Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-05-03

The motion of the Attorney General to
dismiss the bills of complaint filed by the
States of Georgia and Mississippi respec-
lively against Secretary Stanton, Gen eral
Grant, and the military commanders of
the districts, lin one case General Pope,
and in the other General Ord,l came on to
lie heard Yesterday The argument was
cemmenced by Attorney General Stanbery,
who said
It is stated in one of the briefs filed by
NV learned friends that no more important
.ase than this has ever been before this
court, or called to its attention, or submit
ted for its decision. If the gentlemen
mean that the question set up III this bill
+, the question before this court; if they
mean that the question which now divides
,be people Of the United States into two
roat parties is here; if they mean that the
.reat controversy as to the mode and man
ucr and time of reconstruction, and the
. ,cttlement of the state of things cOnse-
.nent upon the rebellion, Is here for decls-
N. anu quite willing to admit, although
am accustomed to hear lawyers Overstate
\ the importance of their cases, that the i'm
1ortance Of that question cannot be over
-ated but if that is the question here, l
i md myself in a very awkward position. If
/ tie political question Is here, and L am to
"a
mould rather choose to take my place by
. the side of the opposite counsel and argue
N with them the political question for ali
nv sympathies, SO far as l am a politician,
m. with them. If however, rs [ conceive,
lat question Is not here at all; ii here we
are only to consider judicial question, and
-..a case before the court, and if, as L appre-
md, [ am to speak only as lawyer and
10 the case. then, indeed, L feel myself to
as. in the right position, and, [ may be al
! wed to add, on thu right side. And l
nail take care through the case hereafter,
ID speak of it as a lawyer, and to speak OF
he case before the court, for, IN my Judg-
/ nent the great question that now divides
us from one end of the country to the
ether is not here at all, is motto be discussed.
md certainly not to be decided; foralthOugh
this court sits to entertain great cases and
To decide great questions, that question
this court can never decide, and 1t is not
one of those great questions that your
iIonOrs can take cOgnizance of.
Then, in the first place, let me endeavOr,
.1 rs few words as possible, to get before
Your Honors what is the case and the ques-
.ion submitted [ think the best way i'll
which I can present 1t preparatory to the
rgument is to begin with the laws or acts
Of Congress that are here brought in QueS-
ton, upon the execution of which 1t Is al
legged by the compliments that they are TO
su1fer injury. L deem it proper that the
curt should first be fully possessed Of these
acts of Congress and of what they enact,
before considering the statements of the
III Of complaint, for, without understand
ug what the acts of Congress are, the ale
eatiOns in the bill will not be we'll under
TODD by the court. These acts of Con
rrcsS are very recent. 1t is only within the
asst month that they were passed, and yet
they are said to be here for adjudica-
tion. The first is the act of March =, 1867,
PASSED by the Thirty-ninth Congress, to-
wards the close Of its session, over the veto
If the President, entitled can act for the
more efficient government Of the rebel
States"
The Attorney General proceeded to state,
in detail, the provisions of the military re-
construction act of March 2, and the sup
Elementary act of March %, 1867.
This is an original bill in equity filed in
This court. The parties to it am now
speaking of the Georgia case-are the State
Of Georgia as complainant and as sole com
pIainant, and Edwin NJ. Stanton, as Secre-
tary of War, Ulysses S. Grant, General-in-
chief of the Army of the United States, and
General Pope, the military commander of
he Third Military District, in which is
comprised the State of Georgia, as defen-
iants. These different officers are also de
scribed in reference to their citizenship
hat the Secretary of War is citizen OF
The State of Ohio, and General Grant and
General Pope both citizens of the State OF
Illinois. That is the character of the case,
50 far as the parties are concerned.
He next proceeded to analyze the various
allegations in the bill Of complaint, which
alleged these acts of Congress to be uncon-
stitutionaf and void, recited the origin of
he State of Georgia, and claimed that their
eXecution would annihilate the present
State of Georgia, take away all its political
rights and interfere in its domestic affairs
N particulars not committed to Congress,
specially as to the exercise of the right of
outrage in that State The bill alleged
mat the President, although he vetoed
these acts and endeavOred to prevent their
passage, considers it his duty to execute
them, and hence it becomes part of the
functions of the Secretary of War and OF
the Commanding General to receive orders
from the President, and transmit them to
the proper officers who are to execute these
laws. 1t is alleged that Mr.. Stanton and
General Grant give out in speeches that
they intend to issue and transmit such or
derS as the President shall give them. 1t
is further alleged that the President has
appointed and designated for the district
N which Georgia is comprised a military
ommander-General Pope, citizen Of
Ilhnois-who gives it out in speeches and
threatens to execute these laws and will
execute, unless restrained by the order of
the court.
These are the dangers threatened these
are the rights invaded. To protect these
rights, to avert these dangers, the court is
asked to interpose by preventive injunc-
ton, and to stop from beginning to end
the execution of these two acts of Congress
to stop it now, this moment, for they say
that if this is allowed to run six months the
injury will be consummated, and there II
be no relief that is not instantaneous and
preventive. This court, therefore, is asked
to enJoin General Grant and Secretary
stanton from receiving any orders from
the President and conveying them to the
military commander of the district, and to
enjoin that military commander and the
forces under his command, and all the ma.
chinery that is to be set at work by him TO-
wards carrying these laws into execution.
from taking one step or making one order
towards their execution. But at last the
gentlemen stOD before these lave ono f1l