Des Arc weekly citizen., 1867-04-13
The Constitutonality of the Recon
 struction Bill to be Tested.

structl0n Dill to De Tested.
 In the Supreme Court of the United States on Friday, Judge Sharkey and k J. Walker, 6led bill, complaining in be- half of the State of Mississippi, and such other States as may be interested in the premises, who shall, by consent of the Court, properly make themselves parties against Andrew Johnson, . citizen of Ten nessce and President of the United States, and also against Gen F.. 0. c. Ord.
 The petition sets forth at length the his tory of the formation of the State of Mis- sissippi. Claiming, besides, protection for their constitutional rights as a State, there are compacts fundamental, irrevocsble and unalterable, securing forever to the State of Mississippi, her rights as State in this Union. Such compscts, and tho rights required under them, the petitioners be- licve this court will regard it as its duty to maintain in the same manner, at least, as it would enforce between individuals, by injunction or otherwise, the specific performance of contracts Averment is made that the Congress of the United States cannot constitutionally expel Mis- sissippi from the Union, and that any at- tempt which practically does go is nulli- ty, and that there is no provision ip the Consultation of the United States, which subjects her as State to any pains, pen alties, or fcrfeitures, as consequence of such void attempt of portion of her people to withdraw her from the Union All powers to punish the State by expul- sion or otherwise for any cause having been expressly refused in convention which framed the Federal Constitution. she ayers that her citizens lost none of their politi- cal rights. nor incurred they any penalty, except what might be inflicted on them as individuals, by due process of law, after trial by jury. The bill of complaint con cludes as follows:
 Now the complainant expressly charges that from information and belief, the said Andrew Johnson, President, in violation of the Constitution and in violation of the sacred rights of the States, will proceed, notwithstanding his veto, and as mere min isterial duty, to the execution of said acts as though they were the supreme law of the land, wh,ch the vetocs prove he would not do if he had any discretion, or that doing so he performed any more than min isterial duty. With view to the cxecu- tion of said acts has assigned General K. 0. c. Ord, the commander of the States of Mississippi and Arkansas, whom com plainant prays may be defendant to this bill, and served with all proper process, etc. To
 Judge Siarkoy remarked that tho bill had been printed.
 Attorney General Stansberry said he be lieved it was the general practice to ob- tain leave of the court to file bill This bill was against the United States, and he desired to appear at the earliest possible moment to object to it. He repeated that there must be motion to file bill in the regular way.
 Judge Sharkcy replied, that was the mo ton which he now made. He was aware of the magnitude of the subj ect, involving as it does, the important and delicate ques tion of the constitutionality of Congress sional legislation. It was of great mo- ment that an early decision should be ar- rived at, and much mischief might result by delay.
 Chief Justice Chase to Judge Sharkey You can only now move to file the bill, and it will be in order to discuss next meeting day.
 The Attorney General am ready to resist the granting of leave.
 The Chief Justice--We don't propose to hear argument on a motion out of reg ular order. The motion will be filed.
 Judge Sharkey-I will now file appli- cation.
 This he did. and the application went over until Friday next.