The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-11-22
HIGH cOURTOF RRRORs AND
AB'pE.AH.s.
Case No 10. 225
James G. Illli y AZ o., Ten. ,acg
Johe y 6geaadstnj

u Il hexe inaistrd, on behalf of tho appel
nut, that the emf % legislation oGtbis siate
Attempting tosnfDopd the statute Of limita
ticn. NJ void. u N eaid that IN order 10 paa'
wand laws. tbs Legislature must be . Valid
aud legal body, and must assemble aud ae'
! under, and 10 harmony with, the paramount
laws Of the land that before the pasaagc oil
the act attempting ~ suspend the aintto 81
limitations 90 Jnnnafy. lbGl,) Miaslssippi
by an Otdinance Of her ConfentiOn, attempt.
ed 20 withdraw from the Onion, and shortly
thereafter became one 81 tho ACOnfcdeanti
States" an enemy 50 hostility "a sho United
! States. that liy unslioeessfui revolution, che
il roTDiticd back 20 her status aafe btiiina: All
90 done BY her dnsing the warhcing null'
Nat failing t0screatc new government "
jun, aud having no government IL taeso
esiabtiyhed and rocOgaisoa, she must be con
sldorcd ~ having al along constituted on'
Of tho United States, n0fwlshstauding hcl
nrdiaancn Of seccssiOn,sthnt IN addition d
! this, ~ her ordinance Of August. 1865, the
ConytntioB Of Mississippi declared the ord.
nance Of secession mil aud void.
N'ia insisted further that the STATE Of Nil
>e;Asippi has never been able 10 iegislats law.
/ fully and constitnti0naliy except ~ one oI
the United states@ that by the Consultation
Of tho tnited States. AZ well as the C00sii
tuiion Of this Satte, the inenIbeisp f the Leg
islatnrc were bonnd " take an oath 10 SUP.
\ port tie Consultation Of fhe United States
and That by the State Constitution JJo,c
Iiibey rutered upon their dtiieG they we're
lihonnd 10 swear 10 support both Constitu-
tons; that the Convention of 1861, by the or.
dinancc Of secession, abrogated this oath
and substituted q hostile ones and hence il is
argued that the Legislature, after that ordi.
nance, organized ia hostility 10 the organic
law, could pass no valid act that Missis.
| Hppi did not cease 10 DO a sovereign State,
ms She always had been, ~ one Of the Uni.
ted Stntea, ia spite of her Ordinance Of seccs-
sion In that character onl y, could she leg.
islate lawfully when acting ia conformity
with, and in snbordinati0n 70, the C0nstitu.
| ton of the United States, 49, well IA her own
Constitutions and falling 10 take the oath re-
quired by both Constitutions, aud taking
another aud hostile oath, substituted for il
her Legislature coald pass no valid act
Aud 80 10 IL admitted, in the brlYi Of the
counsel for appellant, that Mississippi, con
tinued 10 be " one of che United States" IN
spite Other ordinance OfBccesaun. That the
acts Ofa Government III fdoiO are valid, nA arc
the acts of an officer dc IdcfO; provided posses
siVI aud color of0iiice OF rigld occupancy CO.
cXiet with this action Th"i the acts Of
usurper IN possession Of the Government
under color of right, must DO respected and
obcyod. That II tho Government Of Misas.
sippi had been Government Ne tdof0, all her
acts and engagements would be- binding ns
her present Government and neither the laws
nor Constitution nor public policy of the
United States Government, could have had
eject within her limits during that period;
aud hrr acts as Hgch Government dc Gleid,
would have been binding on all the world
The grounds relied on Ia this argument,
TO establish the Illegal character Of the body
claiming to exercise legislative power in the
state of Mississippi after the adoption other
secession ordnance, nrci Hirsi, that they
failed 10 take the oath required by the Con
stitution Of the United Stnf mas we'll as tho
Constitution of Mississippi, i,s IL existed
prior 10 the ordinance of secession Aud
Second, that II was body claiming IN net in
hostility 10 the Government of the United
States.
"A to the first grounds; the members oftho
Legislature whose lCls are ia question, wcro
lawfully clceted as aby their respective
counties, under thd~@zSisions of their Com
stitution, and according to laws which had
undergone no change, aud th0y became en- !
titled to assemble thcnselv"" y. =. I, ssssA,as-
tntiyes of the ps~1nc, tstRooaPFt0f for the
purpoaae OF entering on the discharge of the
,sdfics of the Office to which they had been
80 elected When assembled, by the pr0vis-
ions of that same Constitution which had
existed siuoe 1899, IL is declared that leach
housa shall judge of the qualifications aud
slection of its own members" This right
OF Judgment was exclusive of all other tri-
bunals from which there ~ no appeal pro-
vided The requisites and manner of quail
lhoation and election were therefore, quos.
tions for the Judgment of leach house =
and their Judgment when pronounced, con-
elusive.
But Independent of this upon general prin-
ciples1 staycll rs by the express provisions of
our the official acts of any person in
possession of any public office and oxcrcis
ing the functions thercofarr valid aud bind |
ing rs lawful official acts, in regard TO all
persons interested therein, or affected there
by, whether such persons be lawfully cnti-
tied 10 hold such Office or not; aud whether |
such person be lawfully qualified or not, but
such person IL liable to all the penalties i'm
posed 10y law for usurping, or unlawmlly |
holding such office or exercising the innc- |
lions thereof without lawful right. or with |
lut being qualified according 10 law
| Here follow references 60 the eases of Al. /
'oru RS Shelby, 20 Miss Rep, p 259 l. $ |
= Maurice. I'd Brock Rep log, showing that /
'mcmbeIs of the Legislature were public |
Ulcers deriving their rights aud powers from /
heir election under the organized govern.
nent which they assembled 10 administcr.I
Ilso quotations from Chancellor Kent, I'd
ol y. ahg Rhodes aud Mcdonald, "a Miss, X
J. 2il; and this branch ofnpinion thus con
ludos
In the case before ms, neither by the Com
ttution of the u. s. nor by the Constitu.
ion of Mississippi whore the acts of the
lcmbers of the Legislature made void for
iilurc 90 take the prescribed oath. The
rovisions hprc relied on, were therefore
lorcly directory, aud the omission TO take
le oath, does not affect the validity of their
II But Il is urged by counsel for the APP
lellants, that this legislative body WAS one
laiming tn act in hostility 90 the Govern
mont of the L. $, aud that its authority has
lcon ovcrthruwn, aud its government sub
lucd by force otarms. and therefore KS action
Turing the hostility aud over since until
by the t. : Government. Is void.
Neither the interest of the L. ). Govern
nent nor justice TO the State nor any sound
'nhlc policy, would be promoted nv hold
ng, contrary 10 the fact, that the citizens
4 this State. were ia a state Of anarchy
nong hemsclrcs, without rights, without
avs. constitution, or government for the
cgulatiOn of their private, iutSrnal local
fairs during the progress of the war. That
he ordinance. legislative acts. or other pro-
ceilings ~ the State conflicting with the
and laws Of the United
ties should be ahrogated, and that
very impeachment 60 restoration
4 peace and harmony under the
M government. should be removed. is not
My the right Of those who triumphed In
he war lint its leuitim p,sult kut the ]