New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-04-05
THE RECONSTRUCTION BILL.
TIH INJUNCTION FILED IN BEHALF OF TIE STATE
OF MISSISSIPPI


| u TEBrSR.
| W,suISGToN April J-The bill TO be filed by
jude sharkey aud Robert j. Walker In the Supreme
of the United States tomorrow h the complaint OF
the State Of Mississippi in behalf Of herself and such other
States may he interested In the premises, who shall by
consent of the Court properly make themselves parties
| hereto. against Andrew johnson, a citizen Of the
| state Of Tennessee and President Of the United
states; and also against Gen. j.. %: Z. ora
ton Of state OF Mississippi claiming beside the pro
Of the Constitutional rights OF STATE thht thee
are romnarfs FUNDAMENTAL rreyocabe and unalterable
securing forever the Mississippi her rights
state ~ the Union such coinpacts ana the rights nc
gurcd under them petitioners believe this Court will
regard IL ns it, duty 10 maintain In the manner ut
least IL would enforce between individuals by III.
| Junction otherwise. the specific performance OF
contracts The nverInent is made that the Congress
Of the United states cannot consttutonaly eXpe Msss
sipi from the Union and that any attempt whch Piac
tlcsy Is nuty; and that there Is no provision
In the constitution Of the United states, whch subjects
her a. state 10 any pains penalties or loflrcs, as
consequence Of such void attempt Of portion o her peO
| pie 10 withdraw her from the Union Al powers
otherwise. from any cause. having been expressly
! refused IN the Convention which framed the
Federal Constitution she AYERS that her citizens lost none
Of their political rights Incurred any penates except
poess Of Law. aiera trial by Jury ~ courts naNg Jnis
Of their oficnses and that disabilities attempted
to be IMPOSED upon hr or " Dn nr hoy Of neTnDs
are void and violations Of the Constitution OF mo
| isG! and VITA Virginia in 1857. She AYERS she has
exhibited good faith and adhesion 10 the Constitution
and S complains that they haSe Wrossny excluded
and mat ner people "'h h 'omp rGan.
/ Of government without representation. The Act TO
States aud the act supplementary thereto utterly ami
hintc the state and It's government by assuming for
Congress the power 10 control modify. and even abolish
It's government; in short. exert sovereign power
IT, the utter destruction OF the state must he the con
sequence Of their execution The scope OF power vested
in the military commanders 81 broad M comprehensive.
never before vested m The military commander IA
any Government which guards the rights Of lis citizens
subjects by laws The bill OF complaint concludes as
follows:
formation aud belief the said Andrew johnson, Presi
dent IN violation OF me & ana r III sonO1 S
standing his veOes and as mere ministerial duty To the
execution Of said acts though they were the law 81
the land which the yeoes prove he would not do II he had
any discretion that In doing 80 he performed anything
more than a ministerial duty. with view To the e1eeu.
ton Of said acts, the said Andrew Johson has assigned
military commanders 10 the several districts 10 carry
pofe has assigned Gen T. O. ord citizen Of the state of
Maryland, the command of the states Of Mississippi
S Ssd made AEan'a Gre S SO To hi. iii and
served with all proper processes, &c,i ana ana
Will speedily enter on the discharge Of said duties unless
restrained by this honorable court; and conplanants
arise under these bills II the government contemplated
by them be carried out which sooner rn or
VIII intimately ne decided unconstitutional In their whole
length and BREADTH and consequence all acts that
may have been done under them must be declared void
even to the constitution which may be formed under
them The mischefs that must result from such state
OF things incacuabe and without number not only
In regard 10 the rights Of property but for punshments
inflicted without authority; total Reorganization Of the
present Government, inasmuch as no elections
be held to fill the State Offices state OF anarchy
must intervene until the Government can be again re-
organized by the people Therefore public policy ths
for speedy redress And the complainant also charges
that This bill filed bill of peace and 10 prevent end
less suits and controversies, nasmneh ~ the execution
Of the acts must produce such I'm endless variety OF
driving aggriyed parties To seek redress against
officers aud Others who may commit trespasses
and crimes against the innocent. To prevent such
evils Of the grounds Ofequty Jurisdictions
aud the complainant AYERS that this appeal made 10
motives, from a spirit Of INSTRUMENTATION Ia law; but
fixed belief that these acts in violation Of the
obligation her people to observe them, unless de-
ced 10 be valid by this honorable court and Therefore
claims she has right 10 do the deliberate determine
ton or this court, the tribunal organized under
the Constitution TO preserve It inyolate. and to Keep
all the departments OF the Government within their a
prOprate spheres by trying their acts by the test of the
Constitution; and she claims the exercise Of tins I'M
doubted right in advance for the purpose Of preventing
irreparable mschefs 50 gigantic and ntolerabe a. those
when are thIeaehed sic sno %ac dc m CoS
stutional. she VIII most eheerully yield I'M
the consequences may be- All she desires 10 guard her
rights and the rights Of her citizens, and this boon she
Out being subjected to the imputatlon OF Improper
motives II either the state or the people have
constitutional rights IL paramount ms s%y
This Court the state believes to be the great tribunal for
and especially in all cases in which state Is party as
expressly provided in the fundamental law In cOnsden
ton OF the premises ana lnasmuch complainant mani
testify has remedy whatever at law as must he apparent
10 the Court and can have redress State only through
this Court provided by tho Const tuition complainant
appeals TO the preventive power OF this honorable Court
exercising the jurisdiction OF court OF equity, ana
hilby prays that the said Andrew Johnson, ana his on
GERS and agents appointed for that purpose ana espe
cally T.. q. g. Ord. above named he perpealy en-
Joined and restrained from executing or in any
manner carrying out said acts and that process OF IN
junction subpoena directed to the parties afOre
said and all other requisite process deemed necessary
NAV he issued and for such other aud further RELIEF as
NAV be deemed proper this Court and that defendants
he required 10 answer this bill Of complaint Ana ~ III
duty bound compliments will ever pray &c
' W H. SHARKEY,
r. j. WALKER,
Counsel for Complainant