Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-04-08
RECONSTRUCTION IN THE ST.
PREME COURT.
Judge sharlkey and Robt. J. Walk.
or Fns a Bill.


the Supreme Court this morning on be
, half OF the State of Mississippi. The
former rose 10 submit bill of complaint
and prayer that President johnson and
his ofieers and agents, especially. Gen,
L. o. @. Ord, be perpetually enjoined
and restrained from the execution OF
the act TO provide for the more efficient
government OF the rebel States, and the
act supplementary thereto, and pray that
an Injunction and subpoena beissued and
directed 10 the parties aforesaid, with
any other relief thatthe Court may deem
proper.
Judge Sharkey remarked that the bill
had been printed. .ss,.
1 Attorney General Stanberry said he
believed il was the general practice TO
obtain leave Of the Court TO file bill
This bill was against the United States,
and be desired to appear at the earliest
possible moment TO object to it, He re-
peated there must be motion to file a
bill in the regular way.
Judge Sharkey replied that that was
the motion which he now made. He was
aware of the magnitude of the subject,
involving as II does the important and
delicate question Of the constitutionality
Of Congressional legislation. IL was of
great moment that. early discussion
should be arrived at, and much mischief
might result by delay.
Chief Justice Chase to Judge Sharkey;
"You can only now move to file the bill,
and il will be in order to discuss it at
next meeting day"
Attorney General Stanberry: I" / am
ready now to resist the granting Of leave"
The Chief Justice I'VE don't propose
to hear argument on the motion ont of
the regular order. The motion will be
6led.
Judge sharkey; 81 will now file she
application
This he did, and the question went
over until next meeting day, Friday next.
A bill, filed by Judge Sharkey and
Robt j. Walker in the Supreme Court
Of the United States, on the complaint
Of the State Of Mississippi q in behalf of
herself and such other States as may be |
interested in the premises who shall, by |
consent Of the court, properly make |
themselves parties hereto, against An
drew johnson, citizen OF Tennessee |
and President of the United States, and |
also against Gen. 4. o. G. Ord.
The petition sets forth at length the
history Of the formation of the State of
Mississippi, claiming, besides the pro-
lection Of the constitutional rights Of
State, that there are compaets funda-
mental, irrevoeable and unalterable,
securing forever to the State of Missis.
sippi her rights as State in this Union
under such compacts and the rights re.
quired under them"
The petitioners believe this court will
regard it as its duty to maintain in some
manner, at least, as it would enforce
betweenl Individuals, by injunction or
otherwise, the specific performance of
contracts. Averment is made that the
Congress Of the United States cannot
constitutionally expel Mississippi from
the Union, and that any attempt which
practically does so is nullity, and that
there is no provision in the Constitution
of the United States which subjects her
as State to any pains, penalties or for
FIXTURES as a consequence of such void
attempt Of portion Of her people to
withdraw her from the Union; all pow.
ers to punish State by expulsion or
otherwise for any cause having been ex
pressly refused in the convention which
framed the Federal Constitution.
She AYERS that her citizens lost none !
of their political rights nor incurred any J
penalties except what might be inflicted !
on them as individuals by due process
Of law after trial by jury.
She AYERS she has exhibited her good !
faith and adhesion to the Constitution by
eleoting Senators and Representatives to {
Congress, and complains that they have Q
been wrongfully excluded, and that her
people have been compelled to pay taxes |
and bear the burdens of the Government s
without representation.
The act to provide for more efficient !
government of the rebel States and the q
act supplementary thereto would utterly 9
the State and government, by
that Congress has power to
control, modify, and even abolish its
government, in short to exert sovereign
power over it, and the utter destruction
Of the State must be the consequence Of .
their execution. The scope Of power I
vested in the military commanders so
broad, so comprehensive, was never be- =
fore vested in military commander in
any government which guards the rights
Of its citizens or subjects by law.
The bill Of complaints concludes as
follows
Nov the complainant expressly
charges that, from information aud be-
lief, the said Andrew Johnson, President, !
in violation of the Constitution, and in
of the sacred rights of States,
will proceed, notwithstanding his veto,
10 the execution Of said acts as though
hey we're the law of the lAsd, which the .
Eetoes prove he would not do if he had
any discretion, OF that in doing so
he performed anything more than
ministerial duty with view to !
he execution Of said acts The !.
said Andrew johnson has assigned !,
military commanders to several districts
10 carry into complete execution, and '
for this purpose has assigned Gen. L. o,
Q. Ord 10 the command Of the Statesof
and Arkansas, whom com
plainant prays may DO defendant to
his bill, and served with all process, etc,
md complainant further AYERS that said !.
Gen. f. o. c. Ord will speedily enter on
ne discharge OF said duties unless re-
strained BY this honorable court
Exciting Tals-Tsrribls Suffering March !
Of 1900 kiles-Indian DsviltriSs.