The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-04-16
From the Memphis Appeal.
MISSISSIPPI IN CEEANCERX.


We have now carefully read the bill
proposed to be fled in the name of
the State of Mississippi, BY Judge
Sharkey and Robert J. Walker, pray
ing the Supreme Court to the annual
Reconstruction Act and Supplement,
and the argument OF the former juris-
consult upon the question attempted
to be raised By the bill.
Our opinion of the bill itself IS con
frmed. In a somewhat long course OF
practice in Courts Of Equity, we have
never CHANGED TO see exactly such a
.critter' and it viii be readily suppos-
ed that we have seen some very
queer productions of ambitious lawyer
lings. The facts are in the bill; but
so is the argument of counsel, inter
jected here and there, in fashion that
must be novel to the Supreme Court
of the United States,-the State some
times addressing itself to that Court
and then subsiding into the distance
to enable the counsel to argue and eX-
postulate with, and admOnish and in
struct the Court, in respect to sundry
principles Of law.
The argument of Judge Sharkey is
dextrous and able-deXtrOus, chief
w. in eyading the strong points
against him, and arguing those that
needed no argument at all,-able, be
cause it is strictly a legal argument,
making the very utmost of the case.
OF course, if Mississippi IS State in
the Union, her rights cannot be
abridged. nor can her republican gov
ernment be destroyed, as it is, and q
military government established over
her. That the reconstruction bills
are null, follows as a matter OF course,
from the fact that the State of Mlssls-
sippi is a State. Establish that the
people Of Mississippi have any rights
under the Constitution, and it IS i'm
possible to deny the illegalIty and
enormity Of the acts Of Congress. Ii
Mississippi is a State, not IN the
Union, but having perfect and com
plete present right to be received INTO
it. Congress has the discretionary
power to permit or delay its admis-
sion, and the Judicial power cannot
hasten it. But if it is State IN the
Union: if it never was out Of the
Union, it is enough to state the legis-
lation of Congress, or silently point
the Court to it, without argument
One might as well labour to demon
strate that a man has no right to muir
der or rob, as that the United States
cannot establish an absolute military
despotism over State actually in the
Union.
BY the bill, the State of Mississip
pi is made to claim that she never sep
arated from the other States; that i
was impossible for her to do so; and
that her ordinance of secession was
null and void. The whole is, for the
State, a humiliating record. No one
who is Of 4 generous spirit, will up
braid her in her calamity: but there
are many who hOnored her for the
gallantry of her legions, who viii
deeply regret that she has been made
to say that her people were all rebels,
but she remained all the time IN the
Union; for, ii she did so, her sons
fought against her also, as one of the
United States, and were undeniably
guilty of treason.
The Northern journals all predict
that the Supreme Court will decide
that it has no jurisdiction of the case
made by the bill. That is our opinion
also. 4 State meger had any remedy
by judicial proceeding, for a violation
of the Constitutional Compact by
other States, or for any aggres-
sion on its rights by the
General Government But do
these journals see, that to say this is
to make it necessary to admit the right
of withdrawal by a State from a Union
in which its rights had no protection.
Junc1aI power OF the nation, even if q
military despotism were established
over it. Not being bound to submit
to such despotism-nay, being bound
by the most solemn obligations Of du-
ty to resist it, it must necessarily judge
for itself, and by separation or other
wise right itself
The legislation of the last two years
has completely justified the Southern
States for their erdeavor to obtain po-
litical independence If the popular
majority, the populace of the North
ern States, can, by their representa-
tiyes in Congress, change the Consti-
tuition at pleasure, and concentrate in
their hands all the powers of the Gov
ernment, it was wise and right in the
South to strive to free itself from
what was servitude in disguise.