The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-04-23
THE INJUNCTION CASES.

The Supreme Court of the U. s. has refused
to entertain the Mississippi bill against the
President, but allowed the Georgia bill to be
filed, as the same objection did not apply to the
latter.
Chief Justice Chase delivered the opinion 10
the Supreme Court on the motion to file the
Mississippi bill restraining President johnson
and General Ord from carrying out the recon-
struetion act. The court dissented from the ar
gament of counsel that the President is required
merely to perform ministerial act, and held
that the terms ministerial and executive are by
no means equivalent 10 the import. A minis
ts,;aI duty, the performance of which may in
proper cases be required Of the head of de-
partment by judicial process, is one in respect
to which nothing is left to discretion. On the
other hand, it is the duty Of the President to
see that the laws are faithfully executed, and
amosg these laws are the Reconstruction acts
An attempt on the part of the Judicial Depart
ment to enjoin the performance of such duties
by the President might justly be characterized,
10 the language of Chief Justice Marshall, as
"an absurd and excessive extravaganza" Con.
gress is the legislative department of the Gov
eminent. The President is the Executive de-
partment. Neither can be restrained 10 its acts
by the Judicial department. though the acts of
both, when performed, are in proper cases sub
ject to its cosnizance. The Court proceeded to
show the improperly ofsuch interference by con-
sidering the probable consequences, and coH-
cuded as follows: -.....
at has been suggested that the bill contains
prayer that if the relief sought cannot be had
against Andrew johnson as President it may
be granted against him as citizen of Tennes-
see, but it is plain that relief against the exeeu-
tion Of an act of Congress by Andrew johnson
is relief against its execution by the President.
A bill praying for injunction against the
execution Of an act of Congress by the incum-
bent of the Presidential Office cannot be re-
ceived, whether it describes him as President
or as citizen of State. The motion to file
the bill is therefore denied"
THE GEORGIA INJUNCTION CAsE.-Washing
ton, April l6.-The subpoena, issued'by the Su:
preme Court yesterday, reads thus:
"The State of Georgia, complainant, Us. Edwin
NJ. Stanton, Ulysses S. Grant and John Pope, de
PENDANTS: The President of the United States to
Edwin NJ. Stanton, Ulysses S. Grant and John
Pope, Greeting: For certain causes offered before
the Supreme Court of the United States, holding
jurisdiction in equity, you are hereby commanded
that, laying all other matters aside and notwith-
the said Supreme Court holding Jurisdiction in
equity, on the first Monday in December next, at
the City of Washington, in the district of Colum-
bia, being the present seat of government of the
United States, to answer the bill of complaint of
the State of Georgia in the said Court exhibited
against you. Hereof you are not to fail, at your
peril. Illness, the Hon. Salmon P. Chase, Chief
Justice Of the Supreme Court of the United
States"
1t will be December before the Georgia case
can be heard, and in the meantime the military
will keep control of the State. No benefit has
or can result from such proceedings
WASHINGTON, April 1S.-In the Supreme
Court, to day, Hon Robert Walker fled the
amended bill in behalf of Mississippi against
Secretary Stanton and Gems. Grant and Ord.
The Attorney G eneral moved to dismiss both
this and the Georgia bill, for want of jurisdic.
ton. And it was agreed by the Counsel that
the motion should be argued on the Goth inst.