The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-04-08

as its duty to maintain and protect II
the same manner at least as 1t would en-
force between individuals, by Injunction OF
otherwise, the specific performance OF con
tracts. The said State of Mississippi AYERS
and charges that, having been admitted ~
. State Of the Union in 1917, she has ever
since continued to be so, and Is so now
| hat she has q State constitution, rcpubli
can in form, and State government II
complete and successful operation under
her constitution, with all its departments
illed and administered by proper function
| ,ries in as proper and full manner as
any State In the Union, and hence she Is
entitled by the Constitution of the United
States, and by the covenants and compacts
aforesaid, to be regarded as State of the
Union in all respects. She acknowledges
and claims that the Constitution of the
United States is the supreme law of the
land, and when her constitutional rights,
or the covenants with Georgia and Virg'.
| MIA, are invaded, under the ordinance oil
1851 she has right TO appeal TO TINS hohor-
| able tribunal, established as it is by the
| Constitution TO decide in the last resort in
al cases in which State Is party, and
| TO give appropriate and adequate relief,
.snecially when, as In this case, there Is
otherwise no remedy to prevent her utter
humiliation: and if there be no remedy
here. then her condition is without redress
and her most sacred right may be invaded
and her very existence destroyed.
The said State further shows and charges
that. having become a member OF the
Union. as aforesaid, in 1917, she surren-
dered certain rights to the United States
in consideration of perpetual protection
under the Constitution, with all her rights
and privileges as State perpetually guar
anteed, and that forever after 1t was I'M
possible for her people, or for the State in
its corporate capacity, to dissolve that con-
nection with the other States, and any
attempt to do so, by secession or other
wise, was nuility, which she has admitted
by ENGRAVING in an amended constitution
a solemn declaration. that the pretended
ordinance of secession adopted by a por-
ton of her people was absolutely null and
void and she now most solemnly asserts
that her connection with the Federal Go
vernment was not in any wise thereby
destroyed or impaired. And she moreover
AYERS and charges that the Congress of the
United States cannot constitutionally ex-
pei her from the Union, and that any at
tempt which practically does so is nullity
and she also charges and AYERS that there
is no provision in the Constitution of the
United States which subjects her, as
State, to any pains, penalties, or foricitures
as a consequence Of such void attempt OF
a portion of her people to withdraw her
from the Union; all powers to punish
State, by expulsion or otherwise, for any
cause, having been expressly refused IN
the convention which framed the Federal
Constitution. She AYERS that her citizens
lost none of their political rights, nor in
CURED any penalties, except what might
be inflicted on them as individuals by due
process of law, after trial by jury, in courts
having jurisdiction of their offences, and
that disabilities attempted to be imposed
upon her or upon her citizens, otherwise
than as aforesaid, by any body of persons
are void, and violations of the Constitu-
ton of the United States, as well as OF the
compact with Georgia of 1902, and with
Virginia of 1877. The said State admits
that by the wrongful acts Of part OF her
citizens, and the neglect of the Federal
authorities to protect the loyal, her govern
ment became temporarily disorganized in
reference to its relations with the Federal
Government, but she claims that this evil
has been corrected in the proper manner
by the people Of the State.
In concurrence with the view OF the
President Of the United States, ana the
apparent sanction of the public sentiment
of the whole country, people OF the state
assembled in convention and estabilshed
for themselves government republican
in form, and so in practice, and she mas
been recognized as State by various acts
of Congress, by the official proclamation
of the President, and, as she believes, by
this court. Even if any of these acts
we're irregular, which is not admitted, still,
when the people of Mississippi did so as
ssmhle II was an assemblage Of the highest
newer of the State, and above the control
IF the President or Congress, so far as
their State constitution was concerned, and
neither could impart power to the people
or do more than aid them, since it is fun
damental principle "that governments are
instituted among men, deriving their just
mowers from the consent of the governed"
The people assembled voluntarily, and
not by compulsion of the President.
4 copy of the original and amended
constitution is herewith presented.
The said State further AYERS that she
has exhibited her good faith and adhe-
sion to the Constitution of the United
States by electing senators aud represen-
tatives to Congress, as Of right and duty
she was bound to do; but her senators and
representatives have been and are wrong
fully excluded from their right to partici-
pate in the legislative department of the
Government, and her people have been
compelled to pay the taxes and bear
the burdens Of the Government with
out representation. And the COM
plainant charges that, after the exclu-
sion of her senators and representatives,
and after the exclusion of the senators and
representatives of nine other States, all or
most of whom applied for admission, but
were rejected, the representatives of
twenty-six States have assembled at the
seat of the Federal Government, and legis-
lating as the Congress of the United States,
have passed an act, which is now the spe-
cial object of complaint, entitled "an act
to provide for the more efficient govern
ment of the rebel States" which is hereto
annexed as exhibit A, and an act
entitled Gan act supplementary to an
act entitled an act to provide for
the more efficient government Of the rebel
States" hereto annexed as exhibit b, and
both prayed to be taken as part of this
bill. The title Of these bills admits that
they are States, and yet power is assumed
to establish governments for them, end this
assumption is founded or the pretcxt set
out in the preamble that no legal State
governments exist in the said State Of Mis-