The Louisiana Democrat., 1867-04-24
kilograms from the Crescent.

he President for United States marshal Of
me State OF Louisiana. Cutler, HOvey.
Janlels and Others made the most despe-
ate efforts to prevent it, and are now be-
'leglng the doors of the Senate in the hope
IT preventing the confirmation of the nom.
nation.
The nomination has been referred to the
udlciary committee, although avery strong
leslre was manifested in favor of immedi-
lite confirmation. The committee, howev-
IT, are known to be almost unanimously in
Iayof OF Gen. Heron, and so they will
doubtless report tomorrow.
u. Hollister has been nominated for the
Havana eonsulship.
The nomination of Mr.. Capron as COM
missioner Of agriculture, has been postpon-
Cd until December next, by majority Of
one.
WARRINGTON April 15.-The Supreme
Court decided, to-day, adversely to the
petition presented by Governor Sharkey,
in behalf of the State of Mississippi, for
leave to file bill restraining the Presi-
dent and General Ord from enforcing the
reconstruction act. The attorney generals
objection to sning the President was the
ground of the decision.
Governor Sharkey viii change the title
OF the bill, and renew his motion for an in.
junction on Thursday.
In the Supreme Court to-day Chief JUS
tice Chase delivered an opinion in the case
Of the State Of Mississippi and Gen. Ord
and others, ON the motion for leave to file
a bill restraining them from the execution
OF the reconstruction act. The court dis
sented from the argument of the counsel
that the President is required merely to
perform a ministerial act, and held that the
terms ministerial and executive 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 department by the judicial
process, is enc 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 is
the reconstruction act.
An attempt on the part of the judicial
department to enjoin the performance of
these duties by the President might Justly
be characterized, in the language of Chief
Justice Marshall, as absurd and extrava-
CANT
Congress is the legislative department of
the government the President, the execu-
tive 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 cogni-
zance.
The court proceeded to show the impro-
priety of such interference, by considering
the probable consequence, and concluded as
follows /" It has been suggested that the
bill contains a prayer, that ifthe relief
sought for cannot be obtained against An
drew Johnson as President, it may be
granted against him as a citizen Of Tennes-
see, but it is plain that relief against the
execution of an act of Congress by Andrew
johnson is relief against its execution by
the President. A bill praying for an in
junction against ihe execution of an act of
Congress, by the incumbent Of the presi-
Dental Office, cannot be received, whether
it describes him as President, or simply as
a citizen of a State. The motion for
leave to file the bill is therefore denied.
It the case Of the State of Georgia
against certain officers, the attorney gene
raj makes NO objectionSto the policy Of the
bill and we will therefore grant leave to file
that bill.
Judge Sharkey said the objection to the
bill he attempted to file seemed to be that
it was an effort to enjoin the President.
The bill was not filed, and he could reform
it to suit the views ofthe court and present
it again. Chief Justice Chase replied
Leave to file the bill is refused; when
another bill is presented it will be consid-
ered."
Sharkey-" I understand the court to say
that application can be made on Thursday"
Chief Justice Chase replied /" On Thurs
day"
Thus ended, for the present. proceedings
in the court. Subsequently asubqena 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.
WASHINGTON, April l6 General Heron
appeared before the Senate committee on
the judiciary to-day for the purpose Of
refuting some false charges which had been
recklessIy preferred against him BY some
of the very loyal people blessing Washing
ton with their presence at this moment
and very anxious about sthe loaves and
fishes" no less on their own account than
on that of their friends. The committee
it is understood, will certainly report in his
favor tomorrow.
Mr.. Capron, the marshal Of the Supreme
Court, to-day issued subpenas to Gen
Grant, Secretary Stanton, and General
Pope, in the military injunction cases
They are made returnable by the first day
of December next.
They could not be made returnable earlier
because rule of the court allows sixty days
for returns to. writs in such cases, and ar
adjournment of the court will intervene
The case, therefore, necessarily lies over til
next term, and is SO delayed usque ad.
Chief Justice Chase has selected his foul
associate judges to draw up rules for prac
ticein bankruptcy under the new law. They
are understood to be Judges sSWayne
Miller, Nelson and Wayne.
WASHINGTON. April IT.. II is ascertainee
that Secretary Seward says that Lord Stan
ley supports his plan of British Americat
purchase because the establishment of thu
kingdom of Canada would alter the politi
cal equilibrium on the North American
continent, and the United States had I
reasonable right TO q counterpoise. Sewart
also offers as consideration to cancel thu
Alabama claims. is reported that tn,
British government does not receive thu
proposition unfayorahly.
A special messenger has been dispatched
to Atlanta, to serve the writ of the Su
preme Court on Gen. Pope, in the Georgi;
case.
The writ has already been served OF
General Grant by Marshal Parsons.
An agent left here last night for Ohio tt
serve a writ on Secretary Starton.
The secretary is in Ohio or visit to hi
mother on her birthday, according to hi
inyariahle nractics.