The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-04-18
supreme COurt-OPIniOn In uhs
Mississippi III junction Case.

II WASHINGTON, April l5.--In the SUI
, preme Court to-day, Chief Justice
. Chase delivered an opinion in the case
! of the State of Mississippi against
: Gen. Ord and others, on the motion
: for leave to file bill restraining them
Q from the execution of the reconstruc-
Q ton act The court dissented from
the argument of counsel, that the
President is required merely to per-
: form ministerial act, and held that
the terms "ministeriaP and "execu-
tive" are by no means equivalent In
import. A ministerial" duty, the
performance Of which may in proper
cases be required of the head Of a de-
partment by judicial process, is one
in which nothing is left to discretion.
On the other hand, it is the duty OF
the President to see that the laws are
faithfully executed, and among-those
, laws is the reconstruction act.
An attempt on the part of the Ju-
dicial Department to enjoin the per-
Torrance of these duties by the Presi-
dent might justly be characterized, in
the Language of Chief Justice Mar
shall, as an absurd and excessive ex-
travagance.
Congress is the Legislative Depart
ment of the Government, the Presi
dent the Executive Department.
Neither can be restrained in its action
by the Judicial Department, though
the acts of both when performed are in
proper cases subject to its cognizance.
| The court then proceeded to show
the impropriety OF such interference
\ by considering the probable conse-
quence, and concluded as follows 1t
has been suggested that the bill con-
tains a prayer that if the relief sought
for cannot be obtained against Andrew
johnson as President, it may be grant
ed against him as a citizen of
Tennessee, but it is plain that relief
against the execution of an act of
Congress by Andrew johnson, is re-
lief against 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, or simply
as citizen ola State, the motion for
leave to file the bill is therefore de-
MED.
In the case Of the State of Georgia
against certain officers, the Attorney
General makes no objection to the
policy of the bill, and we will there
fore grant leave to file that bill.
Judge Sharkey said the objection to
the bill he attempted to file seemed to
be that it was on an effort to enjoin
the President the bill was not filed, and
he could reform it to suit the views of
the court, and present it again.
Chief Justice Chase replied: "Leave
to file the bill is refused when another
bill is presented it will be considered"
Sharkey-'I understand the court
to say that application can be made on
Thursday"
Chief Justice Chase replied: "On
Thursday
Thus ended for the present, proceed
ings in the court. Subsequently
subpoena was ordered to be issued
against Gen. Pope, commanding in
Georgia, according to the rule Of the
court. The process is to be served on
the defendants sixty days before the
return of the process, and as the court
will adjourn in May, the return day in
this case cannot be until in December.
The N1arIkcts---Foreign and DO
nestle.
LIVERPOOL, April 15-Evening.-
Cotton active, closed authorized
quotations. Middling uplands I'D;
middling Orleans 124. Sales $4,000
bales.
New York, April 15.-Cotton &C
tive; market strong; sales 1920 bales
at 29c for midddling uplands; -four
quiet and unchanged; wheat and corn
active, but unchanged prices; sales Of
$4,000 bushels mixed western at 81 20
to 2075; lard heavy; naval stores
firm; spirits turpentine 70 to SOC;
freights firm; money easy, 5 to 6 per
cent on call loans, and to 10 on gov
ernments and stock collateral; gold
1874 5-8 to 1874 "a; exchange dull
100 1-8; governments 1-8 lower; the
Government is buying zoos freely,
and selling new fives.
CINCINNATI, April 15.-Flour firm;
superfne s12 55. Corn dull; 85c. in
bulk, CSC. in sacks. Whisky dull
81 25 in bond. Pork dull, with lit
lie speculative inquiry for mess.
ST. LOUIS, April 15.-Tobacco I'M q
changed Cotton dull. Flour dull
ind 25c. lower for all grades except
choice and fancy brands; latter held t
1t $17@18. Wheat dull; No. 2 spring S
% so to 2 so. Corn easier, except +
hoice; prices range from 81 06 to =
II. Oats dull and lower; held at Q
8 to SIC. Whisky dull at 81 to I'll. o
LOUISVILLE, April 15.--Tobacco .
larket stiff sales of 95 hhds leaf at 4 4
2 so to $13 rs for light Tugs to me- n
ium leaf; superfine -four $40 25a11 lie
5; wheat nominal corn 90a92 oats fo
Sa80 in bulk; pork $22; bulk Shout ~
ers Sc; packed bacon shoulders ii
tc. clear sides 123c. packed lard d,
tierces, prime, 1910. cotton at 23c. j,
n middling; raw whiskey free at " "
2 %. a,
River falling, with feet of water in tn
e canal. he
MOBILE, April 15.-Cotton-sales Z.
100 bales; generally active demands err
arket closed firm, middlings 25a254. or
of
The people ofthe city and county of IN IN
obile, without distinction of color, in,
e invited to attend public meeting ..