The New York herald., 1867-04-11
eEoReIA IN TINE SUPREME COURT.


sssion. iss
GEORGIA m TINE SUPREME COURT.
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Application fer IN Iniuncsisn Against the
= Operations Of the Recenstrucsion Acts.
WASHINGTON, April 10, 1851.
The petition Of the State Of Georgia for an injunction
against The operations OF the Reconstruction acts has
just been completed, and telegraph you . copy It
was prepared by Charles 0Conor. jeremiah 8 Black, r.
j. Brent and Edgar J. Cowan. tits as follows, ,is
TO THE HoNoRAnIE rHE JusuCss o. rHe Surarnr Couxr
or THE .UsrfKD SrArrs:- ------ : -
America Srn s ~ $ Sne 81 q snc Tn,sed i stains o.
against Edwin NJ Stanton, citizen Of Pennsylvania;
Ulysses Grant citizen Of Illinois; and John Pope,
plainaut complains and respectfully shows thai the
said State Of Georgia, having been originally peopled and
did on the 4lh day Of July IN The year Of our
Lord Ito. unite with twelve other colonies Of the
same kingdom In the declaration Of the said colonies Of
their Independence and OF their separate existence az
States and did subsequently, unite with the said twelve
other States in articles Of confederation for the surcr
tracted conflict between the States conederated ana
Great Britain 70 wit on the Sd day OF September 17Ss
bepigersnts, which was subsequentIy 10 due form
ratified. whereby his Britannia Majesty acknowledged
the said States 80 confederated aforesaid each State
being distinguished by its proper name, and among
them this complainant the State Of Georgia. ITO be
free, sovereign and Independent States" and sreln-
toral rights the same and every part thereof THAT
subsequently the thirteen States which had thus
q moro perfect union assembled in Convention and
adopted constitution, creating federal government
over them all touching such matters Of general
as were by said constitution delegated TO it, which said
constitution was in due form ratidcd, that II became
binding upon all the said States and all the people Of
in pursuance thereof, has continued to this day That
in the year 1851 the State Of Georgia and certain
time deemed sufficient proposed and essayed
TO withdraw from tho Union formed by tho constitution
and % far as the same could be effected
TONED States sev orally in convention did avowedy
withdraw themselves That the executive and legsa-
States thereafter and in fact administered by the
remaining States, denied the right Of the said States
and which viii be hereafter referred 70 as the seeding
States to withdraw and this ssne civil war en-
sued That during the progress Of such war the Congress
thereof by proclamation, repeatedly declared in Sub
stance, that the Union formed by said constitution was
had TAKEN That such seeding States not then nor
BY any action Of their own could be removed with
drawn from the said Union that such war; Aforesaid
by the government Of the United States vindc-
lively, or for any purpose OF conquest subugafou,
slnton and laws and 70 preserve the Union aforesaid
BY defeating and overcoming the aforesaid essay and
nouncemens % smanasg nom the existing suhosi,ies
the United States apparently made IN COED faith and
es S q OPENING p ing door % sconson and
and the government Of the unlsed ssatos. re-
and all States and all persons whomsosver then and
heretofore engaged in armed resence the authority
june in the year OF Lord 1896 sy their srs
and make, 70 all intcnte and purposes full and
Continuing any scn rsssance and did also before he
last named day make perfect submission TO the
authorities OF the Unised States, thereby estab-
ltobi Anp In fkafS &lnvs
Of perfect peace and acquescence In the auth orIty
Of the constituted official departments Ard agents
thsr shows that ever since the las named day such
peace as last aforesaid has rcinsincd undesrrocd
perfect order "a I and tranquility In this rspcos and
entire obedience % the laws md govsrnment o.
existed ana s csss shroashout the said lately seed
ing Sates including e said State OF Georgia. In ~ fill
and perfect manner - the same did exist 10 any q
the said seeding states ~ any time prior 70 Their sad
attempt and they do cxist over did exist in
any other Of the United states Of America
And this complainant further shows that the Congress-
Of the United States, deemng expedicnt that all laws
OF tho said laoly seeding states respectively which had
in any way sustained or the sad attempt
should be annusd and that the governments Of snch
States should not longer be administered by executive
occrs who had been engaged in The actual prosecution
Of such as last aforesaid. suspended such State
officers from their fnncsions appointing Provisional
Governors n each Of such latslv scceding States and
instrumentalisy Of such Provisional Governors did
afford TO the electoral body of and in each or
opportunity,
in convention nbed TO rcadjus IN
conformity with the constitution and laws Of the United
States the relations OF such lately seeding States with
tho Statos from which such separation had been 30 at
tempted, and with the common government against
which such resistance as last aforesaid had
been so made. And this complainant further
shows that by such OF the people Of Georgia.
fairly constituted under the auspices Aforesaid and act
ing " law sno 81 ap sSo
IN any manner Or degree antssonstic % the authority
Of the United statcs, or 10 the sovcnmsnt or laws
cf Vi The states Of the United states Of Aercs under
the Constitution OF the United States. were aorogated
and annulsd thai constitution for the said 81 ate
Of Georgia sioptei by such Convention, declaring
the consuton sws and treaties Of the United States
se .G' n ana
substance agreeing in M general features with those OF
other States Of the Union, and In all material respects
people Of Georgia had lived In the Union for than
seventy years. that 70 say during the whole period cf
attempt TO withdraw from such Union, and except
that thereby slavery was acknowledged TO have been
abolished and was forever thereafter prohibited within
And this complainant further shows that afterwards,
ana before tho nrst day o. January 1893 the Governor
Chief Executive and the chief legislative officers Of
the said state OF Georgia. provided for 10 such con-
sttuton. did form and constitute those departments in
same consultation, and in the usual and accus.
~ tuned msnnsr % elected oy me grI'ncd voters s
their T respective once. ana ana the performances of bsr re-
spective olca dass that the judicial department Of
the said State Of Georgia and the judges constituting
the same IN ofcc at It's adoption, were recognized and
continued by said constitution, duo pro, ision
being therein made for ing vacancies then existing or
Thereafter 70 happen that since period preceding the
said 1st day OF January 1s66 the government
Of the state Of Georgia. In AL its departments 20 created
or recognized by and under the said constitution,
has been and stI IL in the full exercise OF ts functions
~ the actual and lawful government Of the state OF
Georgia, With the absolute consent and acquescencc Of
Of all the people Of that State, and without
doubt or question Of Ns authority by
any Of The citizens or Inhabitants OF said
State that during all the time last Aforesaid the said
-xxfra Department. constituting the government Of the
cert c. d Georgia have acted In harmony and con.
udIcisI denasskyery Of them, including the said
on numersus oecs.h having uniformly at all times and
And th,s comns,.sn Ma % Surthsa' ,aped constitution
val between the sdorsson of such n0at In NE uter,
the next eesisr Of the Congress Of the Intuition ana
member Of the ConxreHs for said State weresates
elected or chosen, and the provisional Governor 70
leased from duty and tho state government % organized
and put In operation aforesaid In Georgia fully recog
nizsd By tho Executive Of the United states.
and that such state R0vemment has been
continually recognized 10 tho present time.