The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1867-03-28
It has not been our purpose to dis.

1t has not been our purpose to dis.
cuss the question of accepting the
terms of Reconstruction proposed by
Congress, as a partizan, and in .onl
desire that the people should have the
benefit of hearing both sides, we have
gladly embraced the opportunity OF
laying before them the letter. of Col
c. E. Hooker. We do so the more
cheerfully because we feel assured that
we are submitting to their considera-
ton an argument as able as any that
can be produced in favor of the policy
therein advocated. Not alone its dis
tinguished source, but the unequalled
Importance of the issues involved,
will command for it the attention of
thepublic.
1t will be seen that Col. Hooker de-
votes much labor to. the. task of
proving the unconstitutionality of the
Military Bill, and of exposing the Sc
verify of its features. These are
well established points, which no one
controverts but the Radicals them
selves. President johnson exhausted
the argument on this subject, in his
splendid veto Message All our
writers in favor of reconstruction in
the present dire posture of affairs, have
treated those points as settled; and
indeed have argued in favor of ac-
cepting the alternative proposition of
restoration in order to avoid the ter
rible consequences which must follow
the reign of Martial Law
Portraying the evils of this mon
strous despotism, Col. H. propounds
the inquiry, "Can it be possible that
against such wrongs there is no re
lief?" And he proceeds to argue
that the desired "relief' can be OBJ
tanned through the Supreme Court In
this opinion he assumes a position at
variance with such legal gentlemen as
Judges Yerger, w. P. Harris, John
ston, Ex-Attorney General Wharton
and j. W. Robb, Esq, whose opinions
have been published; and if the
weight of authority were equally bal
anced, the public could arrive at no
other conclusion from the conflicting
opinions, but that their hope of rescue
by means of the Court, from the pres
ent calamities and Of those OF still
more dreadful character which hang
over them, rests upon very insecure
and uncertain foundation. But~after
a careful reading of the authorities
cited by Col Hooker, we do not see
that he establishes more than has been
explained by Judges Yerger and Har-
lis as to the questions over which the
Judiciary Department of the Govern
ment has cognizance; or that he
shows that it is within the province
of that tribunal to settle questions of
a political character between the State
and United States Governments. It
is not denied by any one that contro-
versy may arise in that tribunal as to
some of the powers conferred on Mil
itary commanders, over individuals,
but the position is not even
touched much less overturned,
that in questions affecting tile
legal status of the States, the court
has decided that it is compelled to be gai-
ded 5y tie decision Of Congress, and
that State cannot even get into the
court with its case, If that department
of the government decides that it has
no legal organization. And this is
precisely what Congress, the arbiter
appointed by the Constitution, has de-
cided. It has decided the question by
refusing to admit Senators and Repre-
sentatives from the excluded States;
and again by the expressed language OF
the Military Bill And even while we
are penning these lines, we find state
ment ina paper before us, that the
court has hut recently decided not to
entertain political questions. 1t is
reported that the Governor of Virginia
made requisition on the Governor of
New York for the delivery Of fugi-
tive from justice. The latter refused
to comply with the demand on the
ground that Virginia was not legally a
State; and the Supreme Court, when
the Question: was brought peTore 1t,
decided it not within its cognizance
for the reason that the question of the
status of State, was a political one
Thus again, settling the question now
raised, in accordance with the opinion
of the court, pronounced in the Rhode
Island case.
So fatal do we think will be the de-
lusion of the people of the South if
they are persuaded to remain passive,
and abandon all other expedients, for
averting the impending evils, in their
Hor.rf fhat5 /