The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1868-07-04

In this connection, l will briefly remark
that, my associate and myself hninS, T.
UICcS VI U1.U D. Ir,ls- Looted ana quaIlIeu,
we sat as Court of competent authority,
having full and complete jurisdiction over
the whole subject matter of the case then
before us. The parties in the case were CIT
IZENS-WHlTEC ITIZENS-neither soldiers
nor freed persons and in my humble opln-
ion there was not the slightest necessity,
upon any ground whatever, for the inter
position of any military power.
With reference to the statements contain
ed in the communication from the Com
mander of this Post as to ''Out8ide eUidence8 Of
unusual excitement Orer the case, as nell as the
threatening demonstrations and language made
and used By citizens Of JACKSON" / will simply
remark that from my own observation of
the matter, after it was brought under my
notice, the judicial examination and every
thing connected Herewith, was proceeding
quietly and deliberately, without any undue
excitement whatever, and strictly according
to the rules of law
/ make this statement of facts to you,
General, for the purpose of indicating the
course L have taken, as also to declare my
most solemn protest against the action taken
by military authority in this community to
subVert and paralyze the magiSterial office
have never yet understood how the civil
authority, in time of peace, can be legally
and cOnstitutiOnally subOrdinated to that
of the military; but on the contrary / have
learned that the military arm was, even now
at this very time-in our midst, for the
express purpose of aiding and assisting the
civil authorities in the due administration
of the law. ..
cannot consent TO occupy position to
which have been elected by the suffrages
of my fellow citizens, wherein / can no
longer exercise freely and untrammelled the
lawful functions thereof
l must in justice to the people who have
given me trust to fulfill notify them at
once that superior power interposes to
prevent the proper fulfllment of that trust
on my part, and advise them at once of my
REIMBURSEMENT thereof.
In word, L am not nor ever can be- will
ing to be regarded as one who holds an office
with the semblance of authority, but who is
nevertheless 81 IcothaiIIod To DO uttorly
unable to exercise the duties or maintain
the dignity of that Office will not retain
a position one moment after 1T becomes that
which is nothing more than a ''figure-head''
"a mere cipher-a shadow of authority
without the substance of legal power-my
oath of Office forbids me. And now, in the
name of my faithful colleague and of myself
on this day-the national sabbath-in the
very noon-tide of the 'vilization of the
world declare again my solemn protest
against this interference with the constitu-
tional rights of the citizens of the United
States.
In apologizing for the extended communi-
cation, beg to state, that have not in
tended therein the slightest discourtesy, but
have merely obeyed an impulse to perform
what have conceived to be, public duty :;
and desire at the same time, to express the
high consideration and the sentiments of
respect with which remain, General,
Your very obedient servant.
GEO. A. SMYTHE.