The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-04-08
The Petition of MissiSsippi-The SUI
prcme Court Called Upon to Stay
the Execution OF the Eeconstruc-

WASHINGTON, April 4, 1867.

lion Act.
WASHINGTON, April 4, 1867.
The following is copy of the petition of
Governor Sharkey, of Mississippi, and
Robert J. Walker, to be presented to-mor-
TOW to the Supreme Court:
10 tie Supreme Court Of The United States:
The bill Of complaint of the State of
Mississippi in behalf of herself and such
other States as may be interested in the
premises, who shall, by consent of the
court, properly make themselves parties
hereto, against Andrew Johnson, a citizen
OF the State of Tennessee and President of
the United States, and also against Gene.
lal L. 0. c. Ord, a citizen OF the State OF
Maryland, who has been appointed by the
said Andrew Johnson, as hereinafter
stated. Humbly complaining, the said
State of Mississippi would respectfully
show to this honorable court that her ter
ritory was composed Of portion Of the
territory or domain comprised within the
former limits of the State Of Georgia, and
10y an irrevOcable compact between that
State and the United States ceded to the
United States on the oath of April,
1902 that said compact was made on
certain conditions, which were unalter-
able; among which was the provision
that said territory should become and
fOreter remain a State of the Ameri-
can Union, on the same footing as the
original States in all respects whatsoever;
another of these provisions extended to
said territory, and to said new State when
admitted, all the terms of the ordinance OF
the 18th July, 1877, except as to slavery j.;
that said ordinance was based upon anu
ratified as compact with the State OF
virginia, bv which certain States were TO
be admitted and forever remain States oi
the American Union on an equal footing
with the original States in all respects
Whatsoever. By said compact OF leoz all
these terms and conditions, as well OF the
10000, of 1902 as of said ordinance OF
49, ybicb were unalterable, were de-
ciare5 70 be binding, and part of the
,,.nt of 1902 contained the provisions
80, g the inhabitants of said territory shall
alwavs be entitled to the benefits of the
writ of hdbeas corpus and of trial by
iury :" "no man shall be deprived of his
liberty or property but by his peers and
the law of the land" The said territory and
States which may be formed therein shall
forever remain part of this confederacy
Aud this was the compact between the
United States and Mississippi. Has it been
kept? By act of Congress of 1st OF
March, 1917, passed in pursuance Of
said compact of 1902 and the ordinance OF
1887, authority was given to the people OF
the western part of Mississippi territory
to form a constitution aud State govern.
ment, and for the admission of such State
into the Union upon the same footing witt
the original States in all respects whatso
ever. By this act the constitution of the
proposed State was required to conform tc
said compact of 1902 and said ordinance OF
1881, except as aforesaid; and the said
provisions were declared to be "irreyoca-
BILE" without the consent of the United
States. In pursuance of these acts, ordi-
nance>, aud compacts, the people of said
territory of Mississippi, on the 18th of Au.
gust, 1917, adopted a State constitution
with an ordinance thereto attached, and
made part thereof, and declared to be
irrevocable without the consent of the
United States" On the 10th Of December
1917, Congress, by a joint resolution, ad.
mitted said State into the Union upon the
terms and conditions before stated, and
especially reatlirming the ordinance OF
1877 in its application to said State.
That ordinance, as we have before
seen, provided for the admission of States
which were forever to remain States
oil the American Union, and was made
fundamental" and unalterable." II
was mus, besides the general provisions OF
tue Federal Constitution, that Mississippi
became a State of the Union, under COM
ps'sswilh Georgia, Virginia, and said State
VI mississippi, and all of which were air
tosoS S aud "unalterable" either by
sA'u o,a.e or by the United States. II il
t9spee'uiiy submitted that, independent
% % ' me- special compacts, by the provisions
OF the Federal CONSTITUTION ,Ia o o
mississippi could by no ac, % o.a'e OF
aiss ron Tue Union, nor could She 10 , sx-
am aea lnereirom by Congress and ,ba,
opposing acts of said State or of e.,
e'e oo'hg contrary 10 the Federal O..
S"tu,ioh' winch is the supreme law &c ~,
land, are null and void, aud in = ,, =. 'ii'
case We believe will be 50 declared T., 81;
court.
. In this case, however, besides the pro
lection of the constitutional rights of
State, here arc compacts, fundamental,
irreyocable," and unalterable," Sc
curing forever to the State of Mississippi
her rights as State of this Union. Sucl