The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1869-07-22

verest condemnation from a people who
have any regard for liberty.
such provision could only have been die
tated by determination to retain power
hence all who would give in their adhesion
TO the party and become its slaves-all who
could forfeit self-Iespect, as well as the re-
spect of their fellow-citizens-all who would
forfeit their integrity and their freedom,
were exempt from the operation of this
proscriptive article.
But If this broad proscriptive provision,
| by which so many of our citizens are made
ineligible to Office. could find any justifica-
ton in principle, the ruinous and dangerous
consequences of such policy,in such pop
ulation as we have, should not, could not,
have been overlooked by those who passed it,
They ought TO have known that they were
but sowing the seeds of strife-of discord-of
bloodshed. These have been the results of a
proscriptive policy in all ages, or history is
false. No one can doubt that such results
would follow such policy in a population
composed 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 per-
haps that difficulty was foreseen as we find
in the same constitution, a provision for a
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
tcould be inflicted on a people, who would be
sure to become the victims of a remorseless
lawlesi soldierY.
If However, this proscriptive provision
was intended as a punishment, it is equally
odious Retrospective punishment, or the
punishment ofmen for past aets,is condemn
ed throughout the civilized world; it is per-
fectE shocking to the sense of every en-
liglrened people, and especially odious to
Americans.
There is another remarkable provision in
thii constitution, which to my mind, is 4
dirct invasion of the sacred right Oftrial by
jur, and therefore, should excite alarm. 1t
is in the form of a command to the Legisla-
tur to provide for the indictment and trial
of PERSONS charged with felony in any coun-
ty n the State, other than the county in
with the offence was committed. when
from any cause an impartial grand or petet
jury cannot be empannelled in the county
whee the offence was committed. 1t is left
HlIllIuc Legislature PlcdSuTc W udNC a
citizn dragged from one end OF the State to
the oher, to be tried by strangers, remote
fromhis neighbors, his friends and his wit
nesse. This is to give any one county juris-
dictim of all the crimes committed in the
Stateand it may be readily seen what power,
what persecution, a partizan Legislature
might exist. This is not the trial by jury.
From time immemorial il has been an es-
sential part of the right of trial by jury,
that the jurors should be taken from the
county or vicinage within which the Offense
was committed; and l venture to say this
is the first instance of departure from the
rule, certainly the first in American juris-
prudence. a memorable instance should
have admonished the convention, that it was
| invading the sanctuary of American Lib
erty. If they had read the Declaration of
Independence they would have learned that
one of the charges of oppression made by
our fathers against the King of England
was, ''for transporting us beyond the seas to
be tried for pretended offences"
To transport a 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 a startling provision; it
has 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 meditated, or, judging the in
strument from its whole tenor, that party
supremacy entered into the calculation.
In forming an estimate of the merits and
dement's of the ultra Radical party, we can
not overlook its systematic and persevering
efforts to induce Congress to force this con-
stitution upon the people after it had been
rejected by a majority of seven thousand
votes, by means the most discreditable and
INSCRIPTIONS. The party seemed to be de-
termined to get into place and power, re-
gardless alike of the peoples will and of
the means by which its purpose could be ac-
complished.
Nor can we overlook another important
fact: The convention was in session over
four month to complete work which with
the many models of constitutions before it,
could have been far better done in ten or
twenty days. And this session was pro-
longed at an expense, regulated by itself, of
ten dollars day for each member, besides
other contingent expenses, thus costing the
State, in round numbers, two hundred and
thirteen thousand dollars, to be paid by a
tax on people already oppressed with pow
erty and the burdens of government. 1t
would require great credulity to resist the
conclusion that the session was prolonged
as money making job.
| This is brief sketch from the record of
one party. The authors of the proposed
constitution and the men who attempted to
fasten it on the State after its rejection, are
! its leaders. Can the patriotic people of Mis-
sissippi unite with and sustain such party
| by their votes? This is the question pre-
sented for their determination. That the
party may have somewhat moderated in its
pretensions may be true, yet it must be re-
membered it did not do so until defeated in
its purpose of forcing the constitution on the
people. Its present professions, therefore,
cannot be trusted; place it in power it will
be emboldened by the force and countenance
of majority, again to PIT in practice its
hvorite theory.
The other panty known as Conservative
Republicans has made no record as an Or
ganization in power, but still we have some
evidences by which to judge it. Its platform
of principles, although in some respects II
may be Objectionable to many of US, has an
advantage over the platform of the other
party. 1t has more of the spirit of justice
and liberality, and viii add, of true patri-
otism. But admitting that this is not OF
itself safe criterion, still it stands fortified