The daily clarion. [volume] (Meridian, Miss.) 1863-1866, 1865-08-19
Which is Supreme /?

to know who is king. When Governor
Parsons issued his proclamation the
Times congratulated the people on the
restoration of civil rule, for the ProVis
ional Governor said
From ard after this date, the civil and
criminal laws of Alabama, as they STOOD
on the 18th day Of January, lS6i, except
that portion which relates TO slaves, are
hereby declared to be in full force ana
operation and all proceedings Tor the
punishment OF offences agaiost them viii
be turned over to the proper civil OH
GERS, together with the custody OF the
persons charged, and the civil author
tiles will proceed in all cases according
to law"
This declaration must have been made
by order Of the President, yet upon the
heels of Gov. Parsons Proclamation
comes the following circular from Gen.
Howard
Sc. {. In all places where there is an
interruption of civil law, or IN which 10
cal courts, by reason of old codes In vi
olation of the freedom guaranteed by the
proclamation Of the Prerident and the
laws of Congress, disregard the negroes
lowing him to give testimony, the con-
troll OF all subjects relating to refugees
and freedmen being committed to this
Bureau, the Assistant Commissioners
will adiudicate themselves CT through
officers of their appointment, all Difficult
ties arising between negroes themselves
or between negroes and whites or Indians
excent those In military service, so Tar
as re recognizable by military authority, and
not taken cognizance Of by the other
tribunals, civil or military, of the Uni
: ted States.
r THE code under which the local court:
of this State are at present acung ex
T cludes the testimony of the persons con
templated in this order.
Exclusive jurisdiction, therefore, II
J. the cases above enumerated within thu
State, is vested in the Assistant Commits
sioner of this Bureau.
That officer is unwilling to estahl'sI
throughout Alabama courts conducted b
n. persons foreign TO her ciuzenshlp an
strangers to her laws, provided full an'
n fair administration of justice can
- otherwise secured.
= ssTherefore, until further orders ia
judicial officers and magistrates boLdIn
~ off, e by appointment OF the ProVlSlona
st Governor of Alabama, are hereby desiy
as mated as the agents of this Bureau, L
~ the administration Of Justice In the case
:, above mentioned"
The editor of the Times stumbles
this paragraph in the Alabama Cod
>, which all civil officers are sworn TO Elk
cute:
"Negroee, mulattoes, Indians and pcrso
NV of rnired blood, descended from negro
10 Indian ancestors to the third generate
inclusive, though one ancestor OF ea'
Il generation may have been white pc
to son, whether bond or free, must not
witness in ana case civil or criminal, e
cept for or against each Otlser." Secu
Id 2.276, Alabama Code.
las In another part c. Gen. swayne's ord
ng this occurs:
They (tho civil authoritiesl will ia
for their method of procedure the Ia
10y now in force in this State, except so
I'VE as those laws make a distinction
ent account Of color
in
Failure to signify acceptance, or e
dent denial of Justice, will be followed
revocation Of the appointment here
"' conferred, and the substitution OF mart
'iy law in the district where it shall occur
'ne Now who is supreme? Did the Gt
ernor have the right to declare the Ia
~ in force? This is a question that sho'
- be decided at once. A civil officer can
'i'' comply with the military orders with
committing perjury. He has sworn
son, support the laws of the State which c
at not be overthrow by any order. Airei
day Mayor Slough has resigned, and ott
nes will doubtless follow The people
ma. Mississippi are deeply interested in
to question also. Our laws upon the nc
ION, question are similar to those OF Alaoa
God Oar officers have sworn to support
constitution of the State and can
:. accept negro testimony against W
~ man until the constitution and laws
nich ili"A ga - ~, ooo,.e,
lady cii"l 60"' "'-'O