The New York Herald Newspaper, April 6, 1867, Page 3

‘WASHINGTON ! Proceedings in. the Supreme Court: in the ** Great Injunction Case. The Argument to be Made by the Petitioners om Friday Next. Opinions: as to the Value of: the: Russian | America Purchase. List of MWominations Confirmed and Rejected. &e. » be. &e. JasernGtox, April 6, 1867. ‘Tho President and the Mississippi injunction ‘The statement, so persistently circulated, that the President is @ prime mover in the effort now being made ‘to obtain the decision of the Supreme Court on the con- @titutionality of the Reconstruction act, is emphatically denied by the author of the petition and the originators ef the movement, A few days ago Hon. W. L. Sharkey called upon the President, and formally notified him that he was about to proceed against him. To this the President did not reply in a dozen words, and they ox- ; pressed neither approval nor disapproval of the move- ment, | Judge Sharkey has been heard to say that he does not know what the opinions of Mr. Johnson are on the subject, and that the President has nad nothing whatever todo with the matter, either directly or in- direo uy. Deliberation ef the Foreign Relations Com- mittee on the Russe-American Treaty. The Committeo on Foreign Kelations have not yet concluded their deliberations on the Russo- American treaty, but will have another meeting before making a Feport, Several scientific gentlemen have been before ‘the committee to furnish information relative to the re- wources and probable value of the country as a terri- _ Serial acquisition. The character of their statements and opinions is not known, There is a strong feeling, among the Northwestern Senators in fa- Vor of the ratification of the treaty on the theory ‘of ite being so extremely far North—such an American ulima thule—as to make our now Western EE Php yg hh ia fic States, and T suppose ‘Atlantit Senators: ‘will deay 1’ the'people of those States ine oe nding ‘Ruesian America, now w:! \elr grasp. ‘We need such s Q' i fl Be b Hi i Eta ih tJ Pp To Hon. Extract of a letiér dated April 3, partment of State from Commodore Jobo mandant of the Navy Yard, Boston :— i; iy 2 a eke Fri best Ht i eral Rousseau was this morning confirmed by the Senate, and ia, therefore, the lucky cotitestant. It {s rumored that considerable trading took place in connection with the confirmation, and that Rousseau had to “go it” @trong. Has the Senate of the United States lowered fteelf to the depth of a New York Board of Aldermen? A ‘Smelling Committee” might perhaps answer the query to the public satisfaction. The New York Appointments. As regards the New York appototments, the latest evelopment is to the effect that the President desires ho confirmation of Major General William B. Ludiow we Naval Officer. Appointments Confirmed by the Senate. The Senate to-day confirmed the following nomina- ‘Goma: — Pan Roe got Asboth, of Minsis- pa NEW YORK HERALD, SATURDAY, APRIL 6, 1867.—TRIPLE SHEET: The Seuate rejected the following nominations: — | . 1 Wm. K wasse, Mich, ; an € 2 Eulti D; Barter: Susquehanna Depot, Pa. ; oe Welle Hyde Park, Pa; James Wil- bar, Towanda, Pa; Waldo P. Davia, Van Wert, Pa; abner P. Deitia, Lyons, own, George 1. Gosdrieh, ae Wan ter Bonen have a ilisutagur ba Sicha WSs Daal Fourth dletrict, ; N. B Boor, Ninth district, Collectors of Forrenson, Finh Wisconsin; Job. M, Glover, Third. die- Sra 3 James Clements, Third Mich! istrict, Tennessee, eenten ‘Agent—Frank & Curtis, at Macon City, Mis- The Vacant Offices in the Interior Depart- ment. ‘The interval of anxiety and suspense for seekers after vacant offices in the Department of the Interior is at length over. Not that ail who felt an inclination to oc- cupy the empty desks in that department have been satisfied, by any means; but it 1s understood that all the vacancies among examiners and clerks of the Patentand Pension Offices have been disposed of. The appoint- ments in the vension Office have all been made, and those in the Patent Office have been determined upon. Rumors Regarding Nesmith’s and Rousseaw’s Appointments. It is rumored about. the hotels to-night that Nesmith has been rejected for the Austrian mission, and that Rousseau’s confirmation has been reconsidered by the Senate. Inquiry results in disproving both rumors. A motion was made to reconsider Rousseau’s case, but failed; and action on Nesmith’s confirmation was de- ferred. General Meredith’s Misfortunes. ‘That misfortunes do not come singly was illustrated to-day in the experience of General Meredith, of Indiana, He had Just heard of his rejection by the Senate aa Sur- veyor General of Montana, when a telegram reached him of the death of his eon and the sudden and danger- ous Iiness of his wife, ‘Effect of Collector Smythe’s Letter te the 1 have reason to believe that Collector Smythe’s late letter to the President, answering Mr. Hulburd’s reso- ‘unfitness, bas had a telling effect at the White House. ‘| No notion ie'entertained of complying with the modest- eet cesy-im his shots unti! next December at least. Beard ot Registration tu Virsiala. General SeboSeit to-day issued an order appotnting a the Army Medical maseum. from Customs in March. The following statement of receipts for customs from March 23 to 30 haa been received at the office of the Commissioner :— ~ Pailedsiph he a Rew orien” Ue eee ‘erbst 18 San Francisco, 22 0 98. 118,418 74 TOU es eicc esos tee bees eeeeees «$2,007,689 10 The receipts from Boston have not yet been received. By comparing this statement with the one which im. mediately preceded It it ‘s found that in New York there has been an increase of more than half a million dollars, . Army Trawspertation Contract. The resolution offered in the Senate to-day by Senator Rameay, Calling on the Secretary of War for ail bids for transportation of army stores on Route No. 1, which wasawarded t James Nix, of Chicago, by the Quarter- master General, will be refered to the Military Com- mittoe, It is claimed that the award is not made to the lowest bidder, and the Military Committee will overhaul the whole subject, Deep Creek Indian Reservation. Commissioner Wilkow, of the General Land Office, is in receipt of the returns of survey of the Deep Creek Indian reservation, skuated west of the Goshoot Moan- taina, in Toole county, Uteh Territory. The survey conyers an pro of pbout thirty-two thoussnd acrga Deen ary, 1867, a ligbt bas been established from s lighthouse et the mouth of river Sam Francisco, near Maceo, Bra- ail, The light iss fixed white light, elevated sixty-nine fect above the level of the sea, and in clear weather should be seen from a distance of eleven miles, Also that since the'S7th of September, 1866, a light has been exhibited from a lighthouse erected at the entrance of river Pekalonganon, north coast of Java. Seapreme Court of the United States ‘The argument of No. 157, Steamer Bogaley aud cargo. ve the United States, was concluded; and argument ‘was commenced in the equity case of Watson vs, South- ertand, No. 158, Court of Claims. ‘The argument in the case of John L. Jackson et al. va. ‘the United States was concluded. FORTIETH CONGRESS. Extraordinary Session of the Senate. Wasuroros, April 6, 1967, THE VETERAN CORPS OF CALIFORNIA, Mr. Coxw, (tep.) of Cal., presented a petition of the ‘Veteran Corps of California, He sald they served two or three years, and during that time they wore success- ful io their contest with the various Indian tribes, sub- duimg the Narvajoes, Apaches and Comanches in New Mexico, They were discharged nearly two thousand miles from home, and received a mere pittance to reach California, and now ask to be allowed the same rate of transportation which bas been given to other discharged soldiers, to cover their expenses. The petition was referred to the Committee on Military Affairs. 18 MR. BOGY IN THE RMPLOY OF THE GOVERNMANT, On motion of Mr. Ross, (rep.) of Kan it was re- solved that the Secretary’ of the Interior Senate whether Lewis V. Bogy is now in the employ- ment of that Department; if so, in what capacity, his duties and compensation, when appointed, by whom, and what instructions, if any, have been given to him, and by whom, PROPOSED KXPULSION OF ERNATOR SAULSRURY. Mr. Sumner, (rep) of Mass., offered a resolution, which sald he woul 1) up to-morrow:— ‘That Willard Saulabury, a Senator from Delaware, har! ¢ appeared repeatedly on the floor of the Senate in a con.; = mae beand be is hereby expelled from the On motion of Mr. Samnwan the Senate went into execu- tive session. inform the UNITED STATES SUPREME COURT. THE MISSISSIPPI PETITION TO STAY THE EXECUTION OF ‘TRE RECONSTRUCTION Argument of Petitioners, Aran. 6, 1067.—Mr. W. Suasxey, of with wnom was associated Mr, Robert J. Walker, e¢-" Gressed the court as follows :— & Te the Court please, if it be in order I desire to make ‘an application to the Court this morning for an injuie- tiom om behalf of the State of Mississippi against Andrew Joknson and others, I desire at this time to filethe bill, and ask the Court to assign a day for ite hearing; aud 1 venture to express the hope that the day may bees early as popeible, Inasmuch as it laa bill to.prevent ivre- parable mischief, and I believe belongs te class of cased: which 1 all bas precedence. If the Coert desires it I the Dill, or file it withows The Cuise Joencs—If 1 ts to be Slé@, you may file it without reading, —~ . Attorney General Staxamat—This is an original case, and I'believe the practice is to obtain leave of the Court to @ile the bill. “It tsa Dill, in my judgment, so far as one of the parties is concerned, against the United States, eud I wish to appear at the first moment such an appli- cation is presented and object to the Court entertaining Jartediction of it, even im limine, I bave euggested'te } my learned friewt, Jodge Sbarkey, that, perbaps, if he” would make a motion for leave to file the bill, he woul, ‘1m the most regular way allow me to make the objection Dive against the Court entertaining this bill for s io- ‘Moatias far as the United States is concerned... -+ Mr. Suaaxry—Tbst is all the motion I make if the ob-' Jeotion fe persisted in. The question which the gentle ‘man presents is one which will come up asa matter of course. We expect to discuss it, and are prepared to discubs it, now or at any time the court may assign for. it. Thave already remarked that itis a -bill intended to prevent irreparable mischief, and belongs to a class of cases which in all courts have preference, and the earlier It is settled the better. I am aware, too, of the im- portance and magnitude of this case. It involves one of ‘those delicate questions, which are always unpleasant for ‘8 court to determine, between the constitution and the legislative department of the government; but, how- ever delicate it may be, I have the consolation of know- ing that this court is able to meet it. It is a very im- portant case, destined to teat the constitutionality of a recent act of Congress, and as the mischief that must result from delay will be progressing inthe meantime, ‘we desire to have as early a hearing as possible. I am willing to ile the bill, and I propoged, if the court de- sired, to read it, The Cum Jusrice—We understand you only move for eave to file the bill. That motion may be made, and on the next motion day it may be called up. Mr. Suanxry—I supposed, inasmuch as it isan app!i- cation of somewhat pressing importance, that the court ‘would give permission to file the bill, and them assign a day for the hearing of the cause. ‘The Carr Josrice—You are not ina position to file the bill as yet. There is only a motion for leave to fle the bill. ; ‘The Arronwsy Gawenat—On that question, if the Court please, I am quite ready, and I believe the gentie- men are. 1 am ready now to resist the granting of the Motion for leave to file that bill. , ‘The Carey Jostice—We do not propose to hear the motion out of ita regular order. The rules require that ‘Mr, SaaxxsT—I will file the application. ‘The application was then fled and will be argued next i THE ARGUMENT IN SUPPORT OF THE PETITION. The following is the argument that will be made in support of the petition in the Supreme Court on Friday ‘Tale bill le Hed to enjoin the execation of an set of Congress entitled ‘An act to provide for the therein to be ‘the supreme law,” Congress or of a State repugnant ES u the 1787, made under the compact me pr ond angen "' and and moschatve wy and 80 by the State. These acts a State, the State constitution of 1817, ac by ‘ee well as State con- a ek ay State or the conetitation of 1817. These acts deprive the state of that in the two ieteate” fey eee Cinee ne the consti rule that of the civil it alt ih Betas Cy i é F es F f ! or which sball be made under on suey. And it also declares that “in sit cages affecting am! lore, other public 1! an those fa which a Stax. ia'a me the Supreme Court jurisdiction.” ‘This isa in equity, the izance of a of equity, wo hi Tt arises under the consti- tution, and a State is a State ney ‘sue by original bill To the Sevens Coon of the United states bas been settled ition fy raped that “the Jr shall extend to all cases in law and equit this constitution,” &c. And thus the Jud ary are made wardians and protectors of the constitution, je President ia but the creature of the constitution, One of the agencies created by it to carry it imio practical operation; and it would be strange tndeed ff he should ‘de permitted to exert his agency tn violating that instru- ment, and then claim exemption from the process of the court whose duty it is t guard it. against f the sn Chis igen he ta exerti of the government! ty when he te ing & mere ministerial duty, for that gall ho does exert in ex- ecuting an act of He has no discretion in the mi atter. Tho constitution makes no distinction as to case or Maind Seder the seat of sitting at Richmond. @ Chief Justice drew the dis tinction between the President and the King of England, ‘and held that all officers in this country were subordi- nate to the law and must obey its mandate, and thers- fore sustained the application. The subpoena duces tecum was only 8 com to the President to do a particular thing; the injunction 1s but a command to bim not to doa particular thing under avoid authority. The principle is the same in the two cases, as weilas the means of Coercing obedience, and the reasoning of Chief Jusiice Marshall completely reacues aud setiles the question now before this court. The constitution pro vides that all officers may be impeached; but this does mot exonerate them from persunal liability for acts done under color of office, the President as #eli as other offi- cers The whole question lies within a narrow compass, The constitution ts supreme, all officers are subordinate to the supreme law. and consequently subordinate to the command of that department whose duty it is to enforce subordination by declaring the meaning, the ex- tent and the limitations of the constitution. @ President be Wwernment, and made to attend the court be and yet that th to Sears FF fe i g! 3 it tf Ha : if | | : ft +f F208 rT : fl t hi it £ if if il z i € fg." ie je i | | i i H fe : tl ie He il Lagat ie resort to the remedy for damages, by prevent mischief. And ven if there be a remedy at law which ia inadequate, a court of equity will But in this case there is no remedy at law. m which equity alone can give relief, if remedy then the federal constitution is not, as declared, the supreme law of the land, eee Sa eh tae enumerate them. It does more; it anaouls and abrogates: ‘Mate government and State constitations, and sub- pom tye gt The constitution is, of coutee, the cbief of protection with all courts, Pel i Tg interpose for ite jus, in the case of Osborn va. the Bank the United eae bean ‘798, urpose Of @ constitutional w violated the and a tate oficer sas about to execute the law, but was restrained big tion by the federal which would not have had jurisdiction over the sul maiter or the officer but from the fact that the execation of the law would have violated the constitution. The then, is settled, the is about to be and is presented, ‘ F i | Hie i i ij Hil fy FERS H | E i fags il il aT Es + ra + H | i i i i if removed from her im the Union by thie attempt > @ poll to ‘boo ‘Siwepe bese wanstamed op When the attempt at secession People of the & through | their be stra fennel in concent and remodelied by orasi i ing from it all these Wouaries, and senators and _representat! were elected. No matter how or by whose order apareation: aoe convened, since, Prd eg , it resen! sovereign power eo le, and thi right of a State to change or modify its eoastitutton has mever been questioned. The proclamation of the Presi- ony] Roe energie the ap they did nor can any ingress % to faras it has beea reotralned by the consumo om as i Tated bythe constitation of the ith a government thus organized, perfect); b- licaa in form, it must be manifest-that al! toss te chiefs enumerated ta the bill, andmore, must ensue by superseding and annulling that covernment, and placing 10 its stead military rule over the State. In effect, these bills dectare that tho Stats has a without @ govern. ment for yoars past, and they ‘cosfer fall’ aathority on the military officer to protect all persons in their rights of person and | property, to su; ‘insur. ection and i “Gort? ne. ol Staterdat in @ whole {uternal domestic lestroyed. If this lead to a train of evils that de! ‘of unbridled milita will be deli ni ape id Seigtaie and the power by @abverted, “Ate men ? "hey are in ions, same. At one time thi kingdom of England was divided into military districts, with a general in commaad of each; and the historian informs us the people became siok and tired of govern- ment by the sword, and pined for a government of la\ i to be the fate of the Southern peop! Perhaps, at no distant day, the fate of the Whole people of ‘the United State, if this system be. comes a precedent in the government. Already Mary- land, a State that did not secede, been threatened ‘and forewarned that she, too. may be a vict'm; the i sword hangs over her by a slender thread. And can jt be | that for such impending fojuries there is no remedy ? What an idle ceremony it was to dec! that “iho powers not del2gated to the United States by the consti- tution, nor prohibited by it to the Stat are reserved to the States respectively, or to the people.’ If Congress may convert the regutar government of a State intoa mere provisional government, why may it not just as well prescribe a permanent government for it?” And does it not do so in this cage, by regulating the pal of saffrage, and by ee the it to determine when the State shall be restored? What secession failed to accomplish, what the war was fi rated to preveut, been brought about by a very pisin and simple pro- cess An additional source of probable mischief should not be overlooked. Suppose the officers appointed should proceed to carry out these acta to the full extent of their by removing all the officers of the State, by ad- judicating on the rights of property according to thelr ‘own crude ideas of right, by trying and pun! viduals, by calling conventions and establishing govern- 4, and by doing whatever military officers think. proper to do, and then these acts should be declared void, as they gurely will be, gooner or later then all that fae As been done under UH them must fall. It will follow estaie of anarchy ‘must have jatervenod from the time the government was displaced. And wut may have been can derive no validity from the real or su ust in ‘pro. Santa we SUET tne oppress, to pamish a belplees pespte nama * hw oe ings to win § nell etbotices for the govecsineat of their tuber Is it that: people will love the government. that condemns them unheard, unrepre- sented? Dose tere Engiand, of will she ever do ‘20, after having been so long enslaved by military rulo i aa were Sor tnisont are’ co notl bave continued to soca ny md ?, these acts have no con-- union of the States under the Articles of Confederation of 1778, ‘us well as under the con- stitution, was “a perpetual Union,” and could Satta Seanad a ot Geer Bs 2 ot 0 Staten” Tf Uongresd cabnot dissolve the jon, 1t cannot exclude any State from the Union, for tional power than popular meetings. They were not only illegal but insurrectionary. The state constitutions, framed under ‘these ordinances, were nullities also, because the federal constitution expressly in imperative language that ‘this constitution shall be the miliary, acting wader these Iagurrectionary proceod- tary, acting ese insu: Di ings, whether at Montgomery, Richmond, the State capitals or elsew! bad no legal or constitutional author- ity, not only for above reasons, but also because they were all required first to take an oath to support the constitution of the United states. In fact, the whole proceedings, commencing with the seceasion ordi- Lew poke phy to the — et et oe Seo gree et a by the constitution, Le Insurrection in although it might Individeals Sife Sg i i fi i by Daniél obator Ia hie snowmmparable of that date; such wore the Martin rection of 1; ‘Ube retolt of 1807, ciihough sanctioned re and Governor of Pennsyl- vania; such the of the government in su; Pressing the South Carolina secession of 1832; Raat aae Sections ores pry ht Congress never did declate war ‘0 State, or attempt to panish a State, of exercise gueh power, unless indeed ite the of cosn'e foren If the i: toinonty, by beconsion oF ip 3 Rew constitution. Congress cannot change the terms the {federal constitation, Under which « Sate fa ent to representation in the Beaate Representatives ; i i i Ee z F i H these. States le’* and “irrevocable” binding» aud conclusive’ or dictates by th tton, { patel ead not delegated by the constitut iD 3 or is it not merely a subo! ‘ines, aod in fact, and in conpomnplations of the constitution, not @ State of the it is not, as required, a State ‘‘on. : original tat respects what- soever."” he was apything clearly required by the constitution it was the, unifonufl ty.ot tA @peration in all the States, Congress cannot discriminate among in the exercise of its constitutional powers, It canes say one State shall regulate within its limits the right of suffrage and not another, It cannot Sy a ceriain class shall vote now and-ferever in cae State, Oat may remain excluded in another, If Congress may discriminate among States on & question so vital ag-the right of suffragé, reg thus discriminate in all cases whatsoever, yielding cer- tain States all their rights under the constitauon’ and depriving other States of all or most of such leaving them States in name only, A State cani me bel, it cannot commit treason or any other crime A State canfot be «# traitor, nor can it be tried or punished as such, oF subjected to any Penalties or forfettures But the citizens of a State, whether few or many, whether @ minority or a ma- Jority, may commit treason; and those who have committed treason, and those only, im any State, North or South, may, on conviction the mode pre- scribed by the constitution, be punished as traitors, But those of any State North or Soath who were true and loyal cannot be punished, much less can they be degraded from citizens of a State to citizens of a Territory, expelied from the Union, taxed without representation, deprived of the right of trial by jury, of all the rights secured by the con- stitution, and subjected to military rule. This would be to confound the innocent with the guilty, would be contrary to the constitution, and repug- bant to every principle of law and justice,’ Suppressing a rebellion in a State ts wholly tnhke a foreign war, and the results are entirely dissimilar, In the latter, the whole people, including even our friends, are by the law of nations public enemies, and may be treated as such, because they owe allegiance to their own gov- ernment. But here the whole people of every state owe paramount allegiance to the federal government. Hence the loyal men are not, nor can they be treated as public enemies, & contrary doctrine would be equally unconstitutional, unwise and unjust. Throughout this conflict the contest has been uniformiy conducted by Congress, not as making war on a State, or conguering a State, but only as the ression of a rebellion, The so-called robellious States e constantly regarded as States of the Union. They were #0 unanimously declared by Congress after the secession ordinances and insurrection and repeated conflicts of arms, and the idea of conquest, or a or expulsion from the Union distinctly rat sentatives in the Senate and in the House from these States, and after these events, were still admitted without question; representation in Congress was as- med to them under the last census; direct taxes were portioned among them as States, ‘and have been col- lected; district and Supreme Court Judges aseigned to them 4s States, and Officials; the action of State Legis long after the rebellion, still re and cspecialiy in the assent of the ure of the p bigot the § iL i i Bis*z, ne i i BL : i i . ES < Fi * i, i] i] = a # ri { : 2 B Hl 2 i Ez t= LH a Frere peat i fh BF i ef ; er i t i fi er F l I £ Ee i 3 i : F H Hi 1 al i i i i g 8 i i Hg HE = 8 : g not be or the habeas corpus suspended, or the right of trial’ by jury refased, or warrants issued without affidavit, or life, Mberty and property taken without due process of law, or States reduced to territorial State holds its place in the Union, its power of local self- ermment, its right to a certain nui ta tives in Congress, its perpetaal right (of which it cannot be deprived even by an amendment to the ¢ yp) to equal represen! in the Senate of the United States. ‘ecoording to mn alt constitution could be excluded the Union how wero they ever 10 get back? Piss, is Lie subject found the Gret Pre of the third section, fourth article of the pag wong Waly Shing yg A Ty pd by the Coa. gree into Union,” &e. There is no provision for Cho: nestebterine. of\Gay Sate, tae ee neat State of the Union, words are “now sates; bat were New York, Virginia, Massach: new or woald the term “admitted” any that had once been in the Union? These terme, “new States’? and “admitted,” clearly apply to the jntroduction of States that never bad been in the Union. ‘Two or more States might by their consent and that of Congress be admitted into the Union as one State, but this is by express provision on the On looking into the Afticles of Confederation of 1: viding for ghe admission of and British colonies as new Ut a the m ‘west of the in the convention \s there shown of new States to our iat an ing of thie great to be the true mean| letter of Alexander, Hamilton, of 1797 te the acquisition of all Spanish America, the terms “new States” flod their whole No possible application to the constitution, nor to a ones Union. 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