Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-04-27
The Reconstruction Bill lin Court.
Petition of MeSSrs. Sharkey
and Walker.

The following is an abstract Of the
bill filed in the Federal Supreme
Court, in behalf of the State of Mis-
sissippi, asking an injunction against
President Johnson and Gen. Ord, in
the matter of executing the militia
ry reconstruction bill:
The petitioners believe this court
will regard it as its dutyto maintain
in some manner, at least, as it would
enforce between individuals, by in
junction or otherwise, the specific
performance Of contracts. Averment
is made that the Congress Of the
United States cannot constitution
ally expcl Mississippi from the IN
ion, and that any attempt which
practically does SO is nullity, and
that there is no provision in the con-
stitution of the United States which
subjects her as a State to any pains,
penalties or forfeitures as a conse-
quencc of such void attempt of Il
portion of her people to withdraw
her from the Union; all powers to
punish State by expulsion or 9TH
erwise for any cause having been
expressly refused in the convention
which framed the Federal constitu-
ton.
She AYERS that her citizens lost
none Of their political rights nor in
Cured any penalties except what
might be inflicted on them as indi-
Viduals by due process Of law after
trial by jury.
She AYERS she has exhibited her
good faith and adhesion to the con-
stitution by electing Senators and
Representatives to Congress, and
complains that they have been
wrongfully excluded, and that her
people have been compelled to pay
taxes and bear the burdens of the
Government neutrality-suspicious..
The act to provide for a more eff
ficient government of the rebe |
States, and the act supplementary
thereto, would utterly annihilate
tho State and government, by as
suming that Congress has power to
control, modify, and even abolish its
government in short, to exact SOW
ereign power over it, and the utter
destruction Of the State must be the
consequence of their execution
Tho scope Of power vested in the
military commanders so broad, so
comprehensive, was never before
vested in military commander in
any government which guards the
rights of its citizens or subjects by
law.
The bill of complaint concludes as
follows:
Now the complainant expressly
charges that from information and
belief, the said Andrew johnson,
President, in violation of the consti-
tuition, and in violation of the sacred
rights of States, will proceed, not
withstanding his veto, to the eXecu-
tion of said acts rs though they were
the law of the land, which the veto
proves he would not do if he had
any discretion, or that in doing so
he performed anything more than
ministerial duty with view to the
execution of said acts. The said
Andrew johnson has assigned mill
tary commanders to several districts
to carry into complete execution,
and for this purpose has assigned
Gen. L. o. G. Ord to the command
of the States of Mississippi and Ar
kansas, whom complainant prays
may be a defendant to this bill, and
served with all proper process, etc,
and complainant further AYERS that
Gen. L. 0. c. Ord will speedily en-
ter on the discharge of said duties
unless restrained by this honorable
court"