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

OF congress were refused their seats, their
elections Mefe ig66red and the tleeislaEion
of Congress proceeded in utter disregard Of
any right on our part to representation in
that body. This Tanomalons stete Of fhinel
could not long continue. The President had
used all his influence. IN our bellalf, butlths
elections last Fall demonstrated that he was
powerless to carry bis policy into effect; and
in the MILITARY Bill which has just passed
Congress has prescribed the only terms afd
conditions, upon which that body viii oon
sent to the reorganization of the State gov
ernmehts, and. the restoration Of our people
to the right ton participate in the general
legislation Of the country, These .condi
tons are harsh, ulgsneFous and hnmiliating
They are such as. the cong in civil war
most generally imposes upon his conquered
foes They eyince aadetermination to retain
political power at all hazards. and conciu
sively, demonstrate, that triumphant power
/ speaking in the name of the American Com.
gresss has left tp the white people ofthe
South, no escape from the conditions thus
imposed, unless they are prepared success
fully to resist them by the force of arms.
/ The military Bill" does not destroy the
existing State governments, but it, recogni'
yes them only as "previsional" and places
them under the control of the military com
mander.
The Sd section confers upon the military
commanders, the issues of life and death, the
trial and punishment of offenders and the
protection of person and property. Inshort
the whole executive, judicial and Legislative
functions of government are placed in the
/ hands of soldier, whose Willis absolute,
and whose power is supreme. This is un-
mitigated despotism, only less tolerable than
anarchy.
The fifth section OF the Bill provides Cor
the terminationi of this military rule and
for representation IN Congress, onl : awhen
the people Of anysof theSsaid rete1 States,
shall have formed Constitution by Con-
vention of delegates elected, by, the, male
citizens of said States, 81 years old, and up
ward, of whatever race, color or previous
condition, who have been residents in said
States, for one year previous to the day of
such election, except such as may be dis
franchised for participation in the rebellion
ortor felony at common law" This Consti-
tuition must provide, that the elective fran
chise shall be enjoyed by all such persons.
as are qualified to elect delegates to the con-
vention. And in addition thereto, the States
must adopt the amendment to the Constitu-
tion, proposed by the thirty-ninth Congress-
and known as article fourteen. = I. 'fsis.ss7
This amendment DISTINGUISHES all persons,
who have been members of Congress or of
the State Legislatures, or who having held
an executive or judicial Office took an oath
to support the Constitution of the United
States. and afterwards participated in the
rebellion, .,~sfs5,. 81 i.Tg
The provisions of this law leave to our
people nothing but achoice of evils. Our
friends who advise the policy of inaction
tell us that the bin is unconstitutional
This is certainly true 1t is the lawless will
of an uncontrolled and despotic majority.
How can we resist it?a No one advises, no
one contemplates a resort to physical force.
When the armies of the South under Gen.
Lee surrendered, the question wasdinally
settled, that these States could not resist
successfully the arms of the United States.
Gan the President prevent the execution of
this lava He interposed his veto, and an
overwhelming majority passed it over his
head. And though pronounced by him to
be unconstitutional, be is already preparing
to- enforce it,. Threatened with impeach-
ment, if he possesses the will, he has not the
power, to resist the despotic sway of Goa
gressor to protect us from the operation of
the law. But it is said we may appeal to
heiSnpreme Court and thai, that august
tribunal will interpose the ermine of the
Judge as abarrier against the bayoiet of
the soldier, i have full faith in the courage
Of that Court, and believe that whenever
case shall come before it, Of which. it can
entertain jurisdiction--it viii fearlessly de.
,lare It's Judgment Of the law and uphold
md maintain the Constitution. in its integ- |
'ity. e But in our own State, we have had q |
memorable instance in the case of the Union |
Bank Bonds of the inability of Courts to en- |
Oree their judgments on questions Of b POI |
itical nature against the win of q majority |
# the Legislature. ~ oe .s.ef-,ps bsstss z2aU
But the NSupreme Court can entertain no |
urisdletleni of any question, arising under |
bill, which will be of the least |
PRACTICAL political Importance IN the case of |
IutherYsIR Borden, decided in 1s48, reportad /
n 18th Curtis. r.. this question has been |
ettled There ! e6ntrovsrsy arose under |
he aeohstitution and laws of Rhode Island, /
nd. tie Sapreme Court was required 10 de-
ermine, which of twoe rival governments
fas the coIst ionals govsrnfns nfaof ash6d9 /
Stand Chief Justice Ianey Idsliaeding The
pinion Of tile Court says: sThe atI section
fithe 4th article of the Constitution of the
United States provides that the United L
states ahall guarantees te every state ilt the
Union 3 republican form Of government
nd shall protect each of them against inva.
Jon; and on the application Of the Legisla-
iurs or Of the Executives when the Legisla-
ore cannot be convepeds against domestic
yiolence. a6t II aasisIegsz.t rs Il qfs ~ gdI
Under this article ofs tue Constellation. it
Congress to decide, what govern
rfndent is the established one in State
Cor IS the United States guarantees TO each
'tate republican government, Congress
must necessarily decide What government is
established il, the State before iteane deter.
Il