Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1866-12-06
IMPORTANT DECISION. The High Cou

IMPORTANT DECISION High Court
of Errors and Appeals, of Mississippi, have
rendered an important decision. 1t was
contended that the entire legislation Of the
State, attempting to suspend the statute of
limitations, was void:
1t is said that in order to pass valid laws,
the legislature must be a valid and legal
body, and must assemble and act under,
and iu harmony with the paramount laws of
the land; that before the passage of the
act attempting to suspend the statute of
limitations, Gin January, 1861, } Mississippi
by an ordinance of her Convention attemp
ted to withdraw from the Union, and short
ly thereafter became one of the "Coufeder-
ate States An enemy in hostility to the
United States; that by unsuccessful revo
luton "she is rsmitted back to her status
ante bellun', all acts done by her during the
war being null; that failing to create new
government de jure, and having no govern
meut de facto established and recognized,
she must be considered as having all along
constituted one of the United States, not
witbstauding her ordinance of August,
1865, the convention of Mississippi declared
the ordinance of secession null aud void
1t is insisted further that the State of
Mississippi has never been able to legislate
lawfully and constitutionaly "except as one
of the United States;" that by the Consti-
tation of the United States, as we'll as the
Constituties of this State, the members of
the Legislature were bound to take an oath
to support the Constitution of the United
States; and that by the State Constitution
"before" they entered upon the duties,
they were bound to swear to support both
Constitutions; that the Convention of 1861,
by the ordinance of secession, abrogated
this oath and substituted hostile one;
and hence it is argued that the Legislature,
after that ordinance, organizing in "hostili-
ty to the organic law," could pass no valid
act; that Mississippi did not cease to be
sovereign State, as she had always been,
Gas one of the United States, in spite of
her ordinance of secession" In that
character only, could she legisate lawfully,
when acting in conformity with, and in
subordiuation to the Constitution of the
United States, as well as her own Coustitu
ton; and failing to take the oath required
by both Constitutions, and taking another
and hostile oath substituted for it, her Legis
lature could pass no valid act, ...
Tho oonolusione of the court are as fol-
lows:
l. That the provisions in the Constitution
of the United States as we'll as the State of
Mississippi, requiring members of the
Legislature to take an oath to support the
Constitution of the United States, is merely
directory, and the failure to take such oath
will not invalidate their action.
2. That an act passed by the Legislature
of Mississippi during the war, not incon
sistent with her organic law, were valid,
and remained so afterwards, until altered or
repealed by her authority, with the exception
that upon the return of peace all such acts
as were Inconsistent with the Constitution
of the United States, or the laws passed in
pursuance thereof, and then existing, were
thereby annulled.