The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1869-05-27

Delivered at Apollo Hall,
Mas. April 30. 1850.
ISSUES OF The DAT AND THE DUTIES OF THE
PEOPLE.

:
L blage of as much beauty and brillIancy, as
! that before him. His only regret was that
the topics on which he was to speak, were so
involved and intricate, that he must Zeal
j with dry statements and cold reasoning
carefully avoiding suggestions of sentiment
and imagination, as unwelcome intruders.
| The presence of these fair ladies indicated
that they too, are penetrated with realiza-
ton of the serious issues that environ US -
Certain, am |, he said, that their being here.
will insure absolute propriety and decorum
to the occasion.
Mr. Simrall thus proceeded:
HISTORY OF RECONSTRUCTION.
To prepare the way for discussion of
the duties pressing upon us at the present. 1t
NAV be profitable to recur for moment to
| the past. The decade just expiring has been
| crowded with events of great moment
/ The cessation of hostilities In the spring OF
! 1865. left the State in an anomalous condi-
! ton. As the result of military acts, there
| were neither Governor. Legislatures Judges,
| nor County Magistracy. There remained,
| however, people, body OF laws, STATE
| but the State was lifeless, inanimate. With
out fuuctionaries, or civil power, it could
exert no authority either TO project, or pun
! ish.
President johnson declined to recognize
any civil authority as existing, or to hold
Communication with any persons claiming
| to speak in its behalf. When the military
power was stricken down, the civil power
| fell also. This brief recitation of facts de-
scribes the condition accurately as it was
There was, and SO long as things so continu-
| ed, could be, no practical relations OF the
State with the Union. There being no Leg
| islature, Senators to Congress could not be
elected; there being no officers TO conduct
| the elections, Representatives could not be
| chosen The points of contact and political
connection with the General Government,
were sundered. The thing to be done was
| to yiVify. to re-animate the state. Inc
President Of the United States undertook to
| do this, by appointing PROVISIONAL Gov
ernor clothed with Instructions to admins
ter civil authority, and to initiate dc moro, a
State Government, by calling Convention,
| changing the Constitution, and under 1t, in
| Quoting TO office, State officials. Inns was
| done in the summer and fall OF 1860.
| When Congress meet in December OF that
year it refused to treat as valid these pro-
ceedingS. Senators and Representatives
! were not admitted to their seats. n contro-
versy had arisen between the Executive and
| Congress. The President claiming that he
had warrant of right for what he had done;
| Congress insisting that it pertalned TO the
| legislative department, to provide the mode
of restoration. Congress triumphed over
the President, and passed what are known
as the reconstruction acts OF March 2, 1867,
and its supplements; under which Georgia,
North and South Carolina, Alabama, Florida,
Louisiana and Arkansas, have been reor-
ganized; and under which virginia, Texas
and Mississippi, will be shortly brought In.
If Congress had accepted the action of the
State in 1863 had under the direction OF the
| President. there could have been no serious
question made. as to the manner of 1t. In
| deed had the people spontaneously, without
| suggestion or interference, either by the
| President or Congress, met by delegates In
| Convention, and set up a State Government.
and the Congress had admitted Senators and
| Representatives-there would have been
| complete restoration. The subsequent rat
| fication of such proceeding, would have
been as perfect and effectuaI, as prior law
| ofCongress directing it to be done. As
professional man, am as free to say here. as
| / have said in the courts, that the argument
! in favor of the power OF the legislative de-
| pa rtment of the Government; TO restore the
State to federal relations in the Union, is
stronger than that such power belongs to
| the Executive.
| At the close of the war, President John
| son and Congress agreed in opinion, that
there was no legal government existing In
Mississippi and further agreed that the in
| itiatory steps for the formation of the State
| Government must originate with the federal
authority. The only difference was that
| the President maintained that it belonged to
him, and Congress claimed that it belonged
| to the law making department.
! Essentially there was no difference in pria-
| chile. Each assumed that it had the right to
prescribe terms and conditions. Each
| claimed that it had a right TO interfere with
the elective franchise, and define who as
electors, should take part i'll the work OF re-
| organization.
Two wears have passed since the date of
| the reconstruction laws; the State is not yet
restored. Several causes have conspired to
| this postponement Our people, with great
unanimity, went into the Convention of 50,
| fully believing that they were meeting all
| the requirements that the Federal Govern
| ment made of them. Then, it was not known
| here that there was sciSm, a disagreement
| between the Executive and Congress; and
| that Congress would not approve the acts
/ ofthe President. DisappointmentS contrib
! uted to the popular dissatisfaction. The
\ idea to some extent entered many
1 minds, that it mattered not what was done,
| no end would come to the complication
1t was also suggested by able legal gentle
| men, tn at these laws were unconstitutional
and that the Supreme Court of the
\ United States would so pronounce. Atten-
| ton was directed to a mode of escape from
| them Trusting to this eXpedient, a very
| large majority of the whites altogether re-
| Trained from participating in the election of
delegates to the Convention; many perhaps
who would have done so, failed to register as
voters
The Presidential election of last fall was
waited for too, to furnish either popular
approval, or condemnation of the congress
sienal plan of reconstruction. Those who
| placed their hopes in the Federal judiciary,
| or in the Presidential election, have had no
| realization. In the georgia case, anu III TIE
Mississippi case-cases. framed for the very
purpose of testing these laws-the supreme
| Court of the United States refused to inter-
pose for the want of jurisdiction.
| The important fact should not be over
| looked in this connection, that these Recon-
struction laws are self-executing; or rather
! that the machinery for carrying them into
\ execution is provided in and through the
/ military government. The Commanding
| General, through his subordinates, makes
! FL. 81 Of and ponHncfS IhR
elections; and whilst the majority of our
| people, with more or less confidence, were
| trusting to the means l have referred to, to
! escape reconstruction elections were held
/ tor and against Convention, and for dele
gates thereto; and the Convention was ac-
| tually in session, framing Constitution.
The world over, a delegated body will re-
| fleet the sentiments of its leading and con-
trolling spirits. If the body does not rep
| resent the collective opinions and wishes of
the people, it is because the people have not
sent up representatives of themselves. The
Constitution made by the late Convention,
was voted down, because it transcribed the
wishes and views of those qualified to vote
| on its ratification.
When the question was put to the vote
ratification or not-0ur entire people were
brought to realize the full import of the sit
uation. Tremendous Interests were felt in
the issue. No man suggested that this, that
or the other expedient, would even SO much
as procrastinate, or delay. The vote must
come, and would decide everything. In my
| day no election half so important has been
held. The people at the last moment were
aroused, made n tremendous effort, and sue
/ cceded.
believe that it is now pretty generally
conceded On all hands, that it! would have
been q safer. and wiser course to have con-
trolled the subject in 1867, rs could then
have been done.
AFFAIRS AT WASHINGTON.
Alter the defeat of the Constitution, a
large delegation from the members Of the
| Convention and others went to Washington.
and represented to Congress that the Inn