The weekly clarion., 1876-01-19
haS the Accused Executive Heau
OHiIfy of AnPeacha Bile Onenses .


In their terrific arraignment of him. +
an address to the people, dated Septembe
18th, 1873, the State Executive Comrni,
tee Of the Democratic-Conserv part,
said
The Governor in his efforts to blacke,
me falr name of the Stase and to procuT;
tba slal loops, winch he hoped to use 10
me adVancement of his personal fortunes
Lelegraphed to the Attorney-Ciener af IN,
hlGed states. hat the race feeling was =
stFong that II was believed that the or0ani
zlng OF militia Of colored men. w0nIf
develop war Of races, extending even he
Yond the limits of the State. and that n,
organization of whites alone would be in.
effectual. ~ ''i
Notwithstanding, ne entertains tbese
views ne mas steadily refused the preferred
ald, before alluded to, aud is now uroceedi no
70 organize, as we are informed. a reuimcni
OF each r1ce, and to muster them into activt
service Nv
/" There can be no other reason for f;:.
| tIlai wish on the TART ot the Chief MaUis-
trate of the State, to iacite that ,gar ,rbjct h.
| Sdt0 lrOutd be deueiOped, and To Eyin1 disorde,
and confusion. For il is well known to All
OF you, that there has not been the slightest
disorder, not the pretense of riot or in
surrection, since the disturbance at Clinton.
nor has there been any obstruction to the
execution of the laws at any time, excenf
such as may exist in the incom potency and
| wllltnl neglect of Republican officials to dis
charge their duties. That there is crime in
the State, is true; but there is not more than
| exists in our sister States, and there is moth
| ing that looks like insurrection, or am at
| tempt on the part of our people to obstruct
the enforcement of the laws.
In fact, We can safely say, that in no part
OF the Union does their prevail more per-
feet peace, or greater respect for law or a
greater desire to preserve order than in
Mississippi and this is well known to the
State Executive, ii he knows anything of the
disposition OF the people, over whom he
rules.
=" 1t is subject of congratuatlon, and of
lnst PRIDE to the people of the State, that
cursed as we are with rulers, alien to us in
sympathy and interest, md utterEy iqapOtent
10 perform any good functions Of government
and aofth ability only to commit n,iSchtef, that
we have been able to preserve order and to
hold society together.
=" Under these circumstances we can re-
gard the present efforts of the Chief Magis-
trate OF the State, 10 put into active service
the militia, and thus, in time of profound
peace, to organize Il standing army in vlo-
lation of the Constitution Of the United
States, and of this State, in no other light
than as deliberate attempt 10 iRctte disturb
dnceS, so that there my be Hh i'm tgindry inSur-
rectton, erhtct he D,ay suppress IN blood"
Is Governor, who is ''impotent to
perform any good function of govern
ment, and is capable s'only to commit
mischief" and who deliberately at
&" tempts to incite disturbances so that
&C there may be an imaginary insurrection,
g which he may suppress in blood
proper subject for what Chief Justice
Story declared to be the extraordinary
remedy of impeachment
Again, by authority and under the
sanction of the State Executive Com
mittee, a legal opinion from that
eminent lawyer and conscientious
Christian statesmen, Hon. Geo. l..
Potter, Ga member of the Advisory
Council of the said Committee), was
prOmulged, to the effect that the military
organization which Gov. Ames paraded
through the county, and with which he
threatened the invasion of Yazoo county,
ostensibly to reinstate Morgan, but, in
fact, as a military campaign in the inter-
est of the Radical party, was an illegal
body having no authority for its exist
ence in the Constitution and laws of the
State. In other words, that they were
an armed mob marshalled by his Excel
lency to overawe the people and to sub
vert the civil authority. 1t was upon
this ground that injunctions were grant
ed by two of the most eminent judges in
the State (Chief-Justice Peyton and
Judge Z. S. Fisher, restraining the ex-
penditure of the money of the State for
the purpose of furnishing subsistence to
the revolutionary force thus organized.
The following are extracts from the
opinion of Judge Potter above cited
Hinder the constitution and laws, as eX-
pounded by the Supreme Court IN
the cases above cited, it Is manifest that all
other ATTEMPTED militia appointments made
by the Governor since the passage OF that
act excepting only those five, are tHegGt ana
r0id That is to say, all captains, ana Hrst
and second lieutenants OF companies, ana
ALI other superior officers required to De
commissioned. are without any lawful an-
| thority in or lawful right or title 70. the
military offices they claim to hold. Thus 1t
| is that in all this State there are but Bce
| lawful commissioned militia officers
I ~
that citizens had formed themselves into
military organizations, without sanction OF
| law land now he distributes state arms 10
/ bodies of citizens, organized as State mill
/ tia In violation OF law
| the State. excepting these i've being thus
] illegally IN office, are without any rights OF
| office. At best, they are but oflcers ds gdft0
/ that is persons holding offices TO winch
! they have no lawful right. As TO such per :
| sons. the Code declares that their official
| acts ..shall be valid and binding as lawful
official acts, in regard to all persons inter-
! esfed or affected thereby. See 81.
This rule was established only Tor the pro
| tectioBs of third parties, but. the supreme
! Court has declared, the faatBtd9Il VINO thus
unlawfullv holds office, has no ogfclGt Flghts
nr immunities. "The incumbent hlmsel1
has no yririle0eS and is shielded from no re-
spoHSibtluy. If he attempts I" e!lioIeG !; =
rIUht grounded on, and flowing out of MS
| office, his title is put in question ana ne
must show legal right. He Is entitled 70
no PAY as an officer, because mot ih ONCE
bv legal authority. A de taeto oilieer can
/ maintain no such suit hlhlOall TO- al
Ali the so-calied militia officers thus IL
LEGALLY commissioned by the GoVernol
without consent of the Senate, uhlaWluily
hold office in violation of the constitution
/ notice another particular. The constitu-
tion REQUIRES that persons selected Tor ap-
nointment as commissioned officers OF ni-
iitia s'shall be chosen for their mtHtdF!
Inopcleage and their experience IN arms, ant
their fidelity and loyalty Art 0, Sec. 4.
Has this constitutional rule been observed
by the Governor in his appointments to COL
ored companies?
This unconstitutional and utterly law
less proceeding of his Excellency, was bu
one of series of criminal acts showing
his unfitness for the position he occupies