The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-04-10
The Bill OF Complaint.

| ONA AOouCio 1bfo OCSu huflScu VI
the motion of Judge Sharkey, in be
half of the State of Mississippi, to
enioin tho enforcement of tho mill
tary bill in that State Tho New
York papers of Friday publish tho
petition Of Messrs. Sharley md
Walker in full. Subjoined is an ab-
stract of tho arguments contained
therein:
The bill Of complaint sets forth at
length tho history of tho formation
of the State of Mississippi, claiming,
besides tho protection of the consti-
tutional rights of a State, that there
aro compacts, fundamental, s'irre-
! vocable" and s'unalterable," securing
forever to the State of Mississippi
her rights rs State of this Union.
The averment is made that tho Con-
gress Of the United States cannot
constitutionally expel Mississippi
from the Union, and that any ATTEMPT
which practically does so is nullity,
and that there is no provision in the
Constitution of tho United States
which subjects her, as State, to any
pains, penalties, or forfeitlres, rs n
consequence of such void attempt of
a portion of her people to withdraw
her from tho Union, all powers to
punish State by expulsion or other
wise, for any cause, having been
expressly refused in the convention
which framed tho Federal Constitu-
ton. She AYERS that her'citizens lost
mono of their political rights, nor
incurred any penalties, except what
might be inflicted on them rs indi-
yiduals by tho process of law, after
trial by jury iii courts having juris-
diction of their offences, and that
disabilities attempted to be imposed
upon her or upon her citizens, other
wise than as aforesaid, by any body
of persons, are void and violations of
the Constitution of the United States,
as well MS of the compact with Geor-
gin of 1902, and with Virginia of
1857, She AYERS that shc has exhi-
bited her good faith and adhesion to
tho Constitution by electing Senators
and Representatives to Congress, and
complains that they havo been wrong
fully excluded, and that her people
have been compelled to pay tho taxes
and bear the burdens of Government
without representation.
The Act to provide for tho moro
efficient government of tho rebel
States, and the Act supplementary
thereto, utterly annihilato tho State
and its Government, by assuming
for Congress the power to control,
modify and even abolish its Govern
ment; in short, to exert sovereign
power over it, and tho utter dcstruc-
ton of the State must be tho conse-
quence Of their execution. Tho
scope of power vested in the military
commanders, so broad, SO compro-
hensive, was never before vested in q
military commander in any Govern
ment which guards tho rights of its
citizens or subjects by law.
The State admits "that by tho
wrongful acts of part of her citizens,
and Tie neglect Of tie Federal nmhori-
Ties TO project tie loyal" her Govern
ment became disorganized: but this
is corrected by the people, who have
re-organized Government, rcpubli-
can in form, which has secured her
recognition as State by Congress,
the Executive, and, it is believed, by
this court. Even if there were ire
gularities in these acts, they have
been cured by tho sovereign act of
tho people in voluntary assemblage.
The bill further alleges that many
legal questions will arise under these
acts, which must be declared uncon-
stitutional, leading to innumerable
suits and incalculable mischief, as
well rs o total disorganization and
state of anarchy. Tt further declares
this is dono in good faith, and not
from factious motives, but in tho
belief that these Acts arc not obliga-
tory unless declared valid by tho
court. But, if so declared, they will
be cheerfully obeycd; and as there is
no redress for State except through
this court, it is prayed that "said
Andrew Johnson, his officers and
agents, appointed for that purpose,
and especially General Ord, above
named, be perpetually enjoined and
restrained from executing said Acts,
and that powers of injunction and
subpoena be issued, directed to the
parties aforesaid, with any other re-
lief that the court may deem proper.
1t is signed by the counsel for COM
plainant, w. L.. Sharkey and r. +