The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-07-13
MISSIs SIPPI.
Proclamation OF Governor Sharkey.


The President of the United States by virtue Of the
power vested in him by the constitution OF the United
States has pleased 10 appoint the undersigned Pro-
vlsional Governor of the State of Mississippi for the
purpose Of enabling the loyal people Of said State TO
organize State government whereby justice may be
established domestic tranquility ensured and loyal cit
zens protected in all their rights Of life liberty and pro-
perty;" and, to accomplish that object, has directed
me- a the earliest practicable period to prescribe sch
rules and regulations be necessary and proper fo
convening convention OF delegates to be chosen by that
portion OF the people OF said State who loyal To the
United states and no others for the purpose OF altering
or amending the constitution thereof so that the state
may be able 10 resume It's place in the Union And
being anxious to carry out the wishes OF the President
and to restore the dominion OF civil government as
speedily as possible, do hereby orain and declare
follows, TO wit t-
First-.To avoid the DELAY which would necessarily
occur from the separate organization Of each county by
special appointments Of the several county officers the
persons who exercised the functions pertaining 10 the
following named offices, on the day when the archives
and other public property taken possession OF by
the forces OF the United States wit the 2d day OF
county, to wthe Office Of judge OF probate and clerk OF
the probate court the Office of sheriff and coroner the
Office OF justice Of the peace and constable the Office OF
board of county police the oc. Of county and
collector and assessor and county surveyor and the
al municipal Offices OF every incorporated city town,
whose organizations have been regularly kept up This
general appointment of officers is not intended to revoke
any special appointment made by prior TO the date Of
this proclamation And nasmuch as IL necessary that
these several Offices should be filled by ncumbents VINO
are loyal to the United States government reserve the
power to remove any who may be exceptonable in
this respect and earnestly invoke the loyal zens Of
each county give timely and the most authentic in
formation that be procured in regard to any officer
who s obnoxious tn this serious objection.
Sr0nd-These several officers before they enter upon
the discharge of the duties Of their respective Offices
shall take and subscribe the amnesty oath prescrib in
the Presidents proclamation Of the Goth May 1865 and
must Immediately transmit the oath taken to tins
office At the end of the amnesty oath, after the word
Slaves must be added the words sand will faithfully
dufia nf nfIln tn ~ ~ n
ability" And any who may undertake to act in his
official capacity without compliance with this rcqus-
tion, will subject himself to punishment This oath
may be taken before any commissioned ofcer,
civil, military, naval, in the service of the
United States or before the Judges OF Probate hereby
appointed heretofore appointed by after they shall
have taken the oath themselves before the Judge Of
the Criminal Court Of Warren county But no one can
hold any OF these offices who IL exempted in the Pres
dents proclamat on from the benefits Of tho amnesty
unless first specially pardoned by the President.
Thrd-In counties which have been disorganized, or
where there persons who can fill the several
county Offices either in consequence OF death or other
wise, special appointments will be Immediately made,
when the necessity for such appointments shall DC made
Fb.h-The sherifIs hereby appointed, in there
be hern the judge Of probate or the coroner any
justice Of the peace in the order In which they arc here
placed shall hold election at the several election pre-
cnes in each county, Monday the 7h day of August
next for delegates TO convention for the purposes men
toned in the Presidents proclamation Voters for dele
gates to this convention must possess the qualifications
required by the constitution and laws they existed
prior To the 9th day Of January, 1861, and
must also produce n certificate that they have
TAKEN before competent officer the amnesty oath pre-
scrbed by the proclamation OF the 18th Of May, 1862
which certificate shall be- attached TO accompanied by
copy Of the oath, and one Will be eligible as mem
Der of this convention who has not also taken this oath
The Sheriff shall give public notice OF the election by
posting mp this proclamation or otherwise
Ffh-Each county and town entitled TO separate
representation shall be entitled to be represented In the
convention by the pumber of representative they
entitled In the lower branch o. the Legislature
pror to the 9th day OF January, 1851.
NfffI-Tho officers
TO the persons having the highest number Of vots
tcatc Of election and the delegates 20 elected shall
sembc at the city OF jackson, Monday the l4 day OF
August next and shall organize conv~n.s by elcctinp
proper officers, ard adopting necessary rle and after
taxing an oath o support the constitution OF the United
States nay proceed ir the discharge of their duties
Spenth-The Trustees OF the University Of Mississippi
required TO meet at Oxford MOndly, the 3lst day
Of July for the purpose Of putting the Institution in op
h,gHh-Cnme must be suppressed and guilty persons
punished The commanding general at this post has
kindly offered to use under h.s command for
The protection of the people and for the apprehension OF
offenders against the law and 1t hoped The people will
give him timely information, and render such assistance
will enable In to carry out this hudabc object
wo advise the people when It may be necessary in
Consequence of their rcmotcncss from military
force, To organize themselves into county
patrol, for the apprehension OF offenders, who,
when arrested, If they cannot be safely con
fined in The county, may be brought 10 Jackson
for confinement in the military prison ntl they can be
disposed o. by civil law. In taking rccognzanccs the
Justices of the peace will make them reurnabc to the
or that may hereafter be established by law
Probably there are some persons who have some con
scicntos scrupes abo taking the amnesty oath, be
ca sc they believe the emancipation proclamation uii.
constitutional alude 10 tins subject only because
have understood there are few such. This obiec-
ton certainly cannot be raised " IN propney 10y
such as denied that they were subject to the con
stuiion Of The United states as the supreme
law when the proclamation was issucd Nh lhcr u be
constitutional or not ~ question Which the lcoc nave
right TO detcnnncr the determination OF that qucs
ton rests with the supreme judicial department OF thc
government. Legislative bodies often pass uncon-iitl-
onal acts hut hey mist be REGARDED as Vaid anu they
must he observed as The law nth the proper department.
OF the government declares tlem Vod Every presnmp-
ton II III favor of thcir validity Ana u precisely the
same case with executive acs THIS proclamation there
fore must be REGARDED as valid untii the supreme
Court shall decide otherwise When docs 10
decide parties VIII be aDsoved from the obgat on n
the oath Perhaps, however, parties VINO OcGcve thc
proclamation void are over sangune IN te correctness
OF their opinions. There y general principle IN tc
law OF nations which authorizes one begeteht party %
40 towards hs enemy whatever VIII strengthen nlieil
and weaken his enemy nited, O course, by the laws OF
humanity Some writers ni high authority hold ,ha'