The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-04-16
TELEGRAPHIC,
Our Cable Dispatches.

VIENNA, April 15.-Dispatches have been re.
ceived here stating that Omer Pacha, with ships o
war and large number Of troops, has left Turkey
for the purpose of taking part in movement to
suppress the insurrection in Crete.
LISBON, April 15.--The mail steamer from Rio dc
,Janeiro has arrived here. When she left, rumor
was prevalent at Rio that the mediation OF the
United Stat had been profered in the dispute
between Brazil and Paraguay.
Spain has Welded to the demands made by the
British Government in the case of the steamer
Victoria.
The Brazilian Mail Steamer which arrived here
this morning, brings additional intelligence sta
ting that the Emperor of Brazil, in order to rein,
force his army on the river Paraguay had callod
the National Guard Of the Empire into active ser
vice. This caused much discomfort among the
people, and provoked some opposition to tile con-
tinuance of the war with Paraguay.
Consols is 1O92. Bonds "a; at Frankfort 76
LONDON, April -Evening.-Consols closed at
902. United States Bonds IA; at Frankfort l6s.
10000 bales; Middli4g Uplands 11ta12d.; orleans
LIVERPOOL, April 15-2P P. Motion. advanced
I'd. since the opening and is quoted at 12a12bd.,
closed firm. The authorized quotations were
Uplands 12d;; Orleans l29d... Sales 15,GO0 bales.
4.:ys:: Washington News.
W4sHNaToN, April Z. The President has nqm7 nj;
mated to the Senate Commodore Henry L. Hoii
for Rear Admiral uice Bull, retired.
Supreme Court.
WASHINGTON. April 15.-In the Supreme Court
to-day Chief JusSice Chase delivered an opinion
in the case Of the State OF Mississippi against
President johnson and General Ord on motion
for leave to file a hill restraining them from tho
execution of the Reconstruction Act. The Court
dissented from the argument of counsel that tho
President is required to perform merely mlnlste,
rial act, and held that the terms ministerial md
executive are by NO means equivalent in import
A ministerial duty, the performance Of which may
be required of tho; head Of % department. by judi
eial process, is ono in respect to which nothing Is
left to discretion. On the other hand 1T is tne d1t
of the President to see that the laws are faithfully
executed; and among these laws is the Recon
struction Act.
An attempt on the part of the Judicial Depart
ment to enjoin the performance Of such duties 6y
the President might justly be characterized In
the language of Chief Justice Marshall, as an ab-
surd and'excessive e:travagance. Congress IS the
legislative part Of the Government. The Presl-
dent is the Executive Department Neither can
be restrained III it; action by the judicial Depart
ment, though the acts of both, when performed,
are in proper cases subject to its cognizance.
The Court proceeded to show the i.Iabroprlety
of such interference by considering the probable
consequences. and concluded as follows: "It has
been suggested that the Bill contains prayer
that,Iif the relief sought cannot be held against
Andrew johnson rs President, it may be granted
against him rs g citizen Of Tennessee, but it is
plain that relief against the execution of IN Act Of
Congress by Andrew Johnson is relief against lts
execution BY the President. A Bill praying for an
Injunction against the execution of an Act OF Con-
eress by the incumbent of the Presidential Office
cannot be received, whether it describes him as
President or simply as the citizen of State. The
motion for leaveto file the Bill is therefore denied
In, the case of The State Of Georgia against GER
tain officers. tie Attorney General makes no OBJ
lection to the policy of the Bill. and he will there
FORE Grant leave to file that Bill.
.. Judge Sharkey said that the objection to the Bill
that he attempted to ile seemed to be that it was
an effort to enioln the President. The Bill was not
fled, and he could reform it tv suit the views OF
fhe Court and present it again.
The Chief Justice replied that leave to file the
motion is refused: when another Bill is resented
ii will be considered.
u Mr.. Sharkey said understand the Court to say
that an spl !cation should be mado on Thursday !;
to which the Chief Justice assented. Thus ended,
for the present, the proceedings in the Court SUD
seduenfly q subpoena was ordered to be issued
against General Pope, commanding in Georgia.
According to the rule Of the Court the process is
to be served on the esndant sixty days before the
return of the process, as the Court will adjourn in
May. =,
The return in this case cannot be made until
December.