Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-04-16
The State of Mississippi in the sunreme
Court.

OF mississippi in behalf of herself and such
other States as may be interested in the prem
Uses, who shall, by consent of the Court, pro.
perry make themselves parties thereto, against
Andrew johnson, a citizen:o the Stats-of
Tennessee and President of the United States.
and also against General E. o. C. Ord.
The petition sets forth at length the his
tory OF the formation of,the Stale of AIissis.
siPpl, Claiming, besides the protection of the
constitutional rights of State, that there
are compaets fundamental, irrevoeable aud
uIaiterable securing for ever to the State
OF Mississippi her rights as State of>this
Union.
Such compacts aud the rights acquired uu-
der them, the petitioners believe this court
will regard as its duty to maintain aud protect.
IN the same manner, at least, as it would en-.
force between individuals by Injunction or
otherwise, the specific performance of con-
tracts.
The averment is made that the Congress
OF the United States cannot constitutionally
exPel Mississippi from the Union, and that
any attempt which practically does so is
nuiilty' aud that there is no provision in the
Constitution of the United States which SUBJ
Jects her, as State, to any pains, penalties,
or iorieltures, as consequence of such void
attempt OF portion of her people to with>
draw her from the Union, all powers to pun
lsh State BY expulsion or otherwise, for any
cause, having been expressly refused in the
convention which framed the Federal Cons
stitution. She AYERS that her citizens lost
none of their political rights nor incurred
any penalties except what might be inflicted
on them as individuals by due process of law,
after trial BY jury in courts having. iurisdic-
ton Of their otfenses, aud that disabilities at
IN ho l.
citizens otherwise than as before by any BODY
of persons are void, and violations of the Con.
stitution, of the United States, as well as of
the compact with Georgia of 1902 and with
Virginia in 1887, She AYERS that she has
exhibited her good faith and adhesion to the
Constitution by eecting Senators aud Repre-
sentatIves to Congress; and complains that
they have been wrongfully excluded, and that
her people have been compelled to pay the
taxes and bear the burdens of government
without representation.
The act to provide for the more efficient
government of tho rebel States and the act
supplementary thereto utterly annihilate the
State and its government by assuming for
Congress the power to control, modify and
even abolish its government in short, to ex-
ert sovereign poErSr over it. and the utter
destruction of the State must be the conse-
quence Of their execution. The scope of
power vested in the military commanders, so
broad, so comprehensive, was never before
vested in military commander in. any gov
eminent which guards the rights of its citi-
zens or subjects by law.
The bill of the complainant concludes M
follows
Now the complainant expressly CHARGES
that from information and belief, the said
Andrew johnson, President, in violation of
the Constitution and in violation of the sa-
cred rights OF the States, will proceed, not
withstauding his vctoes, and us u mere min
lstcrIal duty, to the execution of said acts as
though they were the law of the land, which
his vctocs prove he would not do If he had
any discretion, or that in doing SO he per-
formed anything more than u mere minis
terial duty. With the view to the execution
Of said acts. the said Andrew johnson has
assigned military commanders to the several
districts To carry them into complete aud full
execution and for this purpose has assigned
General Il. y. q. Ord, citizen Of the State
OF Maryland, to the command of the States Of
Mississippi aud Arkansas, W HON complainant
prays may be made a defendant to this bill
and served with ell proper process, etc.; and
complainant further AYERS that the said Gen,
eral d. y. {. Ord will speedily enter on the
discharge OF said duties unless restrained by
this honorable court.
And complainants would further show that
many legal questions must arise under these
bills II the government contemplated by them
be carried out, which sooner or later must
come before this Court for final adjudication
and it is believed these bills will be ultimate.
~ decided unconstitutional in tkeir whole
length and BREADTH and as a consequence all
acts that may have been done under them
must be declared void, even to the constitute
ton which may be formed under them. The
nIg.l,I at- hat a.. r.
Of things are incalcuIabIe Suits without
number, not only in regard to rights of pro-
perty, but for punishmeDts inflicted without
authority, total disorganization of the pre-
sent government. Inasmuch as no elections
can be held TO fill the the State Offices a
state OF anarchy must intervene until the
government can again be reorgauized by the
people, and therefore, public policy, the good
! order OF society, and the the safety of peo-
pie call loudly for speedy redress, and the
complainant also charges that this bill is fled
as bill OF peace and to prevent endless suits
and controversies, inasmuch as the executil
of the acts must produce such an endless -
rIety OF litigation as to disturb the good or.
der OF society by driving aggrieved parties 70
seek redress against officers and Others. who
may commit tresspasses against the innocent
10 prevent such evils is one of the con-
mon grounds of equity jurisdiction, ard the
complainant AYERS that this appeal is made to
this honorable Court in good faith, and not
from tactIous motives, or from spirit of in
subordination to law, but under fixed belief
that these acts are in violation of the Consti-
tuition, and of the compacts aforesaid, and
impose no obligations en- her people to observe
them unless decided to be valid by this hon
orabIe Court, and therefore claims, as she has
right to do, the deliberate determination of
this Court as the tribunal organized under