The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-04-12


moreover AYERS and charges that the
Congress of the United States cannot
constitutionally expel Ler from the
Union, and that any attempt which
practically does so is a nullity; and
she also charges and AYERS that there
is no provision in the constitution on
the United States which subjects her
as a State to any pains, penalties or
forfeiture as a consequence of such
void attempt of portion other peo-
pie to withdraw her from the Union,
all powers to punish a State, by expul-
sion or otherwise, for any cause, hav-
ing been expressly refused in the con
vention which framed the federal con-
stitution She AYERS that her citizens
lost none of their political rights, nor
incurred any penalties, except what
might be inflicted on theE1 as individ-
uals by due process of law. after trial
by jury, in courts having jurisdiction
of their offenses, and that disabilities
attempted to be imposed upon her or
upon her citizens, otherwise than as
aforesaid, by any body of persons,
are void, and violations of the COnsti-
tuition of the United States, as well as
of the compact with Georgia of 1902,
and with Virginia of 1877. The said
State admits that by the wrongful acts
of part of her citizens, and the neg
lect of the Federal authorities to pro
tect the loyal, her government be
came temporarily disOrganized in
reference to its relations with the
Federal Government, but she claims
that this evil has been corrected in the
proper manner by the people of the
State.
In concurrence with the view of the
President of the United States, and
the appai emit. sanction of the public
sentiment of the whole country, peO-
pie of the State assembled in conven-
ton and established for themselves n
government, republican in form, and
so in practice, and she has been recOg
nized as a State by various acts of
Congress, by the proclamation of the
President, and, as she believes, by this
court. Even if any of these acts were
irregular, which is not admitted, still,
when the people of Mississippi did so
assemble, it was an assemblage of the
highest power of the State, and above
the control of the President or Con
gress, 50 far as their State const tuition
was concerned, and neither could i'm
part power to the people or do more
than aid them, since it is a fundamen-
tai principle, ''that governments are
instituted among men, deriving their
Just powers from the consent of the
governed The people assembled
voluntarily, and not by cOmpulsion of
the President A copy of the original
and amended constitution is herewith
presented. The said State further
AYERS that she has exhibited her good
! faith and adhesion to the Constitution
| of the United States by electing Sena-
/ tors and Representatives to Congress,
as of right and duty she was bound to
! do; but her Senators and Representa-
tives have been and are wrongfullv
| excluded from their right to partici-
pate in the legislative department of
| the Government, and her people have
/ been compelled to pay the taxes and
/ bear the burdens of the Government
without representation And the com
plainant charges that, after the exclu-
sion of her Senators and Representa-
/ tives, and after the exclusion of the
Senators and Representatives of nine
other States, all or most of whom APP
piled for admission, but were rejected,
! the representatives of twpnty-six
/ States have assembled at the seat OF
! the Federal Government, and, legisla-
ting as the Congress of the United
/ States, have passed an act, which is
now the special object of complaint,
entitled can act to provide for the
more efficient government Of the rebel
/ States, which IS hereto annexed az
exhibit A, and an act entitled can act
supplementary to an act entitled an
act to provide for the more efficient
| government of the rebel States" here
| to annexed as exhibit B, and both
prayed to be taken as part of this
bill The title of these bills admits
that they are States, and vet power is
! assumed to establish governments for
them, and this assumption is founded
on the preteXt set out in the preamble,
| that no legal State governments exist in
the said State of Mississippi and other
! Southern States adequate to the pro
/ lection of life or property. which is be-
/ lieved to be wholly erroneous. since
| the people of Mississippi, the only
| source from which State government
/ can emanate, have, as before stated.
/ formed for themselves a government
l ELL al 20 ha q e
! liberty and property. This act and
the act supplementary thereto, annihi-
late the State and its government by
assuming for Congress the power to
control, modify and even abolish it's
governmental short, to exert SOW
ereign power over it; and the utter
destruction Of the State must be the
consequence of their execution. They
also violate a we'll known salutary
principle in governments, the Observ-
ance of which can alone preserve
them, by making the civil power sub
ordinate to the military power, and
thus establish a military rule over the
States enumerated in the act,and make
a precedent by which the Government
of the United States be converted into
military despotism, in which every
man may be deprived of his goods,
lands, liberty, and life by the breath
of a military commander or the sent
ence of the military commission or
tribunal, without the benefit of trial by
jury, and without the observance of
any of those requirements and guaran
tees by which the Constitution and
laws so plainly protect and guard the
rights of the citizen. And the more
effectually to accomplish this purpose,
said acts divide the ten Southern
States into five military districts, and
make it the duty of the President to
assign an officer to the command of
each, and to place a sufficient force I'M
der him, whose will is to be the law
and his soldiers the power that exc
eutes it 1t is declared to be his duty
to protect all persons in their right of
person and property. to suppress in
surrections, disorder and violence. and