The New York herald., 1867-04-05


TO form constitution and State government and for the
admission OF such State into the Union upon the same
footing with the original States in all respects
the proposed Stale required conform said
pact Of 1s02 and said ordinance Of I7s7 except afor
''evocabls without the consent Of the United States
In pursuance OF these acts ordinances and pscts
the people OF said tsrtory Of Mississippi the l5tA Of
August, 1877 adopted State constitution with orii-
nance thereto attached and made part thereof and de-
clared 10 be 'revocabe without the consent Of the
gess by cnt resolution, admitted said State into the
Union upon the terms and conditions before stated and
pcation to sd siass Thai ordinance a. we have he
fore seon provided for the admission of States which
were Forever 70 states o. tas american uniop
federal sonssiiu,on, that Mississippi % became state
OF the Union, under compacts with Georgia. Virginia
and said State Of Mississippi and all OF which 'rre
vocaben and unaterabie" eitaer by said State By
independent Of these special compacs by the provisions
Of the federal constitution the State ei Mississippi could
she be excluded therefrom by Congress- and tha, all
opposing acts OF said State OF Congress- being
ay 70 law sno q shs a0 nom wnca % ,o nS sa
proper case We believe will be 30 declared by this
court. A
In this case however, besides the protec-
tion Of the constitutional rights Of state
here compzcts, Fundamental" irrcvocabien
and "unalterabls'' securing forever TO the State
Of Mississippi her rights STATE of this Union Such
compacts and the rights acquired under them, we be-
eve this viii regard duty maintain and
protect in the same manner at east as it would
between Individuals by injunction or otherwise, The
specific performance Of contracts The said State OF
Mississippi avers and charges that having been admit
ted State of the Union in 1877 she has ever since
continued to be and Is SO now that she has state
constitution, republican IN form, and State government
in complete and successful operation under her consn-
ton, with all it's departments ed and administered by
any State In the Union ana hence she is entitled by the
constitution of the United States and by the covenants
the Union in ali respects She and claims
that the constitution Of the United States s the
law of the land, and when her constitutional rights Or
the covenants with Georgia and Virginia, invaded,
under the ordinance OF 1897 she has right TO appeal TO
this honorable tribunal established It is, by the
stituton 70 decide in the last resort in all cases In which
a State is party, and TO give appropriate and ade
quae relief especially when, as in this case there is
otherwise remedy prevent her annhilaton;
and If there remedy here then her condition is
without redress and her most sacred right may be in
vaded and her very existence destroyed.
State further shows and charges that having
become member of the Union as aforesaid, In 1917,
she surrendered certain rights 10 the United States in
consideration OF perpetual protection under the consti
tuon with all her rights and privileges State
peualy guaranteed and that forever after was impos
sble for her people, for the State in its corporate
pacity dissolve that connection with the other States
and any attempt to do by secession or otherwise,
was nulity which she has admitted by engrafting IN
amended constitution solemn declaration the
pretended ordinance OF secession adopted by portion
Of her people was absolutely null and void and she now
most solemnly that her connection with the
federal government was not In any wise thereby
destroyed or impaired And she moreover AYERS and
charges that the Congress Of the United states cannot
constutionaly expe her from the unon and that any
attempt which practically does il nuIly; and she
charges and that there is provision in the
constitution Of the United States which subjects
State to any palms, penalties forfetures
to withdraw her from the Union ali powers punish
State by expulsion otherwise, for any canse, having
been expressly refused in the convention which framed
lost Of their political rights nor incurred any
penalties except what might be inflicted on them as
fn1fx dnolo tv anil In hv in
having Jurisdiction Of their offences and that dis
abilities attempted TO be imposed upon upon her
persons void and violations Of the constitution OF
the United states well Of the compact with Geor
admits that BY the wrongful Of part Of her citizens
and the neglect Of the federal authorities TO protect the
ID rsfersncs to iss relations With sSe federal govern
mcn but she claims that this evil has been corrected
the proper manner by the people Of the State
United states and the apparent sanction Of the public
ssnmen. q the whole country. people Of the State as
government republican in FORM and in practice and
she has boom reccgnzsd s state BY various acts Of
and, as = she believes, i By this court Even
if any Of these acts were irregular which is not
sa,sS % when the people . q q, Mississippi sd 50
the STATE and above the control Of the President
Congress 20 far as their State constitution was
concerned, aud neither could impart power to the
people or do more than aid them, since II is a
fundamental principle "that governments instituted
OF the governedn The people assembled voluntarily
and not by compnlsion Of the President copy Of tho
The rsd State further AYERS that she has exhibited her
good faith and adhesion TO the constitution or the United
States by eecng Senators and Representatives 70 Con
gress, Of right and duty she bound to do; but
her Senators and Representatives. have been
and are wrongtully excluded from their
ment Of the government and her people have |
been compelled pay the taxes and bear the burdens of
the government without representation. And
panant charges that the exclusion Senators
and Representatives and after the exclusion OF the
senators and OF nine other states all or
most or whom applied for admission but rejected.
the representatives Of twenty six States have assembled
at the seat Of the federal government and egatng
which Is the special object or complaint entitled
"An TO provide FOR the efficient government OF
and act entitled can act supplementary to an en-
titled act 70 provide for the efficient government
both prayed 70 be taken as part Of this bill The title
Of these bills admits that they States,
and yss e, s . assumed 70 establish
pretext set out in the preamble that legal State gov
ernments exist in the said State Of Mississippi and other
property which believed 70 be wholly erroneous since
the people Of Mississippi, the only from which
formed themselves govcrnmeu. fully adequate %
the protection Of life, liberty and properly This act
the state ana ~ Sy sssumies q,
the power 70 CONTROL modify and even abolish ~ gov
srnmsnt.in short % exert sovereign power over =.
quencs Of their execution. Thsy alss violsts well
known saiutsu principle In sovevnments The
observance Of which can alone preserve than, by
making the civil power subordinate 10 the military
power and thus establish military ruls over the States
enumerated in The act and make precedent By which
the government OF the United satssmay be converted
into military despossm, in which every may be
breath Of military commander the sentence o. the
military commission or tribunal without the benefit Of
trial by jury and without the observance any Of thoee
roqursments and guarantees BY which the constlH shs
ana laws % plainly protect and guard the ri sh,s pur
citizeneAndhe more effeetally 70 sus E
pose said acts divide the ten Southern ~ ps"~,aers
military districts and make the dutx x snd 10 place
svescssnt foyc" ura r Me, viii is 70 DO the law
and his soldiers that executes IT. Il declared
10 be his duty protect al persons their right Of per-
son and pro1ey suppress nsurrections disorder and
violence punish, cause 10 be punished all dis
turbers OF the peace and criminals and he may organise
military commissions and tribunals TO try Offenders when
he may think proper But by what rule or law DO 70