The Test Case in the Supreme Court
April 6, 1867
A judge of Mississippi has been asked to file a bill for the President and a general to execute the Sherman law in his state. The Judge clearly does not support the bill, and will barely defend the bill if he is asked to do so.
In the Supreme Court of the United States yesterday, Judge Sharkey, of Mississippi, asked leave to file a bill enjoining the President and General Ord from proceeding to execute the Sherman law in Mississippi. The motion for leave will come up next Friday for argument. As Mr. Stanbery is understood to have written the President's message vetoing the Sherman bill, which message pronounces the bill to be clearly and grossly unconstitutional, we should think he would he able to make but a lame defense of the law itself should the case ever come up upon its merits. As yet, the court has not even granted leave to file the bill, and we don't believe it ever will.
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“The Test Case in the Supreme Court,” Reconstructing Virginia, accessed March 30, 2023, https://reconstructingvirginia.richmond.edu/items/show/566.