, 1867-04-26
AFTERNOON SESSION.
The Military Reconstruction Bill.

The telegraph has already sppriSed us that
the State of Mississippi proposes 10 contest the
coustitutionality of tAe Military Reconstruction
Bill. and to that end had Gled complaint in the
Supreme Court of the United States. A late
dispatch says that Judge Sharkey and Robert j.
Walker appear as counsel in the case, and that
the points made in the complaint are as follows /;
The petition sets forth at length the history of
the State of Mississippi! claiming besides the
protection OF Constitutional rights. IL declares
there are compacts and fundamental, irrevo>
cable and unaltereble laws securing forever to
the State Of Mississippi her rights as State in
this Union, and the privileges and rights as
aeouired under them. Petitioners believe the
Court will regard it as its duty to maintain them
in the same manner at least as it would enforce,
between Individuals, BY injunction or otherwise,
the specific performance Of contracts. Aver
ment is made that the Congress of the United
States cannot constitutionally expel Mississippi
from the Union; that any attempt, which prac-
tically does so, is null that there 10 no pro-
vision in the Constitution of the United States
which subjects her as a State to any pains, PEN
aIties or forfeitures, as consequence Of such
void attempt of portion of her people to with
draw her from the Union, and all powers to pun
ish the State by expulsion or otherwise for any
cause having been expressly refused, by the
Committee which framed the Federal Constitu-
ton. She AYERS that her citizens lost none OF
their political rights, and incurred no penalties
except such as might be inflicted on them as in.
dividuals by due process of law, after trial by
iury She AYERS that she has exhibited her good
faith in her adhesion to the Constitution by
sending Senators and Representatives to Cons
gress, and complains that they have been wrong
fully excluded, that her people have been COM
! h kNarA If he
Government without representation, and thai
the Act to provide for the more efficient govern
ment of the rebel States, and the Act supplies
mentary thereto, utterly annihilate the State
| and its Government. Congress assumes the
power to control, modify and then abolish its
governmsnt-in short to exert sovereign power
over it. The utter destruction of the State must
be the consequence of the execution of these
laws. The scope of power vested in the military
commanders, under this law, is more broad and
comprehensive than ever before vested iu mills
| tary commanders in any government which
guards the rights of its citizens or subjects BY
| law.
The bill of complaint concludes as follows
| Now complainant expressly charges that from
information and belief, SAID Andrew Johnson
President, in violation of the Constitution, and
| in violation Of the sacred rights of the States
| will proceed TO the execution Of these Acts az
though they were law, and which his Tetoei
prove he would not do if he had any discretion
or, if in doing SO, he performed anything more
| than ministerial duty. With view to the exc
cution of said Acts said Andrew Johnson has
assigned military commanders to the seTera
districts TO carry them into complete execution
and for that purpose has assigned Gen. r. o
| @. Ord to the command Of the States Of Missis
sippi and Arkansas, whom the complaint pray
may be defendant to this bill and be served Will
all proper process, etc. and the complaint fur
ther says that said Gen. E. o. O. Ord vii
speedily enter on toe discharge Of said duties
unless restrained by this honorable Court"