The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1867-04-24
Washington News and Gossip.
WASHINGTON. AprlI I5.


In the Supreme Court, to-day, Chief
Justice Chase delivered an opinion in the
case of the State of Mississippi against.
President johnson and Gen. Ord, on a
motion for leave to file bill restraining
them from the execution of the reconstruc-
tion Act. The court dissented from the
argument of counsel, that the President
is required merely to perform ministerial
act. and held that the terms ministerial
and executive are by no means equivalent
in their import. A ministerial duty' the
performance of which may, in proper
cases, be required OF the head ofa depart
ment by judicial process, is one IN respect
to which nothing is left to discretion: On
the other hand, it IS the duty OF the Pres
ident to see that the laws are faithfully ex-
ecuted, and among the laws are the recon-
struction Acts: An attempt on the part
of the judicial department to enjoin the
performance of such duties by the Presi-.
dent might justly be characterized, in the
language of Chief Justice Marshall, "as
an absurd and excessive extravaganza: =
Congress is the legislative department. Of
the GoyernmentSthe President is the e1t
ecutive department Neither can be re-
strained in its action by the judicial de-
partment, though the acts of both, when
performed, are, in proper cases, subject to
it's coenizance. The court proceeded TO
show the improperly of such interference;
by considering the probable consequences,
and concluded as follows: cit has been
suggested that the bill contains a prayer
that if the relief sought cannot be held
against Andrew Johnson as President, 1t
may be granted against him as citizen OF
the State of Tennessee: But it is plain
that relief against the execution ofan Act
of CONGRESS by Andrew Johnson is relief
against its execution by the President
4 bill praying for an injunction against
the incumbent Of the Presidential office
cannot be received, whether it describes
him as President or simply as citizen OF
q State. The motion to file the bill IS
therefore, denieds
In the case of the State of Georgia
against eel tain officers, the Attorney-Gen-
eral makes no objection to the policy OF
the bill; and he will, therefore, grant leave
to file the bills
Judge sharkey said the objection to the
bill he attempted to file seemed to be that
If was an effort to enjoin the President
The bill was not filed, and he could reform
If TO suit the views of the court, and pre-
sent it again. g.,
The Chief Justice replied, that leave to
file the motion is refused. When another
bill is presented, it will be considered.
Judge Sharkey-I understand the court
to say that application can be made on
Thursday. !. :, o. n,
day. oo,s tho nro.
oood;nos in court. Subsequently, rs sno-
,oena seeu, was ordered to beissued agaiDse zen.
Pane e%rr.e' = commanding or iii GeoygiG Accord
rope tTe',lf tIe rnIe of the courts process is to
1n served ~ on defendants sixty days before
the tr re return of he'process. AS the court r:
will viii adiour1fSin May, the returns IN tins
case @ eaHnot be made until next December.
..,'s ,..sss WASHINGTON, April l6.
7 The registration In the fifth ward com
menced Yesterday; and 45s were register
ed, Of which DAT were colored.
The Senate has agreed to adjourn on
: y, Tnr,ng rim an incidental debate in the SEN
ote Chandler charged Fessenden with
I having said the latter would confirm cop
nsrbeads and rebels. Fessenden repudla-
ted ted this with the SCOTT and contempt wnlch