American citizen. [volume] (Canton, Miss.) 1864-1890, 1869-07-24


ages, OF history is false. No one can
doubt that such results would follow
such policy i'll d population com
posed OF distinct races, one of which
has been but recently emancipated,
when that which has been regarded
as the inferior, is placed in position
of superiority. But perhaps that
difficulty was fOreSeen, as we find
in the same constitution a provision
for % complete organization of the
militia, and for calling it into service
at any time. This would be an evil
quite as great as any that could be
inflicted on people who would be
sure to become the victims of re-
morseless soldiery.
If, however, this proscriptive pro
vision was intended as punishment,
it is equally odious. Retrospective
punishment, or the punishment of
men for past acts, is condemned
throughout the civilized world it is
perfectly shocking to the sense of
every enlightened people, and espe-
cially Odious to Americans.
There is another remarkable pro-
vision in this constitution, which, to
my mind, is direct invasion of the
sacred right of trial by jury, and,
therefore, should excite alarm. 1t is
in the form of command to the Le-
gislature to provide for the indict-
ment and trial of persons charged
with felony i'll any county in the
State, other than the county in which
the offence was committed, when
from any cause an impartial grand
or petit jury cannot be empannelled
i'll the county where the offence was
committed. 1t is left with the Leg
islature at pleasure to have citizen
dragged from one end of the State
to the other, to be tried by strangers,
remote from his neighbOrs, his friends
and his witnesses. This is to give
any one county jurisdiction of all the
crimes committed in the State, and
it may be readily seen, what power,
what persecution, partizan Legis-
'lature might exist. This is not the
trial by jury.
From time immemOrial it has been
an essential part of the right of trial
by jury, that the jurors should be ta-
ken from the county or vicinage with
i'll which the offence was committed
and l venture to say this is the first
instance of a departure from the rule,
certainly the first in American iuriS-
prudence. A memorable instance
should have admonished the conven-
ton, that it was invading the sane
tuary of American Liberty. If they
had read the Declaration of Inde-
pendencc they would have learned
that one of the charges OF oppression
made by our fathers against the Hing
of England WAS, :. for transporting
lis beyond the seas to be tried for
pretended offences"
To transport IA citizen from one
end Of the State to the other is quite
as bad, and no doubt it would often
be done for pretended offences,
Matched in malice and nourished by
perjury.
This is really startling provision;
it has q most decided party aspect.
Some of the darkest SPOTS in English
history were placed there by servile
partIZan juries who were subservient
to their masters will. Perhaps this
provision carried out might be the
cause of similar blotS on the history
of Mississippi /; and as the evils are
so apparent it is difficult to resist the
conclusion that mischief was medi-
tated, or, Judging the instrument
from its whole tenor, that party su-
premacy entered into the calculation.
In forming an estimate of the mel
its and dement's Of the ultra Radical
party, we cannot overlook its system.
attic and persevering efforts to induce
f Congress to force this constitution
, upon the people after it had been
rejected by Il majority of seven thou
, sand votes, by means the most dis
, creditable and unscrupulous. The
!, party seemed to be determined tC
D get into place and power, regardless
alike of the peoples will and of the
+ means by which its purpose could bt
. accomplished.
: Nor can we overlook another i'm
4 portant fact: The convention was il
+ session over four months to complete
| u work which with the many model!
f of constitutions before it, could have
a been far better done in ten or twenty
d days. And this session was pro
t longed at an expense, regulated b.
n itself, of ten dollars a day Tor eacl
t. member, besides other contingen
e expenses, thus coshlg the State, il
IS round numbers, two hundred an,
If thirteen thousand dollars, to be pai'
3 by tax OH n people already Cypress
1, ed with poverty and the burdens Q
d government. 1t would require grea
credulity to resist the conclusion tha
4 the session was prolonged as none
4 making job.
le This is brief sketch from tile II
Il, cord of one party. The authors c
C. the proposed constitution and til
81 men who attempted to fasten 1T o
II the State after its rejection, are il
he leaders. Can the patriotic people {
m Mississippi unite with and suStai
III such party by their votes TIL
De is the question presented for the
B.? determination. That the party ma
Mt have somewhat moderated in il
IN pretensions may be true, yet it mus
1c be remembered it did not do so III
to til defeated in its purpose of torcin
III the constitution on the people. II
rd present professions, therefore, ca
not be trusted F.; place it i'll power
We will be emboldcned by the force an
to countenance of II majority, again
Id put in practice its favorite theory.
tv The.othcr party known as Consc
Id vative Republicans has made no /
re- cord as an organization i'll powr
no but still we have some evidences |
,ir which to Judge it. Its platform
,e principles, althous III in some respec
it may be Objectionable to many
% us, has an advantage over the pa
it form of the other party. 1t has mo
:e, of the spirit Of justice ard liberalit
eli and | will add, of true patriotisl
IN But admitting that this is not of
, q self n safe criterion, still it stan