Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-04-09
Largest CIreaIatI0n in Clty and state.
THE PETITION on MISSISSIPPI
The Supreme COurt Called Upon 10
stay the Execution of the Recon-

The Supreme COurt Called Upon 10
stay the Execution Of the Recon-
sfruetfOn Act. W ffff HEE
WASHINGTON, April 4, 1867.-The fol-
lowing is copy Of the petition Of Cover
nor Sharkey, Of Mississippi. and Robert j.
Walker, 70 be presented tomorrow 10 the
Supreme Court:
70 The Supreme Court Of The United States:
The bill Of complaint Of the Stale 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
thereto, against Andrew johnson, a citi-
zen Of the State of Tennessee, and Presi-
dent of the United States, and, alsO, against
General Il. o. G. Ord, citizen of the State
Of Maryland, who has been appointed by
the said Andrew johnson, IS hereinafter
stated Humbly complaining, the said
State Of Mississippi would respectfully
show to this Honorable Court that her ter
ritory was composed of a portion of the
territory or domain comprised within the
former limits of the State of Georgia, and
BY an irrevocable compact between that
State and the United States on the 18th
VI ANllls love- AtltlA Holh Aotl paw " % AAfA1S
on certain conditions, which were unal-
terable; among which was the provision
that said territory should become and for
ever remain State Of the American Union,
on the same footing as the original States
in all respects whatsoever; another Of these
provisions extended 90 said territory, and
TO said new State when admitted, all the
terms Of the ordinance Of the 18th Of July,
1877, except as to slavery; that said Ordi-
nance was based upon and ratified as acom-
pact with the State Of Virginia, by which
certain States were to be admitted and for
ever remain States Of the American Union,
on an equal footing with the original
States in all respects whatsoever. BY said
compact of 1902, all these terms and con-
ditions, as we'll of the compact Of 1902 az
Of said ordinance Of 1887, which were un-
aterable, were declared TO be binding and
a part of the compact OF 1902, contained
the provisions that "the inhabitants Of
said territory shall always be entitled to
the benefits Of the writ of hdJeds corpus and
of a trial by jury !" mo man shall be de-
Drived 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. And this was the
compact between the United States and
Mississippi. Has il been kept? BY act
of Congress Of lst 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 Mis-
sissippi territory 10 form a constitution and
State government and for the admission of
such State into the Union upon the same
footing with the original States in all re-
spects whatsoever. BY this act the consti-
tuition of the proposed State was required
TO conform to said compact of 1902 and
said ordinance of 1897, except as afore-
said and the said provisions were declared
/ to be irreyocable" without the consent of
the United States. In pursuance of these
acts, ordinances and compacts, the people
of said territory of Mississippi, on the 18th
OF August, 1917, adopted State consiitu-
ton, with an ordinance thereto attached
and made a part thereof, and declared TO
be irrevOcable without the consent Of the
United States" Onthe 10th Of December
1877, Congress, by a joint resolution, adj
mitted said State into the Union, upon the
terms and conditions before stated, aud
especially reafiirming the ordinance Of
1887 in its application TO said State. That
ordinance, as we have before seen, provided
for the admission Of States which were for
ever 10 remain States of the American
Union, and was fundamental and Gun
alterable." Ii was thus, besides the gen
eral provisions of the Federal constitution,
that Mississippi became State of the
Union, under compact with Georgia, Nir-
GINA, and said State of Mississippi, and all
Of which were "irrevocable" and "unal-
terable," either by said State or by the
United States. IL is respectfully submitted
that, independent of these special COM
pacts by the provisions Of the Federal con-
stitution, the State of Mississippi could by
no act Of hers withdraw from the Union,
nor could she be excluded therefrom by
Congress; and that all opposing acts Of said
State or Of Congress, being contrary to the
Federal constitution, which is the SUI
preme law Of the land" are null and void,
and in a proper case will be so declared by
this court.
In this case, however, besides the protec
ton Of the constitutional rights of State
here are compacts, Fundamental" SIRE
vocable' and "unalterable," securing for
ever to the State of Mississippi her right
rs ~ GthAG OF THIS AnlOIs DuIll EDUlDAtiN
and the rights acquired under them, we
believe this court will regard il as its duty
10 maintain and protect it in the same man
ner, at least as il would enforce between
individuals, by Injunction or otherwise, the
specific performances of contracts. The
said State Of Mississippi AYERS and charges
that, having been admitted as a State Of
the Union IN 1917, she has ever since con-
tinued 10 be so, and is 80 how that she has
4 State contitution, republican in form, and
a State government in complete and sue
cessiul operation under her constitution,
with all departments filled and admins
tered by proper functionaries, il as proper
and full a manner as any State in the Union.
and hence she Is entitled by the constitu
ton Of the United States, and by the cove
nants and compacts aforesaid, to be repaded
az a State Of the Union in all reipects. She
Acknowledges and claims that the constitn-
ton OF the United States is the supreme
Law Of the land, and when her constitution
al rights, or the covenants with Georgia
and Virginia are invaded, under the ordi-
nance of I1S7, she has a right to appeal to
this honorable tribunal, established, as il is,
by the constitution TO decide in the last re-
sort in all cases in whicha State IL party,
and tog give appropriate and adequate relief,
especially when, as in this case, there is
otherwise no remedy 10 prevent her utter
humiliation; and il there be no remedy
here, then Der condition is without redress,
and her most sacred right may be invaded
and her very existence destroyed.
The said State further shows and charges
that, having become member Of the
Union, as Aforesaid, in 1917, she surren-
dered certain rights to the United States
in consideration Of perpetual protection
under the constitution, with all her rights
and privileges as a Stale perpetnslly guar
anteed. and that forever after il was impos-
sible for her people, or for that State in its
corporate capacity, TO dissolve that connec-
ton with the other States, and any attempt
90 DO So by secession or otherwise, was a
nullity, which she has admitted, by en-