOyide1or the more efficient government
Ofthe rebel States and the act supplement
tary theretOs utterly annihilate the States
and its Government by assuming for Con-
gress the power to control, modify, and
teyen abolish its Goyernment; in short, to
exert sovereign power over It, and the ut
ter destruction of the States must besthe
of power vested ia-the military command
efs, so broad, so comprehensive, was never
before vested in the military commander ia
IS any government which guards the rights
oiof its citizens or subjects by laR. Q <leo
ser The bill of comp Amt concludes as fol-
aloNow. the complainant expressly charges
.sehats from information and belief the said
Andrew Johnson, President, in violation of
I the. Goustit1tions and eins violation OF the
1t. AZ
j Notwithstanding hisKetoes. 9and as amere
ministerial duty to- the execution of said
acts as though they werethe law the land,
(which the vetOes prove he would not do II
he had any discretion or that in doing so
heypfFfOrmed anything more than a minis
teriaI duty. with a4yiewSta tathe execution of
said acts, the said Andrew johnson has as
signed military com missiOners to the sew
eral districts to carry. them Into complete
and full execution, and for this purpose has
assigned General e. o. G. Ord, citizen of
the State of Mary land, to the command of
the States of Mississippi and Arkansas,
whom complainant prays may be made a
defendant to this bil and served with all
proper process DC. ( and complainant fur
ther AYERS that the said General E. o. Lord
will speedily enter on the discharge OF said
osduties unless restrained by this honorable
sseoart; and complaints would further show
q, q, that many legal questions must arise n1der
these bills ngthe government centenI-
plated by them be carried out. which
sooner or later, smust come before this
Court for final Adjudication; anu iG is be-
Ig1ieVed these bills will ultimately be decided
unconstitutional in their whole length and
breadth, and as a consequence all acts that
t'fnay have been done uIider them must be
declared void, even to the Constftu ion
b'whicll may be- formed under them. The
mischief tlIa5mtlst result from such a state
of things are incalculabIe aud without
knumbers not only in regar Ito the rights of
property, but for puHishments inflicted
without authority, a total disorgahiz4tion
-sof the present Government inasmuch as no
yIelections can be held to I'LL the State offices,
state OF anarchy p must Intervene until the
Governments can be again feorganized by
the people. Therefore, public policy,
good order of society, the safety of a
people, call loudly for speedy zredress.-
And the complainant also charges,
that this bill. is filed as a bill OF
peace, and Co prevent endless suits and
controversies, inasmuch as the execution
Yof the acts must produce such an end
less 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 tfespasses and
crimes against the innocent. To prevent
such evils is one of tire common grounds
of equity yjarisdiction;i aud the compl tinant
AYERS that this appeal is made to this hon
.Orable court in good faith and not from
1dCJlOuS mOClVeS. OF from SplTlC OF III
alsubordination,t to law; but under fixed
belief that these acts are in violation of
= the Constitution, and of the compacts alore-
said. and impose mo obligation on her
people to observe them. unless decided to
be valid by this honorable court; aud, there
FORE claims as she has right to do, the de-
liberate determination of this court, as the
tribunal organized under the Constitution.
to preserve it inviolate, and to keep all the
departments of the Government within
their appropriate spheres. by trying their
she claims the exercise of this undoubted
right I'm advance, for the pGrpose of pre-
venting irreparable mischief so gigantic
and intOierab1e as those which are threat
ened.wIf she should do mischief in this,
and the acts should be decided TO be consti-
tutional, she will most eheerfully, yield inn
plicit obedience to all their behests, what
ever the consequences may be. All she
desires is to guard her rights and the rights
of heFyeitizens ;land this boon she hopes
may be accorded her before il is too late
land without being subjected to the iuIpII-
tation of improper motives. If either the
State or the people have constitutions
rights. it is a paramount duty to pre-
-aseFve y them by all legislative means
This court the State believes to he
the great tribunal for ethe peaceful
settlement of all constitutional questions
land especially IN all cases in which a State
is a party, as expressly provided in the fun
Tndamental law. In consideration of tht
iepremises and inasmnch as complainant