The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1867-03-21

willing to accept the situation. We
are glad to know that so few of them
are DISTINGUISHED under the recent
harsh and oppressive legislation OF
Congress, inasmuch as there is no
other alternative but to obey it.
1t is stated that Judge Sharkey, |
now in Washington, has obtained
permission to file bill in the name of
the State of Mississippi to enjoin all
proceedings under the recent Military
Bill, and that he telegraphs that
"prospects are good"-good for sue
ing out the writ we infer. He may
even obtain the decree, but we appre-
bend there will be no power adequate
to the restraining of the military auth
critics from the execution of the law.
1t is one thing to pronounce a Judg-
ment, but quite different thing to
execute it. We fear that this proceed
ing viii prove about as effective as an
application for a writ to enjoin the
enforcement of the resolutions of Con-
gress by virtue of which the Judge is
excluded from his seat in the Senate.
Does not the Constitution guarantee
to each State the right to representa-
ton, and is it not a fundamental prin-
ciple of the government that taxation
and representation must go together.
Congress by the Constitution is made
the Judge of the qualifications of its
members, but that body will not even
permit our Senators and Representa-
tives elect, to have their qualifications
tested
1t is said that State may apply for
a writ of prohibition against the juris-
diction of the military tribunal appoin-
ted by the late Act. That may, or
NAV not be true, but this is true, that
the Supreme Court in the case cited by
Judge Yerger, of Luther VS.. Borden,
growing out of the Rhode Island
troubles, decided that the legality OF
State government must be deter
mined by Congress, and that its SIDE
cision IS binding on every other depart
anent of tile government and cannot be
questioned IN a judicial tribunal.''
Now, Congress has declared that
our existing State governments are
illegal, having originated in proceed
ings on the part Of the Executive,
which it pronounces unauthorized
and has taken measures for the
establishment of other governments,
in lieu thereof Congress will of course
pronounce "legar' the latter govern
ments; and is it not clear that by this
decision, to employ the language OF
the Court, the judicial power will be
ssbound to follow the decision Of the
political"
We are gratifed that this step has
been taken, whatever doubt we may
have of it's success in relieving us O
the cruel exactions imposed by The
Military Bill; but we would not have
the people repose in fancied security
upon the efficacy of measure OF re
lief which such legal minds as thos'
of Judges Yerger and W. ?. Harris
basing their opinion upon decision
already rendered, have argued will
prove totally inadequate. Let then
look the issue straight in the face, ant
prepare for. the worst Military com
manders under the orders of the Pres
dent have already entered upon thu
work assigned them by Congress, ane
that body is engaged in perfectins
law which will require Convention
to be held in the several States. L
the white people choose to stand aloof
and permit a Constitution to b'
framed after the Brownlow pattern
we think they will be guilty Of a verI
suicidal act, and willdo precisely wha
their worst enemies want them to do
Candidly,-w do not think there il
any power to restrain these proceed
ings-or which, if it should so attempt
can sueceed-but we will soon see.
Clement G. Green charged with man
slaughter in the killing of Clement c
uovzoll In Atlanta the other dav no