The New York herald., 1867-04-27
THE gREIYN]UNlfI0Nt OASIS
!. -.
The Mississippi and Georgia Bills Be-
fore the Supreme Court.
Attorney General Stanbery's Argument
Against the Georgia Bill.
Mr. Charles O,C0nOr,s Plea I'm
Favor of the Bill.
WAsHrsdroS. April %. 1857.

WASHINGTON. April 20. 1857.
The motion Of the Attorney General 70 dismiss the
bills Of complaint filed by the States Of Georgia and
Mississippi respectively against Secretary Stanton, Gen.
sral Grant and the military Of the Districts
In one General Pope and in the other General
ord-came on to be heard to-day. Tho court was
crowded by lawyers including many Of Distinction and
other interested auditors among them the Secretary Of
the Treasury All the Judges Of the court were the
bench.
Argument Of tho Attorney General.
The argument was commenced by Attorney General
SrANBsRy, who said 1t Is stated in OF the briefs
nled by my learned friends that important
than this has been before this Court called
70 its attention, or submitted for its decision.
II the gentlemen mean that the question set
up in their bill is the question before this Court if they
mean that the question which divides the people
Of the United States into two great parties Is here II
they mean that the great controversy the mode
and manner and time of reconstruction and the SETTLE
ment of the state of things upon the rebellion
is here for decision, quite willing to admit although
l am accustomed to hear lawyers overstate the mpor
tance OF their cases. that the importance OF that question
cannot be but II that s the question here find
myself In very awkward position II the political
question Is here and am to talk politician and not
lawyer, should rather choose TO take my place by
the side OF the opposite counsel and argue with them
the political question; for all my sympahes, 30 far as
eve Sa all Sse We as on
20 consider judicial question and the case before the
Court and it. as approhend. am 70 speak only as
lawyer and to the case then indeed feel myself to
be in the right position and, l may be allowed
70 add, the right side and 1 shall take
caro- through the case hereafter to speak Of it
a lawyer and TO speak of the before the
Court for in my judgment the great question that
s1a 10 BE- 10
TO be decided for although this Court to
great and TO decide great questions that question
this Court can never decide and is OF those
great that your honors take
or Then, in the first place. let endeavor. in few
words possible get before your Honors what the
and the question submitted think the best way
in which can present preparatory to the argument
brought In question upon the execution Of which, il is
alleged by the compainants that they suffer injury
that ~ 1s ou .a % Se @ s
plant; for, without understanding wha. the acts Of
Congress are the allegations In the bill vii. not we'll
understood by the Court These acts OF Congress are
very recent It is only within the last month that they
Indication The first is the act OF March 2 1857 passed
by tho Thirty. ninth Congress- towards the close
e 1o o rsse
The Attorney General proceeded to state in detail the
provisions OF the Military Reconstruction act of
March and the supplementary act OF March 90.
This an original bill IN equity filed this Court The
parties to til am now speaking Of the Georgia case
paiuant and Edwin M Stanton the Secretary Of War;
Ulysses Grant, General in Chief Of the Army OF
United States and General Pope, the Military Com.
mander Of the Third Military district in which is COM
prised the Safe Of Georgia. defendants These diff
fcent officers also described in reference to their
citizenship vizThat the Secretary OF War Is citizen Of
the state OF Pennsylvania and General Grant and Gen
oral Pope both citizens Of the State Of Illinois That
allegations in tho bill Of complaint which alleged
and voa, s recu.ed e. Tie origin Of the State Of
Georgia, and claimed that their execution would
ns q 10 sss AZ s Is
particular, not committed 70 Congress- especially a. TO
ihe exercise Of the right Of suffrage in that state The
bill alleged that the President although he vetoed these
acts and endeavored prevent their passage, considers
II his duty execute them, and hence becomes part
Of the functions OF the Secretary Of War ana OF she
Commanding General 70 receive orders from the Presi-
and transmit them TO the proper officers who are TO
General Gran, gave out in speeches that they intend
Issue and transmit such orders as the President
shall give them Il is further alleged that the the
President has appointed and desgnated for the
Ssssos General Pocs citizen Of Illinois, who
Sheee laws and will execute unless restrained by the
order OF The Court These the dangers threatened,
nS .nse Court % by
preventive injunction and 70 stop from beginning 10
end the sssIr0n Of 9s,s two sS S S. . ~
% run for months the injury will be consummated,
and there can relief that Is not instantaneous and
preventive This Court therefore is asked 70 enjoin
General Grant and Secretary stanton from receiving any
orders from the President and conveying them to the
military commander and the forces under his command
and ali the machinery that Is 10 be nj work by him
towards carving these laws into execution from taxing
oue step or making one order towards their execution
Bat a. last the gentlemen stop before these laws are
fully executed They carry their prayer for
an Injunction down 10 tho meeting Of the
Convention They might well carry
Il further and snjoin the Convention from forming
constitution; little further, and enjoin the people
from atfyng the constitution; little further yet and
snjoin the President Of thai Convention from send.
ang that constitution here 70 the President; step fur
thsr and spjon the President from ssndng that cons
snton 70 Congress; sep further and enjoin Congress
from accepting IL for after all that 10 the point that
works al the mischief and nothing but that does work
a. until Conge8 acts all that Ia done Is seather and
prunellA" No state constitution now formed Is dis
paced until ne nna oct Of communication by Congress
Is dona Why not them my friends. have gone step
further and 70 get relief enoin Congress from raiyng
the consttuton Until that act comes you are not w
tured Ny hrst objection that We have not such par
ties here ~ authorize this Court TO entertain any case
ne bill 10 Med under that clause OF our constitu-
Hon which gives 70 this Court original jurisdiction
In controversy between . State. As plaintiff, and
ctixsn Of another and different State @ DEFENDANT The
Jurisdiction 10 nos because OF the subject matter but be-
casss Of the pares 20 thai happened that stanton,
Grant and Pope were citizens OF the District OF Coum
bta % Of Territory or citizens OF this very State Of