davidaulloa/AmericanStories huggingface dataset:
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18

rule Of the Courts--and hence the pre-.
sumption, always, is, that law is consti-
eutional.
The Constitution was resubmitted to
the people of the State at an election
held on the 30th day of November, 1869,
under the proclamation of the President,
authorized by special Act of Congress,
approved April 10, 1869, and was rati-
fed. This vote of ratification made it a
Constitution. The Presidents proclama-
ton declares that ''It is understood that
sections to Is, inclusive, under the
head of ordinance, are considered as form
inc no part of said Constitution. Not be-
ing part of the Constitution, they were
not submitted to the vote of the people,
and hence it may be repeated that If they
ever operated at all, they onl y operated as
law.
The Constitution being once ratified,
the next step was to organize government
under it-and accordingly the 9th
section of the special Act of Congress
provided for the assembling Of the
Legislature on the fourth Tuesday af-
ter the PRONUNCIATION by the Com
handing General of the result of the cleo
ton.
The Legislature thus brought to-
gether, of course, qualified and organized
under the Constitution, and so far as this
deDartment was concerned, the Consti-
tuition became operative. 1t is true that
the 18th section of the Act declares that
the proceedings should not be final or ope-
rative as a complete restoration of the
State until approved by Congress.
Whether thissword proceedings" had ex-
elusive reference to what is named in the
sixth section of the Act, or relates to eve
rything in relation to the ratification, or
ganization of the Legislature and the
ratification by that body Of the fifteenth
article named in the sixth section, it is
not necessary to inquire, as the approval
by Congress related back to the day the
Constitution was ratified by the people.
The Act of Congress clearly contemplated
the formation of q Legislature who
should ratify the fifteenth article before
the final action of Congress. When the
Legislature assembled there was either a
Constitution or no Constitution; if no
Constitution, then there was no Legisla-
ture, and no Legislature, then there
could be no ratification of the fifteenth
article. This is all remedied by the doc
trine of relation-which is, when an act
is done at one time, it operates as if done
at another time.
l have only alludedto this subject for
the purpose Of showing that the Legisla-
ture, in the enacment of the election laws,
intended to be governed as nearly as pos
sible by the spirit of the Constitution re-
uIIirinO biennial elections
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18
Important decision Touching the
Eclectic "a Controversy.

In the case of the Wick 5lrg & Nash
vile Railroad Company against Auditor
Musgrove, to compel the levy of tax
against Calhoun County to pay sub
scription for the benefit of said road,
made January Sd, 1870, in the Kinds
County Circuit Court, at the present
term, Judge Brown has decided that the
subscription was valid, on the ground
that no part of the State Constitution
took effect until the 23d of February,
1870. This decision sustains the position
taken by Governor Powers that the
election law of 1871 is unconstitutional
Messrs. Harris and George for the road,
Geo l.. Potter for the defendant.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18

Texas.

One by one, the Southern States, SAYS
the St. Louis Republican, as they are re-
leased from the iron embrace of the Re
publican party, swing away from it
some to Democracy, but the greater num-
Der to Conservatism. Texas is the latest
example. In 1869, e. j. Davis was
elected Governor by $500 votes to 8, $50
cast for Hamilton-Davis being support
ed by display of Z. S. muskets, which
decided the result Now the same Da-
Wis is beaten by the Democratic candi-
date, Coke, by majority of over 20,-
900, the whole Democratic State ticket
being elected, and Democratic majority
in the Legislature also. This probably
ends Radicalism in Texas, where it has
reigned SO despotically and 50 UNANIMOUSLY
for eight years.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18
The vicskburg Tisnes and 'Lex.A

The Vicksburg Times says that the
case of Arkansas, which the Supreme
Court of that State refused to take cogni-
zance of, is not applicable to the issue pre-
sented in Mississippi as 70 the legality OF
the November election. Referring to the
views of LEX" the Times says:
s.This is probably sound law; at all
events, we do not propose to take issue
with the Supreme Court of Arkansas,
hut we. nevertheless, feel disposed to sug-
pest that the decision referred to cannot
possibly have any bearing upon the ques-
ton growing out of the conflict between
our Constitution, which expressly pro-
yides for biennial elections, and our laws,
which render annual elections absolutely
necessary.
The matter under consideration by the
Arkansas Court was simply a contested
election, which the Legislature had I'M
doubted authority to settle, but IN Mlssls-
sippi no such question has arisen, for no
one denies that Senator Ames and his
ticket received the majority of votes at the
recent election-a majority of nearly 90
900. Senator Alcorn, his opponent, is not
contestant; he presents no claim to of
fee BY virtue of the votes which he re-
ceived; on the contrary, the Senator, as
well as every one of his supporters, will
readily concede the success of Ames and
his ticket, if legal election has been
| held.
In Arkansas the question was, which
of two claimants was entitled to the office
of Governor In Mississippi the ques
ton is not between contestants, but wheth
er or not there has been an election. II
there has not been an election, then Gov.
Powers has no more right to surrender
his Office to Senator Ames than he has tC
surrender it to any other citizen.
The Times says that the Mississippi
question is "was the election constitu
tional ?" and argues that it is one strictly
for judicial Interpretation.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18
10000 Out Of Employ.

The st. Louis Globes special CORES.
pondent at New York, under date OF 18th
instant says:
This year, owing to the panic and Wall
street stringency, the suspension of work
in manufactures and the general stagna-
ton in business, it is estimated that forty
thousand persons are out of employment
in this city. Many of these have families
dependent on them for support, and,
should the winter continue as vigorously
as it opened, they will undoubtedly suffer
beyond the expression of words, unless
help is extended to them. The Superin-
tendent of the Poor says he has had more
applications this year than ever before.
Among the poor of New York there are
six or eight thousand beggars and loafers
who decline to work under any circum-
stances.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18

Hon. j. L. Alcorn's bill in the U. s.
Senate provides for the construction OF
levees on the Mississippi river, and au.
thorizes the Chief Engineers of the army
to cause to be made, as soon as practical
bic, such explorations, surveys and draw
ings as may be necessary for the location.
design and execution ola complete sys-
tenn of levees for the reclamation of the
Mississippi between Cairo and the Balize.
The work Is to be let out to contractors
and executed under the superintendent
of the Secretary of War and Chief Engin-
eer of the Army.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18
TRE SURATT INFAEEY.
The Actors Attempting 10 Shift
the responsibility

Judge-Advocate-G General Holt publish.
es long reioinder to ex-President John
son. He says Mr.. johnson is guilty Of
gross perversion in his statement of what
occurred at their interview just previous
to the hanging of Mrs. Suratt 1t would
be seen by reference to Gen. Ekin's and
Gen. Muzzy's letters, that the statements
were expressed tby Mr.. johnson himself
that he now seeks to put into Hollis
mouth.
Mr.. Holt says: "While of course
assented then, as do now, to the gener-
al doctrine that sex is no excuse for trea-
son or other crime, the vehement presen-
tation of that view came from Mr.. John
son after reading the recommendation for
Communication, not from myself"
Mr.. Holt says that Mr.. Johnson's mo-
tive for the original fabrication of his cal
jimmy was toappease the Catholics, among
whom there was indignation at the execu-
ton of Mrs. Suratt, member of their
church. This smote DANGEROUSLY upon
his ears, knowing as he did the vast polit-
ical power of this religious sect, and there
fore he grew sore afraid. Mr.. Holt con-
Guides: 'FThe conduct of ex-President
Johnson, now so fully exposed, is truly
a humiliating event in our history. All
that | have suffered from that quarter
in the way of relentless aspersion for the
last eight years has come solely from the
fact that so far trusted to his honor as
he Chief Magistrate of the nation as to
hold with him confidential interview on
| matter of public business. Unhappy.
most unhappy for me that my official du-
y obliged me to do this. And now. as a
'olemn warning to those who are to come
lfter me, I leave this record of the unpar-
lleled treachery which followed"
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18
The National Convention of Col
Ored 3Een.

This body has adjourned after adopting
Civil Rights programme, embracing
the main features of the bill introduced
by Sumner in the U. S. Senate. As this
movement proposes to extend over the
whole Union, laws which are already
in force in Mississippi, We shall leave the
agitation Of the subject to other sections.
We do not propose TO take part in the
discussion.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18
HUNTER AND BJ.slRIEI

From che Sc. Louis Fcpu0
Capt. Charles Hunter, Who. w
wife and daughter, was u che IN
Havre, commanded a United States.
during the late civil war WhIrm
off the coast Of Spain he came Boo d.
the Confederate blockadc-ruuner l-.
and after a sharp chase succeeded u
hauling and capturing her. A com.
was forthwith entered by the ~pw.
erment on the ground that the i..
when captured, was in Spanish w
and the dismissal of Capt. IWtcrra
torily demanded. The United ~a.
luctantly complied with this dcma
Capt. Hunter was dismissed Irm
service for committing what, nt NJ.
worst, was only a blundcr not W.
When the war was oyer ho wl
unanimous vote Of Congress, rpiu.u'
the navy and his commission dated
to the date Of his dismissal thur .
the light in which his offence wa 4.
ed by the representatives Of the DIN.
had served too well.
If the United States, M the biII.
Spain, cashiers a gallant officer ior
an excess Of zeal which involved atr
breach international etiquette, cuu
not have afforded 10 demand of ~pa.
dismissal Of the general who "iuhun
and without due process oflaw, "HU
ed American citizens in cold blo0l'
Burriell holds his rank in the Splu
my.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18
Marshal Rnxnine,S Sentence

. Marshal Bazaine was found guilty OF
treason to France, in surrendering Metz,
and condemned to death, and degrade
ton from his rank previous to his execu-
ton. Although all the members of the
Court signed a recommendation for mer-
cy, and President Mcmahon committed
his sentence to twenty years seclusion,
the sentence of this brave old soldier was
a sacrifice on the altar of French pride,
and reflects more dishonor on the nation
than on the Marshal who has been vic
timized.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18
81. Louis Globe Fry Fund.

The Globe newspaper at st. Louis is
raising fund for the benefit of the fam
lily of the heroic Fry, the grandeur of
whose spirit in his dying moments has
given him an Immortality of fame. Near
ly eight hundred dollars have been rails
ed, and the sum continues to swell with
each issue of the Globe. The conduc-
tors of that public-spirited and enterpri-
sing journal, in this generous action, have
increased its claims to the favor of the
public. A beautiful tribute to the men,
DRY of Capt. Fry will be found copied
elsewhere from the n. Y. Herald
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18
The Alabama Immigration a.
the YnzOO bottom Lands.
From the Yazoo Banner. ]


+ A great many planters have been
forced to leave Alabama on account oil
the entire failure of crops, occasioned by
the worms and bad seasons. On account
of the fertility of the soil, many Of them
are seeking homes in Yazoo. Some
have brought out freedmen and others
are endeavoring to secure places, gener-
ally by renting which they will stock with
their old hands from Alabama. AS little
as is thought of it, this influx of new
corners, all of whom have a little money,
contributes very much to the life and
business in Yazoo City-and as they add
to our population, they will also advance
the material prosperity of the country.
We are glad to see our swamp filling up,
and hope the attention of other immi-
grants may be turned to the hills. There
are many desirable places in the hills
partially vacant
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18
THE WINoNA IPosr OFEIcE FMnrz

The WNoNA PosT OFFICE EMBEz-
ELEMENT. The people of Winona were
greatly surprised, on Friday the 9Th, to
find new Post Master in charge Of the
office, and to learn that the old postmaster,
Capt. Marker, was missing and under in
dictment in the Federal Court at Oxford
n three cases for embezzlement. We are
not informed as to- the particulars, but
we hear that the amount embezzled Is
about $1,000. Capt Marker has been alb
sent for two or three weeks, but nobody
suspected anything wrong, and some yet
believe that he viii return and settle, but
his absence and the indictments hardly
justify the belief inona Advance
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18
Tate County Special Election.

The Registrars Of Tate County have
issued an order for an election of member
of the legislature in place of o. T. West
If the Supreme Court should decide the
December election unconstitutional and
invalid, the member elect will continue
in office more than twelve months.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18

The PROPOSED STAY Law
see that many of the most iuHu
papers Of the State are strongly 8a
ting the passage of "A stay law at tbc
session Of the Legislature. They ur.
with much truth. that absolute
ruptcy, il not actual want, are 81
the people in the face, while proper
deprecated fearfully on account 4.
scarcity Of money, and to force an .
tunate people TO sacrifice the little
have under the hammer, would be
indeed. Time, not reputation Is DEL
ded, and a law should be passed tha
bring relief to the debtor and O.
same time secure the creditor agalu'
Liberty Herald.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18
The Vfrgfnius Case.

The following opinion of Judge Story
has been quoted as strictly opposite to
the case of the Virginius:
''The rule in respect to the high seas is
that all nations are there equal. A mer-
chant ship is part of the dominion of
the country to which she belongs. What
right has the ship of one nation to inter-
fere with the ship of another when their
rights are equal? 1t may be that the flag
of America is assumed by another pow
er, to cover the basest purposes-that can
not alter the right"
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18
Some Things which the Patrons
propose to do.

/. To secure for themselves, through
the Oranges, social and educational adj
vantages not otherwise attainable, and t.
thereby, while improving their condition
as class, ennoble farm life and render il
attractive and desirable.
2. To give full practical effect to the
fraternal tie which unites them, in helping
each other in case of sickness, bereave-
ment, pecuniarY misfortune, and want
and danger of every kind.
3. To make themselves better and more
successful farmers and planters by means
of the knowledge gained, the habits of in
dustry and method established, and the
quickening of thought induced by inter-
course and discussion.
4. To secure economy in the buying of
implements, fertilizers, and family sup
plies, and in transportation, as well as in
creased profits in the sale of the products
of their labor, without enhancing their
cost to the consumer.
5. To entirely abolish the credit system,
in their ordinary transactions, always buy
ing and selling on cash basis both among
themselves and in their dealings with the
outside world
8. To encourage cooperation in trade
in farming, and in other branches of in
dustry, especially those most intimately
with agriculture
Z. To promote the true unity of the
by drawing the best men and
women of all parts of the country together
in an organization which knows no preiu-
dices, or owes no party allegiance.-Ru-
raj Carolinian.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18

Francois Achille Bazaine. The +
patriot and Mayshal Of the Empire
demned to death bv n drum-bead
martial for doing his duty 10 Fran
cording TO the best Of his ability
under most trying circumstanccs
rection of Napolean H., was born
1910, and has seen forty-twoyear
itary service in behalf Of his coul.
Washington Chronicle.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18
Good Advice 10 the Incumbents of
Office.

The Chickasaw Messenger, in view OF
the intention of the Governor not to
recognize as valid the November election
unless the decision to that effect shall be
obtained from the Supreme Court, adj
yises all county officers to wait the devel-
opment of events, and to make up their
minds not to turn over their books and
papers and yacate their respective offices
until their successors should present 1st,
their commission, End. oath of office, Sd,
official bond properly approved, and 4th,
a decision of the courts showing that they
were legally entitled to the same.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18

SPANISH INsoLENcE.-I reply to the
remonstrance of Commander Gushing 81
the United States war steamer Wyoming,
against the Santiago butchers, Gen. Bur-
riel, the Commandant at Santiago, re-
torts upon him, and, in justifying his con-
duct, he congratulates himself that Spain
is free from such crimes as the United
States authorities committed in the exc
cution of the murderous Modocs.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18
THE TREATY


HAVANA, Dec. 11.-Captau II.
Jovellar this evening issued an adds
the inhabitants Of Cuba, saving.
The moment treaty Is signed ha
the Goyernment Of Spain and tho 1
States, my duty, although painful J.
be, is to comply faithfully with itst
For this / have received final oH.
failure TO comply with the same
produce war, and with a rrcaf p
without the aid Of Spain.
In the meanwhile, to obey tho D
necessity and the orders of the -H
Republic, let us deliver up the Wig
and the survivors Of her passenger
crew. | have faith in the uoblon.
your procedure in compliance wI.
word.
JOAQUIN ,IOyTTf.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18
Alexander II. Stephens in ,bo J.
Orator.
His Fir.t SpeeeL Ne Pm.

n h
From che Cb.cuT-
The shrill, piping voice DIAM,
ii. Stephens was heard claiming.
and hush fell on the house M
phens spoke for forty minutes. d
time allowed by the agraamer.
House, and was listened ,owIti m.
est interest the members crowd.
him on all sides. Hgsuppra
bv q crutch and the dos, 6thrIr
in all his speech he stood acr-
publican side OF the House \.
that he was speaking went orr
Senate, and many member, 0f f..
came over to hear him. p,
among them was Roscoe Co1Err.
stood in Mr.. Stephens font g.,.
with the closest attention. The.
an interesting one, and the 6n..
and emacIate, with q black ya.y.
cap on his head, looked line one +.
turned back from the verge of M.
under some irresistible impulse
gave him new life, 10 mingle w.H
fairs of an age 10 which he did uo..
His whole argument was what Mill.
been expected Of one belonging
ante-war class Of statesmen. N.
ded those who took their back.m.
the charge Of corruption, saying.
did only that which was their r..-
right TO do. He regarded nm
against the increase as public claim
the genuine cool judgment of tha
and said that statesmen ought M.
swayed by the pressure of the hul-
was not right, but should oppoua
form error. He would not say NJ
thought the services of q member
gress we're worth but he poiutedhH
that skilled labor in many instance
manded higher remuneration than
labor, which he ranked higioraaHn
of more consideration. He said
valedictory on the floor of the II
1859, when he thought he never
hold a seat on the floor again, tHa
resentatives should receive no lrm
600 year; Senators $4,000; Ju.0
the Supreme Courts $50, 600, tho
Justice $50, 600, and the Prcsidgu.
900; and in those days the cost d.
was much less than now. His speed
a delightful incident ID the lloaa
ceedings. He spoke Aucnly, and
well modulated voice, and was Dou
loss for choice language In which NJ.
his idess-bearing himself all ih.
with the grace Of one conscious ota.
power. The speech bad marked
upon his hearers.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18

THE YAzoo DEMoCRAT-We mad
vertently omitted to mention the change
in the management of this paper. Robt.
Campbell, Esq, who has, conducted ii
with ability and tact, is succeeded by.Mr.
0. V. Shearer, lately of the Vicksburg
Herald, to whom we extend our best
wishes.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18

SAN Francisco. Dec. 13.-No new
developments of interest in the senatorial
contest. The straight Republicans and
Democrats held caucuses at Sacramento
last night, and will meet again tonight.
They accomplished nothing. Ex.Gov.
j. 9. Downey, Democrat, declined to be
a candidate. Thus far neither of these
parties has programme which it dares to
present.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18

The communication Of our correspon-
dent LEX" has attracted considerable
attention from the press. The Indepen-
dent South concurs with the Vieksburg
Times that the Arkansas case is not a
precedent, bearing on the question be-
tween Gov. Powers and Senator Ames
In Arkansas the question was, which of
two candidates had received the majority
at an election, the constitutionality of
which was not controverted. In Nissis-
sippi the question is whether there was
law authorizing any election to be held.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18
YazOO County Election 3OEh of
December.

The Registrars of Yazoo County have
issued notice of election of Senator on
the Both, in place of n. I. Morgan dis
qualified. Let law-abiding citizens at
tend the polls and cast their ballots for a
good man.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18

About eight hundred grangers were in
attendance at their State Convention in
Illinois. State Master William Golden
delivered the annual address. He IA
vored the establishment of purchasing
agencies to protect farmers from the ex-
actions of middlemen, and also the estab-
lishment of manufactures and other bus
mess enterprises in the interests of the
farmers
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18

A Washington dispatch states that
pending proceedings in the House of Rep
reseniatives, /" the only Southern man
"who participated in the discussion on the
'9th, in which the Salary Grab was in
"troduced, was Lynch, who boldly de-
"clared that the Southern members were
Opposed to any reduction, and at least
"wanted that no reduction should apply
t'to the present Congress"
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-18
The 4tb Of December. the sixth ami

The 4th of December, the sixth ami
versary Of the order Of Husbandry, was
a gala day for the Changers at Magno-
lia Maj. L. 0. BridewelI was the ora
tor of the day, and marching and feast
ing and social enjoyment were among the
events