Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-04-16
GOVERNMENT sECURIfIES.
wAsHiraroa. April Is, t6ey.
Jay Cooke q %. furnish the following quo
tationa AZ Governmeut eAcuritte4.
TBE MISSISSIPPI INJUNCTION CASH.
OPINION or CHIRF SUsrIUs CHASE.

We briefly referred yesterday TO the dc.
cislon OF Chief Justice Chase, of the Supre me
Court of the United States, refusing TO enter
tsin the Mississippi iajsnction bill against the
President of the " United States in regard to the
exscumon OF the supplementary reconstruction
bill The Court, in Its opinion, denied that the
Presidents duties under the laws in question
were merely ''ministerial," as in the eK 81 else
OF the power to see that the laws are faithfully
executed, he is required TO assign generals to
commands In the several military districts
and TO detail SUFFICIENT military force to en- able
such ofhcers TO discharge their duties under
the law, all of which, and other duties i'm
posed by the supplementary reconstruction
bill, must necessarily be performed under the
supervision of the President as comma pder.
,n An attempt" says the Court con
eminent TO enloin the performance of such
duties by the President might be Justly char
acterlzed, IN the language of Chief Justice
Marshal, as an absurd and excessive extray-
agaDce. Abiding to the alleged "uncon-
stItutionality' of the reconstruction bills
the Court says that had it been supposed
at the bar that this Court would in any cas-
interpose 70 arrest the execution of an uu-
constitutional act of Don grese it can hardly
be doubted that applications with that object
would nave been heretofore addressed to it
The fact that no such application was ever
before made IN any case indicates the general
Judgment OF the profession that no such an
pllcation should be entertained" The opin-
ION OF the Court then goes on 10 show the i'm .
Propriety and probable consequences OF IN
reference by the judicial department of the
Government between the legislative and exec
utIve departments. stating that if the iniunc-
ton asked tor should be allowed, and the
President refuse to obey it, the Court was
without power 10 enforce the process off
on the other hand, the President compljes
with the order of the Court and refuses TO ex-
ecute the act of Congress, il was clear that ,
collision might occur bet ween the eXecutiya
ana legislative departments of the Govern
ment. Might not the House of Representatives
lmpeach the President for such refusal and in
that case could the Court Interposs in behalf
OF the President thus endangered by com.
pliance with its mandates. and restrain nv in
junction the Senate of the United States from
sitting as a court OF impeachment WouId
the strange spectacle be offered TO the public
wonder OF an attempt by this Court to arrest
proceedings in that casef These ouestIons
answer themselves The decision Concludes
by stating that ave fully satisfied that this
CourL mas no jurisdiction of a bill TO enforce
the President In the performance of his
Official duties, and that no such bill ON oht 10
be received by us" On the announcement
OF the decision Ex-Governor Shark ey, OF MIS-
slsslppl, SAID the objection to the bill which
q e had attempted to file seemed 10 be that il
was an effort to enjoin the President and AS
me Dill was not filed, he could amend it TO
suit the views of the Court. and offer il again
Chief Justice Chase informed him that vhen
another bill was presented II would be con-
sidered, and fixed Thursday as the next mo-
uoh Gay. Inc Mississippi bill, 1T will be re-
memoered, differs from the Georgia bill in
containing the name of the President Attor-
ney General Stanberry making no Direction to
the reception OF the latter, the Court granted
leave 10 file it, and II will not now come mn
before December next, as a rule of the Su
preme Court requires that "process issued ont
OF TINS court in anv suit OF equity shall he
served on the defendant sixty DAYS before the
return ofsuch process" Yesterday subppuas
were issued against Secretary stanton Gen.
Grant, and Gen. Pope. the de endants The
Court Will be adjourned IN May, and as the
sixty days required by the return cannot oc
cur between now and the adjournment the
return day Of the process must necessarily he
at the next term Of the Court, which Is In De-
eember next BY that time Congress will GER
fanny DC In eeesion-and mayhap before Inat