The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1867-04-24
The Supreme Court-Leave to File the
Mississippi Bill Denied.

WASHINGTON, April 15.-In the Supreme
Court to-day Chief Justice Chase delivered
his opinion in the case of the State of Missis-
sippi, President johnson and General Ord,
on the motion for leave to file the bill re-
straining them from the execution of the re-
construction act. The Court dissented from
the argument of the counsel that the Presi-
dent is required merely to perform minis
terial act, and held that the terms ministe-
rial" 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 depart
ment by judicial process, is one in respect
to 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 these laws is the reconstruction
acts. An attempt on the part of the judi
cial department to enjoin the performance
ofsuch duties by the President might Justly
be characterized in the language of Chief
Justice Marshall as "an absurd and excess
sive extravaganza" Congress is the legisla-
tive department of the Government. The
President is 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, sub
feet to its cognizance. The Court proceeded
to show the improperly of such interference
by considering the probable consequence,
and conluded as follows: at has been sug-
gested the bill contains prayer that if the
relief sought cannot be held against Andrew
johnson as President, it may be granted
against him as citizen of Tennessee !" but
tt is plain that relief against the execution
of an act Of Congress by Andrew johnson, is
relif against its execution by the President.
A bill praying for injunction against the
execution of an act of Congress by the In
cumbent OF the Presidential Office cannot be
received, whether it describes him as Presi-
dent or simply as citizen of State The
motion for leave to file the bill is, therefore
denied.
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, therefore, grant leave to file that
bill.
Judge Sharkey said the objection to the
bill he attempted to file seemed to be from
| the opinion of the Court, as if it was an eff
| fort to enjoin on the President. The bill
was not filed, and he could reform it to suit
the views of the Court and present it again
The Chief Juatice replied that leave to file
the motion is refused. When another bill il
presented it will be considered. 49,
Judge Sharkey-Do understand the Cour'
to say that the application can be made next
Thursday ~
The Chief Justice replied-On Thursday
Thus ended for the present the proceeding
in the Court :.
Subsequently, sbpena was ordered to b
issued against General Pope, commanding
in Geogia
According to the rule of the Court pro
cess is to be served on the defendants sixt,
days before the return of the process, as tn,
Court will adjourn in May. The return day
in this case cannot be till next December.