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

| WASHINGTON, ApTil 10.
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 ofthe rscorstrlc-
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 thereon
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 Government-the President is the e1t
ecutive department.. Neither can be re-
strained in it's action By the judicial de-
partment, though the acts of both, when
performed, are, in proper cases, subject to
its cognizance. The court proceeded so
show the impropriety Of such interference;
by considering the probable consequences,
and concluded as follows: cit has been
suggested that the bill contains prayer
that if the relief sought cannot be held
against Andrew Johnson as President, it
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
a bill praying for an injunction against
the execution of an Act OF Congress by
the incumbent Of the Presidential office
cannot be received, whether it describes
him as President OF simply as citizen OF
q State:'. The motion to lille the bill Is
therefore, denied:
In the case of the State of Georgia
against eel tain officers, the Attorney-Gen-
eYral RI makes no objection to the pollcy OF
the bill, and he will, therefore, grant leave
to file the bill :: !
/ 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
il to suit the views of the court, and pre-
sent it again.
6le the motion is refused When another
b;ll I % ;s nresented. it will be considered.
.Judge Sharkey-I understand the court
to say that application can be made on
1Hl The Chief Justice replied: On Thurs
Il Thus ended, for the present, the pre-
ceedings in court. Subsequently, ,sn6-
nmna Was ordered to be Issued agaipst zen.
Pope, commanding iii Geoygia: Accord, a.
inc to the rule of the cosrts process is 70
be be served on defendants sixty days before
the return of .tlssprocess. As the coare l:
will vii adjourn IN May, the returns IN TINS
case. .caiinot be made until next Decemoef'
o.ssss'''. .ess WASHINGTON, April l6.
THE registration In the fifth ward COM
menced Yesterday; and 45s were register
ed If which 247 were colored.
~ The he Senate has agreed to adjourn on
I nur,na an incidental debate in the SEN
ate Chandler charged Fessenden with
having said the latter would confirm cop
nerheads and rebels. Fessenden repudlaa-
lpsJ th;s with tbe scorn and contempt which