The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1866-12-01

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mem 'biifbg end In sf rhnrIe
sought ~ rItuptd ~ laaarafi fIe
putefs of government whrh were
ih fat rgulify administered nt,f
hef puplr7 Can n be that siihnm
even claimant a. dispute her fight.
her legi.lniiVr afia. not fofbittlrn lr
spy afgiuie law ere veid lof want
~ governmental p1wer iu ns them.
tnd ihia lrwuaa ~ q void ordinance
lat.tl hy tho pcoplc IN convention p
because tho tiusrrnmont nf the Uni
lcl Sptc detained Mississippi IN the
I Mon hy COERCION ~ arms, ~ pre-
vent iis own dissolution, It docs not
follow that Mississippi thereby be.
came extinct aa n Suite, and The
| Union dissolved. Nor can II be true
that the old Union was preserved,
aud yet that eleven States have been
destroyed in the effort
In legal effect, The character Of
Mississippi as 4 State in the Union,
was therefore established, aud not
destroyed by the events Of the war,
aud the net IN question remains un-
affected BY ils political results.
And this would be the result, even
If Mississippi had been foreign
State The rules of international
law already stated in the eases above
cited, show that even when the terri
tory of q State or nation, In whole or
in part, is conquered by, or ccdcd to,
or united by treaty, while another
notion, the municipal laws Of the
conquered, ccded or united territory
or nation, remains in full force, until
legally changed by the Legislative
power Of the acquiring nation, agree
ably to its elementary law and con-
stitutlon.--Garlincr's Institutes, p.
53, ! -; Scdgcwick on Statutory
law, p 81, and eases cited.
~ in 18th Peters X. y. 436, the
Supreme Court of the United States
say, that by the law of nations the
municipal laws Of ceded or con-
quoed country, existing at the time
of cc.,ion or conquest, continue in
force until altered by the new sover-
clgn.
Bat "thc beIligerent right Of tn,
! United States Government, growing
oul of The suppression of the rebel.
lion, does not confer on il hc right oJ
conquest after the suppression. Ne
nation eau make Il conquest of il,
own territory. II acquires no new
title, but only rcgains the possession
Of which It was temporarily de
prived. -. Sprague in the Am,
Warwick, u. 5. District Court foI
Massachusetts; "a Law X. p. 1886.
The ordinance Of the convention
of August, 1850 WAS not ncccssar,
, to validity to the act in question
Nor can il he inferred from their ac
tion, taken in connection with thei
', debates on that subject, that such wa
their opinion. The ordinance ap
pears to have been passed out o
: abundant caution, lest the dogni
; assumed by the President in his proc
lamation appointing a Provisiona
> Govcrnor-that the State had becomr
deprived Of civil governmcnt--migh
, he recognized, and the acts Of th
State Government declared void.
We think it results from the fore
! going views necessarily.
, LIST. That the provision in th
Constitution Of the United States, a
: well As the State Of Mississippi, re
puiring members Of the Legislator
p. to take an oath to support the Con
j stitution of the United States,
: merely directory; and the failure I
: take such an oath will not inyalidat
9 their action.
J, I'd. That all acts passed by tll
j Legislature Of Mississippi during tn
e war, not inconsistent with her organ
b ic law, were valid, and remained i
g afterwards, until altered or repcale
= by her authority; with the eSceptio
= that uIon the return Of peace, a
q such acts were inconsistent with tl
n Constitution Of the United States, {
i the laws passed in pursuance thcreo
i aud then erisiiAg, were thereby Al
y nulled.