The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1867-03-28
Letter Of Col. e. E. Hooker.
JACKSON, Mss, March 20. 1se

GENTLEMEN: lam in receipt OfyOur favor
of the 10th inst, asking my opininon as to
what is the true course of Mississippi in
view Of the passage of the Military Bill.
A number of letters, from distinguished
citizens, -(whOse opinions are certainly en-
titled to great weight in answer to this
interogatory, have been addressed to the
people of the State, through the public
press, advising "action' and deprecating
the policy of "inaction.r Those commu-
nications, we apprehend, had for their OBJ
ject to urge the Executive ocall the Leg
islature together to assemble a conven-
tion of the people, to "accept the situa-
ton :" in other words, to accept the bill.
and act under it. The Virginia Legisla-'
ture was in session when the bill passed,
and took the very "action" now recon-
mended to the people of Mississippi.
What was the result? Congress was adj
islature, and that under the call thus
made, "the rebels would take control of
the State" This led to the Introduction
of the supplemental bill in Congress, pre-
scribing who should call the convention,
provided for in the original bill, and re-
quiring registration of voters.
This supplemental bill has passed one
branch of the National Legislature, and
will probably become law at an early
day.
It's LIST section provides that the mill
tary commanders of each District shall call
a convention before September, 1867, and
prescribes an oath which each voter. pre-
senting himself for registration, is COM
PEELED to take. - ~ s
What number of the people of the ten
States are prescribed and DISTINGUISHED by
the words, ''or given aid and comfort
thereto" may become very grave ques-
ton in executing this law. Who shall de-
termine? Congress, the power that makes
the law, reserves a veto on the action of
each State. It's will makes, and then in
terprets the law. Such action, therefore,
as was originally suggested in the COM
munications, above referred to, is no long
er practicable, leaving out of view the
question of its wisdom and policy.
Is it the true interest of Mississippi, actI
ing in her sovereign capacity, to accept the
terms of this bill as "the best that can be
obtained" admitted, as it is, to be in pal
pable violation of the Constitution? Is
there no redress against the usurpations
of the legislative department of the Gov
eminent directed against the States, or
the citizens thereof? And, ifthis be so, is
1t the interest of Mississippi, and her COS
States, embraced in the bill, abandoning
every principle once regarded dear, eager
" to seek admission to a government ac-
knoWleded to be without Constitution,
and without judiciary whose decisions
can command respect?
The 3rd section of the original bill pro-
vides that the officer in command of Dis
trict, ''shall punish, or cause to be pun
ished, all disturbers of the peace, and GRIM
inals; and to this end, he may Gllow local
civil tribunals to take jurisdiction of, and
try offenders; or, when in has judgment, it
may be necessary for the trial of offenders,
he shall haze polcer to organize military
commissions or tribunals for that pur-
pose."
Under this most extraordinary power,
thusconferred, on single person, the of
ficer in command may arrest any citizen,
and have him tried before a military COM
mission. He may supercede the Federal
Courts, as well as the State Courts, in the
trial of crimes of every character, grade
and description; and without any other
restraint than his own will, try, convict
and punish all offenders, with the single
exception that In the case of the death
penalty it must be approved by the Pre-
sident.
The section of the bill under consider
alton deprives the people of ten States of
the inestimable privilege of the trial by
jury" and of the privilege of having their
offences defined by bills Of Indictment
ClbuCE Ill tllc Il GuCIdl Ct1bC $tOu1 tos
Section End, article 3fd, of the Constltu-
ton of the United States, provides that, |
6 the trial of all offences, except inicases
of impeachment shall be by jury, and such, 1
trial aIaau ho hold in tho Gtntc where the
said crimes shall have been committed"
Again. Section 9th, article LIST, of the
Constitution of the United States, declares
that, 8 the privilege of the witt of habeas
corpus, shall not be suspended. unless when
in case of rebellion or invasion, the public |
safety may require it." -
The i3rd Sec. of the military bill under |
violates both these cOnsti-
tutional guarantees; notwithstanding the |
statement of r esidentJO ohm
son, in his admirable veto message, that |
there Is not, now, asingle man on the con-
tinent in arms against the governments.
Objectionable as is the section of the |
military bill uuder consideration, it is not /
more SO than the 9TH section: This claims
for. Congress the power TO determine who
shall ard who shall not be- voters in q
State and provides.
That when a constitution shall have
been adopted Thy those licensed to vote,) |
ana shall have been submitted 70 Congress |
Tor erafesnatipn and approval, and Congress
snail nave approved the same and Wnen |
said State, by a vote sof its Legislature
elected under skid Constitution, shall have
adopted the amendment to the COnstitu- |
ion OF the United States, proposed by tne 1
thirty ninth Congress, and known as ar
,icle II, and when said article shall have |
become a part of the Constitution or the Il
United States, said State shall become en-
titled TO representations Congress, &c.
The fifth article az the Constitution OF |