The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-03-17

II Is stated that Judge onarkey,
now in Washington, has obtained
permission to file a 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 judg-
ment, but quite different thing to
execute it. We fear that this proceed
ing will prove about as effective as an
application for 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 q 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.
It is said that State may apply for
n writ of prohibition against the juris-
diction Of the military tribunal appoit-
ted by the late Act. That may, or
may 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 "de-
cision is binding on every other depart
naent Of the 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 "legal'' the latter govern
and is it not clear that by this
decision, to employ the language of
the Court, the judicial power will be
'bound to follow the decision of the
political"
Weare gratified that this step has
been taken, whatever doubt we may
have of its success in relieving us of
the cruel exactions imposed by the
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 those
Of Judges Yerger and W. p. Harris,
oasing their opinion upon decisions
already rendered, have argued will
prove totally inadequate. Let them
ook the issue straight in the face, and
prepare for the worst. Military com
handlers under the orders of the Pres
lent have already entered upon the
work assigned them by Congress, and
hat body is engaged in perfecting
/ law which will require Conventions {
% be held in the several States, II
the white people choose to stand aloof, !
and permit a Constitution to be
framed after the Brownlow pattern, :
we think they will be guilty of a very /
suicidal act, and will do precisely what
their worst enemies want them to do. l
Candidly, we do not think there is
any power to restrain these proceed
ings-or which, if it should so attempt,
can succeed-but we will soon see.