The south-western. [volume] (Shreveport, La.) 1852-1870, 1867-04-17

Florida two in South Carolina and one In Texas nc
vet named
Rousseau is finally confirmed Brigadier General.
Charles 0'Connor, in the Supreme Court to-day
asked leave hand the clerk copy of the pe.itlo
4 of the State of Georgia, which tomorrow he intend
to ask leave to file. The court said he could So At
torneE General Stanbcry said this petition differed iron
that of Mississippi in the fact that the President wa
not made party to the in junction, and further states
that Stanton. in behalf of the military authority, hat
requested him to take entire control of the defense
The court requested, but declined, to take orde
as to arrangement for arguing this question 1t i
probable however, that the motion to file two peti
tons will be jointly arranged.
Senate-Af resolution introduced calling on th'
President for any legal opinion, officially given him
regarding the tenure of Office bill Passed.
i Resolution fixing day for adjournment occasioneC
characteristic debate and developed the fact that tbs
Senate is willing to divide officers hale Radical anG
half Democr ats but the President is firm in his deter
mination to adhere to his friends In reply to argu
ment that unless the President yeided, during
cess placed persons in Office Objectionable the Sen
ate, he should be put out of the way in july Fessen
den replied that the President, equally with the Sen
ate, was part Of the Government, and might with
equal propriety threaten to put the Senate Of the
way, unless it accepted his measures. The whole
question indefinitely postponed. Executive SEES
| sion.
Applications Of one hundred and fifty three former
United States officers fftyfo members of Congress
and hundred and four prominent Confederate Of
icers on file in the Attorney Generals office for
pardon.
1t is understood the President has legal advice of
his right, the Senate failing confirm nominations,
to fill offices vacated previously to the passage of the
/ tenure of office bill.
A cabinet of samples Of wool, to govern the new
tariff, has been placed in the treasury department. and
| the president of the National Wool Manufacturers
Association invited here to inspect samples.
|. WASHINGTON April 12-The Presidents health il
greatly improved and he attended cabinet meeting
Maryland returns thousand majority fore con-
rention.
Senate-Afer very long debate the Senate adopted
/ a resolution TO adjourn Tuesday.
In the Supreme Court on the motion to Gle the
Mississippi bill, the Chief Justice said motion to file
bill was usually granted matter of course, but
if suggested that the bill contains matter scanda ieus
unfit to come before the court the court examines
it Or refers it to master. In this the attorney
general objects TO the bill containing matter unEt to
bring before the court, and that is the only point
which can row be considered. Upon that point the
court will first hear the attorney general. 0Connor
announced himself and associates in attendance
should it be decided to argue both bills The attor-
ney general said the Georgia bill lacked the point on
which he proposed to oppose the filing of the Misss-
sippi bill. The Mississippi bill was in legal sense
scandaous, IFS it proposed making the President de-
PENDANT before the court. Sharkey said he had in
tended the bill to proceed against the President as
citizen of Tennessee. Stanbery read portions of the
bill claiming it msnifcstly aeans the President as
President. He alluded TO a process somewhat SINH
lar issued against Mr. Jefferson in the Burr trial Mr.
jefferson did not obey nor even take notice of the
process as officer He should advise the President
to disregard the subpoena and traced the result should
the court persist and the President remain firm The
court TO maintain its dignity would have to imprson
the President for contempt. He maintained tAat
equally with the King of England the President was
exempt from proceedings OF this Kind. He could
only be brought before the bar Of the Senate after i'm
parchment. The court could punish him for acts com
mited while President, but he was beyond their ju
risdicton while occupying the chair He also main
tanned that the action against the United States
Government as much though the Government were
named. He announced that he appeared there at the
request of the President who, when the bills passed
over his veto, there but duty in his estima-
ton resting on him, that faithfully to carry out
and execute these laws. z. j. Walker followed and
the court took the motion under advisement
washington, April lS.-The Supreme Court took
motion of leave to file Geogas bill for consideration
without argument Chase said if the Court wished to
hear the argument it would notify counsel.
Interesting argument yesterday adjournment. |
Point made that the special session called by the
President can legally adjourn without his consent. II
would be dispersion The difficulty lies in keeping
quorum together, without which'the Senate cannot
work adjourn sine die. If quorum is present
Tuesday, the session will probably be prolonged if
terday'S action.
The President is receiving visitors as usual Henry
J. RAYMOND, editor of the New York Times is nomi- /
mated minister to Austria. Eugene Tisdae confirmed
collector for third district of Louisiana Fran
els A. Hall was rejected fer register of the land Office
at Monroe, Louisiana.
WASHINGTON, April 1.-the President has nomi- .
mated to the Senate Commodore Henry Hoff, for
Rear Admiral, vice Bell, retired.
The Supreme Court of the United States to-day re-
fused entertain the Mississippi bill against Presi-
dent Johnson but allowed the Georgia bill TO be filed
as the same objection did not apply to the latter.
In the Supreme Court to-day Chief Justice Chase
delivered opinion in the of the State of Mis-
sissppi and Gen. Ord and others, motion for leave
to file bill restraining them from execution of the
act Court dissented from argument
Of counsel that the President is required merely 20
perform ministerial act, and held the terms mniste-
'al and executive are by means equivalent in i'm
port. An lunministerial duty, the performance Of
which may in proper cases be required Of the head of
department, BY judicial process, is in respect to
which netting is lent to discretion. On the other
land it is the duty of the President to see the ws
faithfully executed, and among those laws is the re-
act An attempt the part of the ju-
iicial department to e. join the performance which
ues by the President might justly be characterised
n the language Of Chief Justice Marshall as an alb
urd and executive extravaganza. Congress is the
legislative department of the Government the Pres
lent the executive department. Neither can be re-
trained in its action by the judicial department.
hough the acts of both when performed, are, in {
roper cases, subject to its cognsance.
The court proceeded to show the improperly of
uch interference BY considering the probable conse-
uence, and concluded as follows 1t has been sur-
ested the bill contains prayer that if the relief
ought cannot be had against Andrew johnson, as
RESIDENT it may be granted against him as a citizen
Tennessee; but it is plain that relief against the
secutive of act Of Congress by Andrew Johnson is
elief against Its executive ty the President bill
raging for an injunction against the executive Of an
ct of Congress by the incumbent of the presidential
lice cannot be received whether it describes him as
resident or simply citizen of State. The mo- Il
on for leave to file the bill is, therefore, denied In
lie of the State OF Georgia against certain OFF,
rs, the attorney general makes no objection TO the
o1icy of the BILL and will the reore grant leave to
lie that bH.a
Judge Shakcy said the objections to the bill he at II
mpted to file seemed be- it was an effort to enion
lie President. The bill was not fled and he could
form it to suit the views eff the court and present it
5ain. The Chief Justice replied leave to file the mo-
On is refused. When another bill is presented it =
i'll be considered. Shakey-I understand the court !,
Us that application be made Thursday. Chief =
lstice repl!ed-on Thursday. Thus ended for the 4
esent the proceedings in court. Subsequently
bPGna was ordered to be Issued against Gen. Pope e
in Georges according the rule OF the =
nrt Process is to be served on defendants sixty !
before the rein IF ri, IL, q