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

told Il " saiA lhN N order ~
ws. ealhl hws, ihe Legislature musi
~ valid sud ieaal hslg aad mui
iafamlds snd 81 nndof sad In hhf
mony with ihe DHmmmHf mwa N
Me land that beffe tlle pas.asf n
ihc aet attempting n suapend il,e
statute n limitation, 'in iannafy
1901 = hississippi, ny M mlihinrc
~ hef convention, attempting ~
withdraw ifon fhe Union. en-, short
y thereafter hemmc ono ~ ihe
"Couiederate @tatea 'an encmy in
hostility u iho United States, lliai W.
unsuccessful revolution. "ho i ~.
miited buck ~ her status uHle b,iant
vi wcts done by her during the war
being hnlI that failing ~ creaie 4
new government De jnrs, and having
no government dc f1cio, esiabiisisd
and recogHiied, she must be consid.
cred as having all along constituted
one Of The United States, nolwih-
standing her ordinance Of secession ;
that 10 addition TO this, by her ordi.
nance Of August, 1865, the Conycn.
tion Of Mississippi declared the ordi-
nance Of secession null and void.
1t is insisted further that the State
Of Mississippi has never been able to
lcgislate lawfully and constitution
ally, Except as one OF the United
States" that by the Constitution of
the United States, as well as the
Constitution Of this State, the mem-
bcrs of the Legislature were bound
to take an oath to support the Con-
stitution of the United States and
that by the State Constitution "be-
fore' they entered upon their duties,
they were bound to swear to support
both Constitutions; that the Con-
vention Of 1861, by the ordinance Of
secession, abrogated this oath and
substituted a hostile one; and hence
it is argued that the Legislature,
after that ordinance, organized in
"hostilityt to the organic law" could
pass no valid act; that Mississippi
did not cease to be sovereign State,
as she always had been, "as one OF
the United States, in spite of her
ordinance Of accession" In that
character only could she legislate
lawfully, when acting in conformity
with, aud in subordination to the
Constitutions Of the United States, as
well as her own Constitution; and
falling to take the oath required by
both Constitutions, and taking an
other and hostile oath, substituted
for it, her Legislature could pass no
valid act.
And so it is admitted, in the briel
Of the counsel for appellant, that
Mississippi, continued to be zone Of
the United States" in spite OF her
ordinance of secession. That the
acts Of Government de tdcto are
valid, as arc the acts of an officer de
fdcto; provided possession and color
Of office or right TO occupancy co-cxist
with this action. That the acts of d
usurper, in possession of the Gov
ernment under color of right, must
be respected and obeyed. That il
the government of Mississippi had
been a government de tdcto, all hei
acts and engagements would be bind
ing as her present government, and
neither the laws, nor constitution
nor public policy of the United
States Government, could have hat
effect within her limits during that
period; and her acts as such govern
ment de fdcto, would have been bind,
ing on all the world.
The grounds relied on in this ar
gument to establish the illegal char
acter of the body claiming to excrcisI
legislative power in the State of Mis-
sissippi, after the adoption of be
secession ordinance, are: First, tha
they failed tn take the oath require,
by the Constitution Of the Unitet
States, as well as the Constitution o
Mississippi, as It existed prior to tn
ordinance Of secession. And, second
J that il was a body claiming to act il
hostility to the Government Of th
/, United States.
! As to the first grounds, the mem
bers of the Legislature whose act
; are in question, were lawfully electe'
t as such by their respective countie:
q under the provisions Of their consti
:. tuition, and according to laws whic
r had undergone no change, and the
: became entitled TO assemble them
selves as the representatives of tn
$ people, at the capitol, for the purpos
7 Of entering on the discharge Of tn
1 duties Of the Office to which the
Q had been so elected. When assem-
$ bled, BY the provisions Of that sam
0 Constitution which had existed sine
4 1893, il is declared that "each hou'
. shall Judge Of the qualifications an
election Of it, own members" TIL
= right of judgment WAS exclusive
: : all other tribunals, from which thcl
! is no appeal provided. The requ
: sites and manner of qualification an
r election were, therefore, questions e
. the judgment of leach house an
a their Judgment when pronounce,
). conclusive.
A But independent Of this, upu
3 general principles, AZ well as by u
express provisions Of our laws, Il
1 official acts Of any person in posse
" !. sion Of any public office. and exc
!. cising the tunctions thereof, are val
: and binding as lawful official arts,
regard to all persons inIerestai tlkr
n in, or affected thereb,, whether SUI
= persons be lawfully entitled TO ho
10 such Office or not and whether suc
II person be lawfully qualified or no
lr but such psrson is liable to all Il
m pensltie. imposed hy lac for usur-