The weekly Butte record., 1867-04-13

MISSISSIPPI SUES THE UNITED STArEs.-The State
Mississippi has instituted suit to establish her
ereignty, and right of representation in Congress
as State. A telegram dated Washington, April
4th, says:
A bill will lie fled by Judge Sharkey and Robert
j. Walker in the Supreme Court of the United
States TO- morrow on the complaint of the State Of
Mississippi, on behalf Of herself and such other
States as may be interested in the premises, who
shall, by consent of the Court, make themselves
parties hereto, against Andrew Johnson a citizen
of Tennessee and President of the United States
and also against Gen. E. O. c. Ord. The petition
sets forth the history, from its formation. of the
State of Mississippi. and claiming besides, protec
ton in her constitutional rights as State. There
are Compacts fundamental, irrevocable. and unal-
terra Bile laws securing forever to the State of Mis-
sissippi her rights as State in this Union. Such
compactS and rights have been acquired under them
that the petitioners believe the Court will regard it
TO be its duty TO maintain them. in the same man
ner. at least as it woud enforce compacts between
individuals, by injunction or otherwise. Averment
is made that the Congress of the United States
not constiiutionay expcl the State of Mississippi
from the Union: that any attempt which practi-
cally does so is null: that there is no provision In
the Constitution of the United States which subjects
her State to any pains and penalties, or forfeit
ures, as a consequence of such void attempt OF a
portion of her people 10 withdraw her from the
Union. All powers to punish State by expulsion
or otherwise. for any cause. having been expressly
refused in the Convention which framed the FEEDER
al Constitution she that her citizens lost none
of their practical rights incurred any penalties
except those which might be inflicted on them as
individuals by due process of law after trial by a
jury. She AYERS that she has expressed her good
faith and adhesion 10 the Constitution by sending
Senators and Representatives To Congress, and
comp lains that they have been wrongfully excluded
that her people have been compelled To pay tax
eS and bear the burdens of government without re
presentation. The act 10 provide for the more eff
supplementary thereto. completely annihilated the
State and its government. by assuming that Con
gre>s has power 10 control modify them. abol-
ish its goverument-in short. 10 exert sovereign
power over it-and the utter destruction of the
State mnst be the consequence The scope OF pow
er vested in the military commanders IS so broad and
comprehensive that the like was never before vest
ed in military commandants in any government
which guards the rights of its citizens or subject:
by laws.
The bill Of complaint concludes: Now complain
ant expressly charges, that from information and
belief the said Andrew johnson. President in vio
lation of the Constitution in violation OF the sacred
rights Of the States will proceed TO execute thest
acts as though they were the law of the land whcl
his vetoeS prove he would not do il he had any dis
cretiou. that in doing SO he performed anything
more than ministerial duty. With view 10 TIL
execution Of said sctS said Andrew johnson ha
assigned military oommandants to several district,
10 carry these acts into complete execution. an,
for this purpose has assigned Gen. E. q. {. Ord L
command the States of Mississippi and Arkansas
whom complainant prays may be made defendant
10 this bill and served with all proper process etc
And complainant further says that said 0rd vii
speedily enter the discharge OF said duties unles
restrained by this Honorable Court