The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1867-04-13
RECONSTRUCTION In THE So
PREME COURT.
Judge sharkey and Robt. J. Walker
File a Bill

= 4AC q Dill
WASHINGTON, April 5.-Judge Sharkey
and Hon. Robert J Walker appeared IN the
Supreme Court this morning on Behalf of
the state of Mississippi The former rose
70 submit bill of complaint and prayer that
President johnson and his officers and
agents, especially Gen. E. o. G Ord, be per-
petually enjOined aud restrained from the
execution of the act to provide for the more
efficient government Of the rebel States and
the act supplementary thereto, and pray that
an injunction and subpoena be issued and
directed to the parties aforesaid, with any
other relief that the Court may deem proper.
Judge Sharkey remarked that the bill had
been printed
Attorney General Stanberry said he be-
lieved 1t was the general practice tOFobtaiR
leave of the Court to file a bill This bill
was against the United States, and he de-
sired to appear at the earliest possible mo-
ment to object to It He repeated there
must be a motion to file a bill in the regular
way
Judge Sharkey replied that that was the
motion which he now made. lie was aware
of the magnitude Of the subject, involving
rs 1t does the important and delicate ques-
ton of the eonstitutionality of Congressional
Legislation. 1t was of great moment that
early discussion should be arrived at, and
much mischief might result by delay.
Chief Justice Chase to Judge Sharkey
You can only now move to file the bill, and
1t will be in order to discuss it at the next
day"
Attorney General Stanberry: az am
ready now to resist the granting of leave"
The Chief Justice: We don't propose
to hear argument on the motion out of the
regular order The motion will be filed"
Judge Sharkey: L will now file the APP
plication
This he did, and the question went over
until next meeting day, Friday next
a bill, filed by Judge Sharkey and Robt
J. Walker in the Supreme Court of the
United States on the complaint of the State
of Mississippi " In behalf of herself and
such other States as may be interested in
| the premises who shall, by consent of the
court, properly make themselves parties
hereto, against Andrew Johnson, citizen
| of Tennessee and President of the United
States, and also against General E. o. G.
Ord"
The petition sets forth at length the his
| tory of the formation Of the State of Missis-
| sippi, claiming, besides the protection of the
constitutional rights Of a State, that there
are cOmpacts fundamental, irreYocable and
unalterabe, securing forever to the State OF
Mississippi her rights as a State in this
| Union under such compacts and the rights
required under them.
The petitioners believe this court will re-
! gard it as its duty to maintain in some man
ner, at least, as it would enforce between in
! dividuals by injunction Or otherwise, the
| specific performance of contracts Aver
ment is made that the Congress of the
! United States cannot constitutionaily expel
Mississippi from the Union, and that any
attempt which practically does so is a null
| lity and that there is no provision in the
| Constitution of the United States which
| subjects her as a State to any pains, penal
ties or fOrfeitures as a consequence of such
void attempt of a portion of her people tC
withdraw her from the Union; all powers
| to punish a State by expulsion or otherwise
| for any cause having been EXPIRE ssly refused
/ IN the convention which framed the Fedora
/ Constitution.
She AYERS that her citizens lost none oil
! their political rights nor incurred any penal
1 ties except what might be inflicted on then
as individuals by due process of law after
trialby jury.
She AYERS she has exhibited her good faith
and adhesion to the Constitution by electinl
| Senators and Representatives to Congress-
and complains that they have been wrong
! fully excluded, and that her people have beer
compelled to pay taxes and bear the burdens
of the Government without representation
The act to provide for more efficient gov
! eminent Of the rebel States and the act sup
/ Elementary thereto would utterly annihilatt
the State and government, by assuming tina
! Congress has power to control, modify, anC
even abolish its government, in short to exer
I sovereign power over it. and the utter destruc
ton Of the State must be the consequence o
| their execution. The scope of power vested
in the military commanders so broad
so comprehensive, was never befor
vested In a military commander in any gov
| eminent which guards the rights of its citi
zens or subjects by law.
The bill of complaints concludes as fol
lows:
Now the complainant expressly charges
that, from information and belief, the saiC
Andrew Johnson, President in violation 0
the CONSTITUTION, and in violation of the sa
4 cred rights of States, will proceed, notwith
standing his veto, to the execution of sale
acts as though they were the law of the land
which the vetoes prove he would not do if b.
had any discretion, or that in doing so be
performed anything more than ministerial
duty with view to the execution of saiC
acts. The said Andrew johnson has rs
signed military commanders to several dis
| tricts to carry into complete execution. AM
for this purpose has assigned Gen. e. o. G
Ord to the command OF the states 5of MIS-
sissippi and Arkansas, whom complainant
prays may be defendant to this bills anC
served with all process, etc. and complainant
further AYERS that said Gen. E. 0. G. Orc
will speedy enter on the discharge of sale
duties unless restrained by this honorable
court
New PAPER-Ed A. Garland, formerly
of the Holly Springs Reporter, has com
menced the publication of a neat andTeada
BILE paper at Water Valley, Miss It is en-
titled the Z" Water Valley Courier" and bids