The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-04-12

tben These acts were Netoeu py lhe
p,as;dent. but were passed over the |
toes nv two thirds of both houses as
now ORGANIZED, ten States being exclu- |
ded from representation IN both
Nav the complainant expressly
.,,,nCraS that. from information and
hal;ef the said Andrew johnson, Pres
;dan+ in violation of the Constitution,
~ - :, violation of the sacred rights of
the States, will proceed notWith-
standing his yetoes, and as a mere
,nin;steTial duty to the execution of
said acts, rs they were the law OF the
Ind which the vetoes prove he would
not do if he had any discretion, or that
in doing so he performed anything
100 than a mere ministerial duty.
with the view to the execution OF sald
acts the said Andrew Johnson has as
stoned military commanders to the
several districts to carry them INTO
complete and full execution, ana Tor
this purpose has assigned Gen. =. u
! G Ord. a citizen of the State OF Mary
land. to the command of the States OF
Mississippi and Arkansas, whom com
plainant pravs may be made defend
ant to this bill, and served with all
! nroper process. &c And complainant
/ further AYERS that the said Gen
eral Z. O. c. Ord will speedily en-
/ ter on the discharge of said duties
unless restrained by this honorable
court Now complainant AYERS and
! charges that the execution OF SAID acts,
I by enfOrc;ug them in the manner there
! i'm provided, will cause and produce
/ immediate aud irreparable mischief in
/ the States to which it applies, as must
/ be manifest to the court, in this-that
they are repugnant to the Federal Con
| stitution, and violate the spirit, the
purpose and the object of the compact
| between Georgia, Virginia and the
! United States; it will deprive the
/ States of every attribute of State au-
thoritv, and practically annihilate them
as States, by converting them into
subordinate dependencies it will de
range the whole system of internal or
domestic affairs; it will annul their
/ legislation, and subvert their whole jul
/ dicial system. Inasmuch as it declares
/ the State governments illegal, it may
annul all contracts and titles to prop
ertv made with reference to existing
laws. 1t will deprive the people of
their most sacred rights, their eXemp-
ton from arrests except on warrant
founded on affidavit, their right of the
intervention of grand jury, and their
right of trial by jury, and establish
arbitrary and despotic military pow
ers on the ruins of their constitutional
rights. 1t will produce train of ir-
reparable mischiefs that may not be
corrected for years, as the court Will
readily perceive; and they can only
be lIre ented by a very speedy appli-
cation of the restraining powers of
this court But above all, these acts,
if maintained, establish a precedent by
which Congress, composed of ma
jority Of States, may at pleasure eX-
clude any State, or any number Of
States, from the American Union.
And complainant would further show
that many legal questions must arise
under these bills if the governments
contemplated by them be carried out,
which sooner or later must come be
fore this court for fiual adjudication !;
and it is believed these bills will ulti-
mately be declared unconstitutional
in their whole length and breadth.
AS consequence, all acts that may
have been done under them must be
declared void, even to the constitu-
ton which may be formed under them.
The mischiefs that must result from
such a state of things are incalculable.
Suits without number, not only in
regard to rights of property, but for
puniShmCnts inflicted without authOri-
ty, total disorganization of the pres
ent government, inasmuch as no cleo
tiOns can be held to fill the State
offices, a state of anarchy must inter
vene until government can be again
reorganized by the people. Therefore
public policy, the good order of
society, the safety of a people, call
loudly for speedy redress.
And complainant also charges that
this bill is filed as a bill of peace, and
to prevent endless suits end cOntro-
versies, inasmuch as the execution of
the acts must produce such a variety
of legislation as to disturb the good
order of society, by driving aggrieved
parties to seek redress against officers
and Others who may commit trespas-
ses and crimes against the innocent.
/ To prevent such evils is one of the
common grounds of equity jurisdic-
ton.
And the complainant AYERS that this
appeal is made to this honorable court
in good faith and not from factious
motives, or from any spirit of insub-
Ordi nation to law, but under a fixed
! belief that these acts are in violation
of the constitution and of the com
pacts aforesaid, and impose no obliga-
ton on her people to observe them
unless decided to be valid by this
/ honorable court; and, therefore.
/ claims, rs she has a right to do. the
/ deliberate determination of this Court
as the tribunal Oganized under the con
stitution to preserve it inviolate, and
to keep all the departments of the
I government within their appropriate
| spheres, by trying their acts bv the
test OF the constitution; and he claima
the exercise of this undoubted rioht in
advance for the purpose of prevent
ing irreparable mischiefs so gigantic
and ntoIerable as those which are
| threatened. If she should be mis-
taken in this, and the acts should be
decided to be constitutional, she will
most cheerfully yield implicit obedi
ence to all their behests, whatever the
consequences may be. All she desires
IS to guard her rights and the rights
OF her citizens, and this boon she hopes
may be accorded her before it is too
late, and without being subjected to
the imputation of improper motives.
If either the State or the people have
constitutional rights it is paramount
duty to preserve them by all legitimate
means. This court the State believes
to be the great tribunal for the peace
full settlement of all constitutional
questions, as especially in ''alI cases in
q tot - I