Mississippi Democrat. (Hazlehurst, Miss.) 1875-1???, 1875-09-29

~@ aA""fh eNNh AhSHs SlofN bil
Constitution-Section 1897.
How worthless would be such n
right, and how thin the protection il
would secure, IL the people could not
act without the permit Of negligent
or usurping rulers
II i the right and duty Of the
State TO regulate the miIitia--to pro
vide for their organization, &c, but
il cannot suppress the militia, nor In
any degree infringe the right to keep
aud bear arms, nor the right 10 use
them on proper occasions, In defense
Of the community.
With regard 90 the complaint that
military organizations, shave been
formed without sanction Of law" Il
Is proper 10 state further, that by the
act approved Feb. IS, 1875, known
as the Gatlin Gun law, all militia or
CARNATIONS formed under the Code
of 1871, were disbanded, aud "com-
missions and appointments given to
officers 90 command or control such
militia" were aanulled and revoked.
This act Is printed with the acts OF
July called session 1875, p. p. BY
this net, the militia oi this State, In
so FAR as its organization was de-
pendeht on statues was "disbanded," |"
and all their officers were displaced.
Any further organization according
% statute, was dependent on the viii
os the State officials, not one Of
whom, 50 FAR a the public 10 In
iofmed, has since attempted TO or
ganize a single company.
The significant result Is that, when
emergencies arise and endangered
communities call for protection OF
arms and good scitieeas hasten to
The roscne, the Executive cf the State
proclaims that they arc organized
fswithout ihe ssacfpn ~ lawg'
This lapel4aatHsn has beclfr Col
love 0y an E<ecutive cnit on the
President ~ the United States for
miIilar-aid, upon the pretext that
"irme. lie violence prevails in vari-
ous parts of the State beyond n
power of lhc State authorities g.
suppress. shall not cite tho cvi-
dCacc g. ~ how untaunlcd this
supposition Il the Governor y now
proved 90 lave been; but desire
% call public attention to a gross
hat seems to have grown out
san Ians, incident TO recon
con-trac' a.
1t / .ue that section four of arti-
&c ,orr of the Federal Constitution
uses The words domestic violence" ("
as quoted by the Governor; but those
words, by long usage Of construction,
are limited and apply only to the
lease of an insurrection in any
State, against the government there
Of" Is early rs the act Of Feb. p,
1895, the power Of the President to
interfere in the affairs Of State,
al the call Of the Legislature or tho
Executive.of State, was restricted
10 the very ease Of IAN insurrection
against the government Of the
State. Whatever doubt may have
been created by the first section OF
the act Of March 3, 1907, all doubts
are removed by the plain terms Of
the hate revision Of the acts of Con
1 gress, section 5,297. Ii specifies the
very tase. There must be such an
/ '.ln.urroction' against "the govern.
ment" Of the State, and the Presi
G.nt can use military force, in such
case, only" TO suppress insurreetion.'
The preliminary proclamation he is
required TO issue must command" IA,
insurgents TO dispcr-e."
The American people, without
distinction OF party, have condemn.
ed the mOnstrous abuse OF this pro.
vision Of the act of Congress in the
ease of Louisiana. The Republican
State Convention Of the great STATE
Of New York has solemnly protested
against any exercise Of this rresi
dental power, except in cases plain.
ly authorized by act Of congress.
The whole country owes a specia
debt 10 Judge Cooley for his nobl,
a .otest, sci forth IN bis note 10 see
's's oi Story on the Constitution
4 lition by Thos. N. Cooley, vol. 2
a AssQ1 Saws ha.