Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1867-04-12
The mississippi Bubble.

The Mississippi Bubble.
On Friday last Judge sharkey and
Robt. J. Walker, representing the
wild cat Government of Mississippi,
attempted, ostensibly in behalf of that
State, to bring the question of the
constitutiOnality of the reconstruction
law before the Supreme Court. Claim
ing that the Union is a compact and
that Mississippi is entitled under it to
rights of local government which have
not been forfeited, they presented a
bill of injunction to prevent the exc
eution By the President and General
Ord Of the reconstruction law which
they aver to be unconstitutional and
void. In short, as says the Cincinnati
Gazette, they propose to throw the
Government Of the United States into
chancery, and to place an Injunction on
Legislative power.
The applicants found themselves
met on the instant by Attorney Gen
eral Stanberry, who objected in a very
decided manner 20 receiving the in
junction, and by the Chief Justice
who said the only thing they could do
was to.ask leave to Gle it and the mo-
ton could be argued April 18th, but
not before. Judge Sharkey, much
Disconnected, gave notice that he would
on the date proposed, address the court
In favor Of his motion to file the bill.
Here the matter rests for the present.
The measure has been concocted by .
few Southerners and is regarded as
ridiculous By lawyers of most diverse
political views. That it is as legally
impraeticable as it Is morally absurd
is clearly shown by the following for
chile and. pertinent argument from the
Cincinnati Gazette discs 7ae
A suit By State against the Con-
Rress of the United States would DO a
new feature; but We presume there
are many who have been shocked at
the proposition to impeaOh the PTesI-
dent before the high court of the ma
ton. which the Constitution has pro-
vided for that duty, and to depose him
from Office, for misdemeaneF. who
will not be at all startled at this prop.
osition that the Supreme Court shall
place an Injunction on the whole eX-
eeutive and legislative power. Indeed
a government of q legislative assembly
and an executive, subject to manda-
mus and injunction by a majority OF
ope on the Supreme Bench, would seem
to many the perfection Of popular gov
ernment. provided that one were Of
the right party. If not, they would
tIliu it a government to. be destroyed
and reoonstruoted, sitter the Demo-
cratic method when the election goes
Should she Supreme Couat entertaiu
this bill, we suppose the first question.
in a rational Investigation Will be
whether the party has the righttO come
into court. He claims to be the Gov
ernment of the State of Mississippi.
He will be required TO show that he is
the legal State government. Can he
do this to the satisfaction of the Court7
Bv what law, State OF National, was
this so-ealled. State government form
ed +? They recite the formation Of the
State and its admission into Union,
and they claim an unbroken succession
of that condition and Of all the rights
and privileges belonging to it.
But they keep back the main part
of the relation. This is not the State
Government that Congress accepted,
nor is it any legitimate successor there
to. Ii was not formed by authoTi ty
of any State law, nor by warrant of
the Uuited States, nor has it been ac-
cepted and legalized by them. The
| Court cannot know this fictitious State
Government as party to q suit, un-
| less it allows that the President may
set aside State Governments BIZ his
word, and reconstruct them subject to
| his conditions. 1t looks as if this
would be setting up vastly greater
strength Of power than TO allow that
/ when no legal State Governments are
in existence, OOngess may regulate
their formation. -.
The fact is, the so called Seate of
4 Mississippi is lame, and cannot get in
| to court at all without setting aside
all law. Aud If she could get in, the
/ Court. if it followed the law and Its
! own precedents, would say to her that
the question whether her present State
/ Government is loyal one, or wheth-
er Congress may authorize and regq-
I LaLe the IOEAAAAUu Vi auUtNCA Vu0g -
/ not agiudieial but political question,
aud is for the legislative power to de-
! In the case of the Dorr rebellion,
where two organizations claimed TO be
the legal State Government, the Su-
preme Court, which was appealed to,
/ declared that the question as to which
was the legal State Government, was a
I political one, and belonged to Congress
and not TO the Judiciary, TO decide
/ The position covers this case, and 50
the Court would declare if there were
any case before it involving the cues
ton; unless the court has fallen into
hands which would use the Judicial
/ power to protect rebellion from subjec-
! ton TO conditions ofpublic security:
Congress has not expelled Mississip-
ri from the Union, therefore there
4 need be no argument on that poInt---
4 It has held her fast. and is providing
FOR her good behavior In the Union =
| She tried 90 secede, rebelled, and car
ried on war Rs a foreign State fpI
|. four years against the nation, Con,
1 Eress Is now subjeeting het TO terms oi
/ peace and upon certain conditions fol