Juniata sentinel. [volume] (Mifflintown, Pa.) 1846-1873, 1867-04-24
THE MISSISSIPPI BILL.

THE MISSISSIPPI BILL.
The opinion Of he Supreme Court 0.
the United States. upon the :rolion for
leave 70 file tie Mississippi bill, presents
sensible reasons for refusing the request
The court, in the first place, does not be-
lieve that it has TIE power to interfere
with the executive duties of the Presi
Gent, the exercise of which must depend
upon hi. discretion. If it possesses the
right TO DO SO. upon the theory tina: cer-
tain act of Congress IS unconstitutional il
may DC so whco the law is perfectly prop.
o., upon some allegation of particular
equity existing in favor ci the party pray
ing an injunction. Thus, all our laws
would not only require The approval OF
Congress and the President, or Of two
thirds of Congress without the President,
but also Of the Supreme Court. The
consequences of such decision might
prove to be very injurious. Iu the pres
ent case, if the cour: has power to restrain
the President. it has authority 10 enforce
is DEGREES. But the Chief Justice shows
that it has DO such power. If the Pref
dent refuses 10 obey the injunction, the
court says clearly, it could not imprisnu
him for contempt. On the other hand
if the President should obey, he would
come into collision with Congress, which
PASSED the law, and the court ought to
have poser TO protect him. If Congress
rhcuid iupeach him for refusing to see
that the laws are faithfully execred," he
could not plead in bar the order of tie
Supreme Court. If the House should
iupeach. aud the Seuate proceed to try
him, the Supreme Court could not enjoin
Congress against such acts, which are
fully within the authority granted by pro-
visions of the Constitution. This reason
ing shows the folly Of the application, aud
is sufficient to Justify lis rejection.
The miserable subterfuge Of the coun
sci ior Mississippi, in the declaration that
the bil. is against Andrew Johnson, cit.
lzen of Tennessee, and not against the
Fame Individual as President of the United
Gtates, is very summary disposed Of II
Andrew Johnson had been s;mply ciii
zen OF Tennessee, holding no uftice. and
ii Ulysses S. Gran. and L .. c. Ord hal
been plain ciizers. holding no power Ut.
Ger tie uui:ed States, they would no.
have been made parties to the bill. Thi,
Attempted evasion is discreditable to The
persons ahO attempted it.
The Georgia bill has been fled. 1t does
pot seek to make the President a party
but is directed against his suborG Glnare of
fcers, Edwin N. Stanton, Uiysse. S. Gran
and John Pope. They, too, hold author
iiy under the President, according to The
laws of the United States, and if the,
eau be restrained from following his o..
ders, the President himself is restrained
1t would only be an evasion of the doc
TRUE clearly laid dogc in the Mississippi
case to allow this application On behalf
Georgia. Leave to file the bill imple
nothing more than there nay be an a.g,
Ment upon granting the prayer tisuu
probable that any refinement Of logic ant
specioas application Of sophistry can sue
ceed in making the application more agree
able to common sense than the other
We may, therefore, loot for decision 0
the court that the bill shall he dismissed
and the restless Secesslonists who are NOS
endeavoring TO gain decision in favor Q
their State Right notions, by authority q
law, will have TO put their wits to work t.
discover some new method Of maxim,
themselves ridiculous