The Magnolia gazette., 1873-12-19

restraint on the sabiect.
4 5ntit is said that there is something in
the shape Of an ordinance, which prescrbes
n different rule on this subject. This ordi-
nance not being before the Court, its merits
cannot be fully appreciated. lfitvises in
Importance TO the dignity Of constitu-
tional provision, and really resirains legisa.
tron on the snbject IL is simply part Of the
Constitution and ought to be published us
such, II, on the contrary, il forms no part
Of the Constitution, il can have no restrain
ing influence upon either the Legislature or
any Of the other departments 0f govern
ment The Constitution Of the Stale, next
to what is declared by the Constitution Of
the United States, to be the supreme law
OF the land, is the supreme law of The State.
u IS supreme because il prpscribes rules Of
action for the Government, aud acts upon
the Government just as law, IN its ordinary
sense, acts upon The citizens by restralnt.-
Inc citizen is free to do what be pleases to
the extent that he is not restrained by law
and the same remark may be made in regard
TO the government Of the Stats-that the
legislative power exists to be extent that
il is not limited by either the supreme law
ofthe United States or by the Consttu.
tion Of The State, An ordinance, therefore.
not forming part Of the Constitution, hut
being ut most mrre law, would stand up.
90 the same footing as any other law. sub
jeci TO be repealed by the legislature and
this repeal could b. effected as well BY
implication as by express enactment. The
enactment Of law prescribing d different
time for holding 40 election would operate
as repeal of the ordinance.
Bot suppose that there is roam for doubt
on this sui .et-ihat is, whether legislative
power can be limited by something outside
Of the Constitution, then the rule laid down
By Mr. Jri'.Ton 70 guide President Wash.
incton IN regard to the first United states
bank bill, would prevail. Mr.. Jefferson
said II the doubts are evenly balanced in
the mind, the President ought out Of respeet
for the legislative will, to approve the law.
The Legislative Will in this instance having
assumed tho firm Of law. which has been
twice acted under and the Legislature three
times assembled ought to have the fuIl beue.
fit Of evenly balanced doubts.
Mr. Jenersnn's rule il now the settled
rule of the Coun-and hence the presump.
ton always, is that law is constitutional
The Consultation was rtsubmitted to the
people Of the Site al 40 election held On
the sOth day Of November, lsGs. unde,
the proclamation Of the President, author,
ized By special At Of Congress. an
proved April 10, 1869, aud was ratified
This vote Of ratification made il Constitu
tion. The Presidents proclamation de-
clares that III i uanesstood that section,
4 to lS, inclusive, under the head Of ordi
nonce, are nsidered as forming no mart al
said Constitution" Not being part Of the
Consultation. they were not submitted tc
the vote Of the people, and henc /, may bc
repeated that i they ever operated d ali
they only operated as law.
The Constitution b-iag once ratified. tn,
next steF was to organize government under
IL and accordingly the 5th srctiou Of ,bt
special Ac, Of Congress provided for The
assembling Of the Legislature Oh the fourth
Tuesday aiter the PRONUNCIATION By the com
manding General Of the result Of the elec
tion. The Legislature thus brought toeeth
er, q course, qualified and orsanized und-r
the Constitution, and so far as thi, depart.
ment was concerned, the Constitution ~.
came operative. 1t is true that the m
Sc iion of the Act declares that the pro
ceediugs should not be fual or operutiv,
as complete restoration Of the State un,i
approved By Congress. Whether this wo,,
proceedings bad exclusive ref.renc. !,
) What Is named in the sixth section Of IN,
Act Or relates TO everything 10 relation /,
The ratification, organization Of The Lapisla
iurr and the ratification by that bodv q
The fifteenth article named in the sixth sec
lion, i i not Necessary to inquire. as ID,
approval by Congress related back 10 IN
day the Constitution was raun a BY n
people. The Act At Congress clsarl
contemplated tie formation Of a Ie-i.s
'ure whj Should ralify the fifteenth ariel
bei'Te thr final action Of Congress. Whe
the Legislature assembled there was ei,bs
m tiiution or no Constitution II \
Constitution, then there was 90 Larisla
ture'and 10 Legislature, then there coul
be no ratification Of the fifteenth sr,icle-
!, This is az Temedied by tile doctonns Of !.
lation-which is, when an act Is done a
one tms' i operates as il done at anoth,
o time.
!, ! have only alluded to this subject fo
l.. r