The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1875-09-29
Payment Of the Standing Army
Appropriation EnjOined.

tice Pey!on has granted an injunction
restraining the Auditor from issuing
warrants for the S55, 900, unexpended
balance of the Legislative appropriation
for the organization Of a standing army
under bill which passed at the last
session. The grounds Of the pElicatiou
are set forth in The following extract
from the prayer of the petitioner. The
best evidence Of the legal merit Of the
application is the fact of its having been
granted by the learned Chief Justice, who
is a staunch Republican and whose pur-
ity and integrity are above the breath Of
suspicion
Your orator states and charges that
bv the Constitution of the United States,
Art l, los. no State is allowed to keep
troops in time Of peace without the CON
sent of Congress, and that Congress has
given no such consent to the keeping Of
troops in time of peace, by the State of
Mississippi.
That the said enrolment and muster
ing into service of said Company, and
others proposed to be mustered in, is moth
ing but the keeping Of troops by this State
in time of peace.
Your orator further states aud charges
that by the Constitution Of the State of
Mississippi, the power of the Governor
to call forth the militia and put them
into actual service, is defined and fixed
in these words: the Governor ''shall have
power to call forth the militia to execute
, the laws, repel INVASION and to suppress
riots and Instructions.
Your orator is advised that this power
| to call forth the militia, does not exist
except in the cases above mentioned and
provided for in the Constitution. And
| your orator states, and charges that this
is ''time Of peace, and that there are
no distractions to the execution of the
laws in any part of the State, nor is there
a riot, or insurrecton anywhere in the
State, nor any invasion to be repealed.
Your orator states and charges, on
belief, that the said calling Of the militia
into actual services is not intended for
any purpose mentioned i'll the Constitution
or authorized by law He is more
confirmed in this belief, because, as he is
| informed and believes, that when the
Attorney General Of the United States,
in answer to requisition made by the
Governor on the President for e. s.
troops, asked for specific information as
to the obstruction to the laws, and riots
and instruction in the State, the
Governor, as he is informed and believes
did not reply by stating that there was
any such Instructions TO the execution of
the laws, or that there were riots or any
| Instruction in the State, bat stated sim
| ply thatthere was violence incident toa poo
| litical contest preceding general elections
| that the question Of race had assumed
magnitied impo lance in certain localities,
and that the race feeling was 50 intense
| that protection to culOrcd people 10y
white organizations is dispared Of. No
where in said reply, Is it pretended that
there is any obstruction 10 the execution
Of the laws, or that there was riot on
Instruction i'm the State unsurpassed.
And in said reply Of the Governor, IL H.
further stated, aud il in confirmation of
the charge made as to the purpose Of
calling forth said militia, that the organ
ization Of cDlored militia, it is ielievcd,
would develop war of races, and that
the organization of whites alone would be
equally Intellectual. Soyourorqtor charges
that inasmuch a, there are only whites and
colored men in the State to be organized
in the militia, and that, as in the opinion
Of the COmmanderin-C Chief, the organiza-
ton OF either or both would be Intellectual
and would, in fact, develop war, he is
justified in stating and charging, and does
so state and charge that the motive Of
calling out said militia, and its avowed
purpose is not the attainment of any one
Of the objects authorized by the Coustitu-
ton and laws.
And here files as Exhibit A 10 this
BILL printed copy of said reply, which
he believes to be a correct and true copy.
Your orator further states aud charges
that, as before stated, this 80 is in time of
peace, and there are no distractions TO
the execution Of the laws, and no riots or
instructions now existing and unsup.
pressed, and no invasion to be rcpellcd:
that there can be no other ground for
calling forth the said militia into actual
service except that part Of section 2 OF
the Act Of 23th Feb'y, 1875, which at
tcmpts TO confer on the Governor the
power to call the militia into active ser
vice when he is advised, or deems il
lF''t'ffb
And your orator now states and charges
that so much of said Act as is above
quoted, which attempts to confer on ,hc
Governor the power to call forth the mi.
litla and put them in actual service i'm
the pay Of the State, when be shall deem
1t necessary to preUen riot or insurrec-
ton, is in violation of the Constitution
of the United States, and also of the
State Of Mississippi, as above quoted.
and is therefore null and void. Troops
kept in peace, in the fear or apprehcn-
sion that a riot or instruction will occur.
or that the laws will be ohstructed, are
but standing army, and on such foun.
datiOn is the right and duty of all mon
archical governments to keep standing
armies placed.
Your orator further states and charges !
that the appropriation Of said 355, 900 |
excess of the s., O0O) before stated, SO |
made by the Act of 9th March, 1878, is |
more for the purpose of carrying out the /
illegal power so attempted 10 be con |
ferred on the Governor TO prevent riot |
and instruction, and although said lie
gal power is coupled with other and legal
purposes, yet there is nothing in said act
making said appropriation, by which the
purpose OF the Legislature is manifested
to appropriate any particular part Of SAID
sum to the legal purpose, and any par
ticular part to the illegal purpose, and it
s impossible to give effect to said appro-
Driation by applying all Of it TO the legal
part, for it cannot be known that the
Legislature would have given the whole,
IF any particular part of SAID sum, ex-
,ept for the purpose of carrying out said
legal power in conjunction with the
'thers.
And vour orator claims for tbot r.oso,, | ,