The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-12-06
Mississippi.

We have already publlshed-a short
paragraph in relation to an important
decision made by the High Court of
Errors and Appeals of Mississippi.
The following is more at length, and
viii afford a proper understanding
of the 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 valid
and legal body, and must assemble
and act under, and in harmony
with, the paramount laws Of the land !;
that before the passage of the act
attempting to suspend the statute
of limitations in january, 1861
Mississippi, by an ordinance of her
Convention, attempted to withdraw
from the Union, and shortly there
after became one of the Confederate
States s'-an enemy in hostility to the
United States; that by unsuccessful
revolution 'sshe is remittad back to
her status ante bellum, all acts done by
her during the war being null that
failing to create a new government de
5W'e, and having no government lie
facto established and recognized, she
must be considered as having all
along constituted one Of the United
States, notwithstanding her ordinance
of secession; that in addition to this,
by her ordinance of August, 1865,
the Convention of Mississippi de-
clared the ordinance of secession null
and void.
1t is insisted that the State Of Mis-
sissippi has never been able to legis-
late lawfully and constitutionally,
''except as one of the United States;'
that by the Constitution of the United
States, as we'll as the Constitution of
this State, the members of the Legis-
lature 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 Il hostile
one; that hence it is argued that the
Legislature, after that ordinance,
organizing in ''hostility to the or
Sanic law, could pass no valid act;
that Mississippi did not cease to be a
sovereign State, as she had always
been, cas- one Of the United States, -
in spite of her ordinance of secession.
In that character only could she le-
gislate lawfully, when acting in con
formity with, and in subordination
to, the Constitution; and failing to
take the oath required by both Con-
stitutions, and taking another and
hostile oath substituted for it, her
Legislature could pass no valid act
l. That the provisions in the Con-
stitution Of the United States, as well
as the State of Mississippi, requiring
members of the Legislature to take az
oath to support the Constitution of
the United States, is merely direc-
tory, and the failure to take such
oath will not invalidate their action.
2. That all acts passed by the Lee
gislature of Mississippi during the
war, not inconsistent with her organic
law, were valid, and remained so af-
terwards, 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 there
of, and then existing, were thereby
annulled.