The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1867-04-24

'Hg INJUNCTION CASES II rue SUPREME
COURT o. rHs UNITED STATES.
Washington, April li,P. N.
n, Ia he uprsas usart. today cAisf Jsss
tice Chase delivered the opinioai in lie csse
IL the State Of N ississipPi against p resi-
dent Johnson and General Ord on the 40.
tiua. Ior leave toe6Ie the bill restrslnins
them from the execution Of the reconstruct
|llun act. Tie Court dissented from the
|argument OF the counsel. that the Presi.
dent IL required merely 70 perform ruin.
|isterial act and held lhstaheltefass! 'midis-
,erial' and !" executive" are by no means
in import. A ministerial duty,
Inc performance vf which I'd proper cases
may Be rcquwed-of-the -head~of~adepart-
men, by Judiciary process, y one IN respect
10 which nothlng il lett 10 discrction. On
the ether hand. il is the duty of che Prcsi:
dent 10 see that the laws are faithfully ex:,
ecaled., And among these laws are the
reeonstruction acts. Al attempt on The
bar. u the Judicial department.. 70 enjoin
| the performance ut such duties BY the Pre-
s,dent, might justly be characterized, in
the Language OF Chief Justice Marshall, as
f. All absurd and excessive extra,s gance."
Congress is the Legislative department.
u the Government. The Presidens Is The
Executive Department. Neither can be re
..ra,nsL 10 lis, action BY the Judlcial De,
parlmeni. Though The acts OF both, when
performed. are proper cases subject to i''
fhs eoar, ' proceeded 70 show ,h.Iimpro-
prlely oil such indifference by considerlns
the probable consequences, and concluded
as follows: !" L has been susge.,ed tha. .he
bill contains Z. prayer that, u the reli.l
SOUGHT cannot be held against Andre "
Iohnssu, as President. IL may be granted
against him, as q citizen Of Tennessee
t,ut i, j. PLAIN that relief sgalnst the execu-
llan OIL an act of congressby Andres john
son, is relief against ITS execution by O.,
President A bill praying Tor an iwunc.
tiou ssailst the executions oi 40 act oil Cvii.
sress, by the incumoent of the Preslden,
llial ofice, canaot be received. whether u
DESCRIBES .him as President or simply as Z
cl,lxen oil Stat. The molten Tor leave
is therefore declined. In the case Of the
Stale oi Georgia, against certain oiieer,
the Attorney General makes no obleetlnn =
the 6luns Vi the bill. Aud We w,li thers-
lore grant leave To lile that bill. \.
Judge Saarkey SAID that the objection 4
| the blIl he attempted 10. Ole. seemed y b,
to tue eaoet ~ spjoin the Pres,dsut. rh'
bill vas moi fled and he could reform u Z
suit the vie~s Of the sssrt. and presen, =
j ssain. ..a.e. ef. 80
The Chief Justice replied that leave |,
file the matIun is refused, When The 9th
er bill is presented Is will be eonsidereL.s
| Jadge shsrkey said. 7 andersiood lh'
eoarl 10 say that the Application Can DC mad
on Thursday a@r.ss. TIKI 10 n
The caiei Justice replied "on Thurs
dsy."st $40 - lie - IL. sfg Z,
Thus ended. for the present. the proceed
ings in the cour,. ii5i tto4 81 II ~. 10 "
| subsequently. q subpoena vas ordered !
be issaed against Genera Pops. CON asnd
According 10 he rule Of the esurt. Prs
cess 10 10 be lssaed an the deieGdsnl STAT
dsys before the return DAY, vi the Pryeess
/ As the court wall aJloarn - MAJ, %
retain day 10 this case cannot be unsape
Dees mber. sa9s 8fa Ia. ~ xel
Tx woax Bseus IL ufsrasl--GtI
: ersi She Fi.ian has issued an order appoint
80 t,o.,ds ~ ryvtst rafiua for LOuisian