Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-04-09

iHdlYlduais Dy uue' process VI law aiteI
trial BY jury, in courts having jurisdiction
Of their ofenses, and that disabilities at
tempted to be imposed upon her or upon
her citizens, otherwise than as aforesaid, by
any body Of persons, are void, and viola
tons of the constitution Of Che United
States as we'll as Of the compact with
Georgia Of 1902, and with Virginia Of
1888. The said State admits that by the
wrongful acts Of part Of her citizens, and
Isthe neglect Of the Federal authorities to
protect the loyal, her government became
temporarily disorganized in reference to
itsirelations wifi the Federal government,
but she claims that this evil has been cor
rected in the proper manner by the people
Of the State. 49, 49, -..-..
In concurrence with the view OF the
President of the United States, and the APP
parent sanction Of the public sentiment OF
the whole country, people Of the State as
sembled in convention and established for
themselves a government, republican in
form, and 50 in practice, and she has been
recognized as State by various acts of
Congress, by The proclamation Of the Presi-
dent and, as she believes, BY this court.
Even &c any of these acts were irregular
which is not admitted still, when the pe0-
pie Of Mississippi did 50 assemble, it was an
assemblage of the highest power of the
State, and above the control of the Presi-
dent or Congress- SO far as their State con-
stitution was concerned, and neither could
impart power to the people or do more
than aid them, since it is a fundamental
principle, shat governments are instituted
among men, deriving their just powers
from the consent of the governed The
people assembled voluntarily, and not by
compulsion of the President. A copy of
the original amended constitution is here
with presented The said State further
AYERS that she has exhibited her good faith
and adhesion to the constitution of the
United States by electing Senators and
Representatives to Congress, as of right and
duty she was boundto do; but her Senators
and Representatives have been and are
wrongfully excluded from their right
to participate in the legislative depart
ment of the government, and her peo-
pie have been compelled to pay the taxes
and hear the burdens of the govern
ment without representation. And the
complainant charges that, after the exelu-
sion of her Senators and Representatives,
and after the exclusion of the Senator's and
Representatives of nine other States, all, or
most of whom applied for admission, but
were rejected, the Representatives Of TWEEN
ty-six States have assembled at the seat of
the Federal government, and, legislating as
the Congress of the United States, have
passed an act, which is now the special OBJ
ject of complaint, entitled "an act to pro-
vide for the more efficient government of
"A Paiol hsah Z. Il
as exhibit A, and an act entitled "an act
supplementary to an act entitled an act to
provide for the more efficient government
of the Rebel States" hereto annexed as ex-
hibit B, and both prayed to be taken as a
part of this bill. The title of these bills
admits that they are States, and yet power
is assumed to establish governments for
them, and this assumption is founded on
the pretext set out in the preamble, that ne
legal State governments exist in the said
State of Mississippi and other Southern
States adequate to the protection of life or
property, which is believed to be wholly
erroneous since the people of Mississippi,
the only source from which State govern
ment can emanate, have, as before stated,
formed for themselves a government fully
adequate TO the protection oflife, liberty and
property. This act and the act supplemental
~ thereto, annihilate the State and
its government by assuming for
Congress the power to control, mOdi-
fy, and even abolish its governmental
short, to exert sovereign power over il and
the utter destruction of the State must be
the consequence of their execution They
also violate well known salutary principle
in governments, the observance of which
can alone preserve them, by making thecivil
power subordinate. to the military power,
and thus establish military rule over the
States enumerated in the act, and make a
precedent BY which the government of the
United States may be converted into mil
itary despOtism, in which every man may
be deprived of his goods, lands, liberty and
life by the breath of military comman-
der or the sentence of the military commits
sion or tribunal, without the benefit of trial
by jury, and without the observance of any
of those requirements and guarantees by
which the constitution and laws SO plainly
protect and guard the rights of the citizen.
Aud the more efectually to accomplish this
purpose, said acts divide the ten Southern
States into five military districts, and make
it the duty of the President to assign an
officer to the command of each, and 10
place sufficient force under him, whose
will is to be the law, and his soldiers the
power that executes it. 1t is declared TO
be his duty to protect all persons in their
right of person and property, to suppress
instructions, disorder and violence, and
to punish, or cause 70 be punished, all
disturbers of the peace and criminals;
and he may organize military commits
sions and tribunals to try offenders when
he may think proper. But by what rule or
law is he to Judge of the rights of persons
or property? BY what rule or law is he
to arrest, try and punish criminals
By what rule or law is he to Judge
whether they have committed crimes
The answer TO these questions is plain. BY
his own will or though he may adopt the
State authorities az his instruments if he
will, yet he may reject them if he will. A
scope Of power so broad, so comprehensive,
was never before vested in a military COM
mander in any government which guards
the rights of its citizens or subjects by law.
Ii embraces necessarily all those subjects
over which the States reserved the power to
legislate for themselves, as essential to
their existence as States, including the do
nestle relations, all the rights of property,
real and personal, the rights Of personal
security and personal liberty, and assumes
the right 10 control the whole Of the do
nestle concerns Of the State These acts
also provide that tie governments now ex-
isting in the Southern States are but pro
visional governments, subject to tire para
mount authority of Congress, which may
at any time abolish, modify, control or su-
persede them. These acts were vetoed by
the President but were passed over the
vetoes by two-thirds Of both houses az now
organized, ten States being excluded from
representation in both houses.
Now. the complaint expressly charges
that, from information and belief, the said
Andrew johnson, President, in violation
Of the constitution, and in violation of the
sacred rights Of the States, will proceed,
notwithstanding his yetoes, and as a mere
ministerial duty, to the execution Of said
acts, as though they were the law Of the
land, which the yetoes prove he would not
do III he hadany discretion, or that in doing
80 he performed anything more than a
mere ministerial duty. With view 10
the execution of said acts, the said Andrew
johnson has assigned military command
,sr-e fo the several districts Ia carry Their,