Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-04-27

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tcrial act, aud held that the terms
ministerial" and executive" are
by no means equivalent In import,
A ministerial" duty, the per-
formance of which may in proper
cases be required of tho hoad Of II
department by judicial process, is
one in which nothing is left to dis,
crtion, On tho other hand, il is the
duty of the President to see that
the laws are faithfully executed, aud
among thuso laws is the reconstruc-
tion act,
An attempt on the part Of the Ju-
dietary department to cnioin the
performance Of these duties by the
President might Justly be chaLactcr-
lied, in the language of Chief JUS
tico Marshall, rs I'M absurd and cX-
ccssive extravaganza,
Congress is the Legislative De-
partment of the Government, the
President the Executive Depart.
ment. Neither can be restrained in
its action by the Judicial Depart
mont, though tho acts of both when
performed are in proper cases sub
.icct to its cognizancc.
The court then proceeded to show
the improperly ofsuch interference
by considering the probable conse-
quencc, and concluded as follows :
IT has been suggested that the
bill contains prayer that if the
relief sought for cannot be obtained
against Andrew Johnson as Prcsi-
dent, it may be granted against him
as citizen of Tennessee, but it is
plain that relief against the cXecu-
tion of an act Of Congress by An
drew Johnson, is relief against its
execution by the President. A bill
praying for an injunction against
the execution of an act Of Congress,
by the incumbent Of the Presiden-
tial office, cannot be received, wheth-
er it it,describcs him as President, or
simply as q citizen of a State, the
motion for leave to file the bill is
therefore denied.
In the case Of the State Of Georgia
against certain officers, the Attor-
ncy General makes no objection to
policy Of the bill, and we will there
fore grant leave to file that bill.
Judge Sharkcy said the objection
to the bill he attempted to file seem
cd to be that it was on an effort to
enjoin the President. The bill was
not filed, and he could reform it a
gain.
Chief Justice Chase replied :
"Lcave to file the bill is refused ;
when another bill is presented it
will be considered"
Sharkey-"1 understand the court
to say that application can be made
on Thursday.
ChiefJustice Chase replied "On
Thursday"
Thus ended for the present, pro
cccing in the court. subsequently
a subpoena was ordered to be issued
against General 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 15.-All the
counties iu Maryland have been
heard from excepting one, on the
vote for convention to form q new
constitution, and the majority in
favor Of the constitution is cstimat-
ed at 10000 1t will assemble at
Annapolis on the second Wednes-
day in May.
CHARLESTON, S. G., April ID
General Sickles order, published
this morning, staying execution in
civil suits for 10 months, gives gen
eral satisfaction.
The South Carolinan, a nowspa-
per published at Columbia, has been
purchased by Nash and other color
ed men, and will be conducted as a
conservative negro organ.
Special to the y. o. Times.l
WASHINGTON, April 15.-Allstatc-
ments about the capture of Maxi
milan are mere sensation gossip
and there is not q word of truth in
them. No information on this sub
iect has been received here in off
cial circles since my last disprtch.