[635] On June 20, 1868, Congress passed an act which declared that each of the states of North Carolina, South Carolina, Georgia, Florida, Alabama, and Louisiana, should be admitted to representation when its legislature had ratified the fourteenth amendment to the Constitution of the United States, and further, ‘upon the fundamental condition that the Constitution of neither of said States shall ever be so amended or changed as to deprive any citizen, or class of citizens, of the United States of the right to vote in said State, who are entitled to vote by the Constitution thereof, herein recognized, except as a punishment for crime. . . . ’ The so-called state legislature assembled on July 13th, and Articles XIII and XIV as amendments to the Constitution of the United States were ratified. The conduct of the affairs of the state was now transferred by General Meade to the new civil authorities. Mississippi, immediately after the cessation of hostilities, was occupied by a military force of the United States. Meantime the governor called an extra session of the legislature, and made provisions for a constitutional convention; but these measures were set aside by the proclamation of President Johnson, on June 13th, appointing William L. Sharkey provisional governor. The system of measures embraced in the plan of the President for the restoration of the Confederate States to the Union was immediately commenced and completed in the election of Benjamin G. Humphreys for governor, with the other state officers, members of the legislature, and Representatives in Congress. The fourteenth amendment of the Constitution was unanimously rejected by the legislature in January, 1867. Under the act of Congress of March 2, 1867, Major General Ord assumed command of the Fourth Military Division, consisting of Mississippi and Arkansas. Governor Humphreys sought immediately to bring the question of the constitutionality of this act before the United States Supreme Court. Arguments were heard upon it by the Court. The motion was to enjoin and restrain President Johnson and Major General Ord from executing the act and supplements. It was denied, and Chief Justice Chase, on delivering the opinion, said:
If the President refuses obedience, it is needless to observe that the Court is without power to enforce its process. If, on the other hand, the President complies with the order of the Court, and refuses to execute the act of Congress, is it not clear that a collision may occur between the executive and the legislative departments of the Government? May not the House of Representatives impeach the President for such refusal?Major General Ord, immediately after assuming command,
