The weekly clarion., 1876-10-18

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Of the Constitution. The Legislature
.nnot propose an amendment, except By
bill or Joint concurrent resolution, which
must be read and passed by two-thirds
vote Of each house respectively, on each
day for three several days. Such bill
or joint concurrent resolution, proposing
a constitutional amendment affecting
section Is Of the bill of rights prior to
1885, Is as maniiestly void for repugnance
10 the Constitution as any law can be,
aud the Legislature, who voted to submit
such an amendment, would clearly vio-
late the oath prescribed by Section 26,
Art. XII. Long service, in the Radical
party, or a ready capacity to fall
into its practices, would make this
latter feat easy Of accomplishment,
but still, the constitutional argu-
ment am making, assumes that the
legislator will observe his oath as a man
Of ordinary conscience does, just as the
law Of self-defense postulates that every
man is a man Of ordinary hrmness and
courage, and cannot justify homicide
or mere fear or apprehension Of his life,
which weak nerved man may entertain.
Net having in ssme length Of-time seen
the particular provision Of the constitu
ton, j said section eighteen Of the bill
Of rights was protected from change,
alteration or amendment, prior to 1885.
You asserted, with the same confidence
with which you solved the constitutional
difficulties, 1 suggested, in the way of
our doing what you said, that it was
1880, and not 1885. Article V, Of the
Federal Constitution, which makes pro
vision for it, amendment, has u prOvisO
protecting the first and fourth clauses Of
the ninth section of Article /, from
being affected by any amendment which
may be made prior to the year 1908.
The proviso to Article V of the Federal
Constitution, is in the very same language
Of the proviso to Article XIII, Of our
State Constitution. Would you say, as
constitutional lawyer, that Congress could
have submitted an amendment changing
or affecting the political clauses Of section
Q, Of Article j, prior to the year 1908?
| put the last inquiry, because there
seems prevalent, pi late, a notion that it
is matter Of slight consequence to over
ride and trample down Slate Constitl
tions, whilst the Federal Constitution is
invested with higher sanctity. They are
both equally, in their spheres, limitations
on the law-making power, with this i'm
portant distinction, that the Federal law
making power looks to the Federal Con-
stitution for an express grant of power,
or an implied grant which is necessary
and proper to carry into execution some
granted power, while the State law-mak
ing power can do all things which it is
not inhibited or restricted from doing.
And now, Judge, as to the evidence
you had, or the reasons for saying that
It was the desire of the Democratic
Conservative party of Mississippi, or the
present Legislature, at its next session, to
deprive the colored people of the State of
their schools, let US look at that little.
And first you are the only Republican
organ from which | have heard this
assertion come since the Legislature
adjourned last spring
i have heard some Of its speakers and
read some of it press organs, especially
one in my own town, and | have not seen
nor heard any such assertion until
heard it from you at Oakland and Cof
feeville No Republican in the last
Legislature so charged. On the contra.
ry, it was asserted in my hearing, in the
closing days OF the last session Of this
Legislature, by hOo Republicans, in the
House of Representatives, and apparently
, acquieseed in by all, at least there wa
! no dissent expressed, that on this suhjec
! all the pledges which last fall we mad
! to the colored people had been faithful,
/ kept.
/, To guard against the possible contin
!, gency of the failure or deficit of tn
r school fund, provision was made that tn
: State Treasurer, in case the constitutions
= school fund did not amount to two mill
!. ON the dollar, should transfer to it iron
the general fund enough to make it equs
n to the two mill tax of 1875. You a;
- serted that the State Treasurer could ne
. do this because provision was made fC
/, no general fund, and therefore the la
70 was disingenuous and sham. This a
A. sertion was as unfortunate in being de
:, titute of foundation in fact as man
,r others you made. If you had only take
"a the pains to have read section nine of Il
,s same law you were criticising so reckles
lv ly, you would have seen that tax
:. three and half mills for general pu
=, poses was provided, from which II
ht transfer was to be made. (See AC
- 1876, page 94) That this geneI
80 fund would be in the Treasury
- money and not in deprecated warran
40 in which it has usually been paid und
m Republican rule, from which the Treas
"a rer could make the transfer.
-, There was manifested by that Legisl
on ture a great desire to tighten the br
m. dens of taxes on our people, but |
mn clared in n speech in my place on {
"a floor, and the same was done by Othe
no. and acted upon by all, that before
- would narrow or abridge existing sch'
Oh privileges to all the children of the Sta
/ would even vote to raise taxes.
nj advised the Board of Supervisors
.Le this county, and they acted on my
i've vice, to levy a special tax under Sect
Nm. Is, Article XII, of our State COnsti
ton, in excess Of and beyond the legi;
m. tive prohibition of sl6 80 ON the 81, On
of on the fear expressed that an old sch
A.. debt would absorb the county school ~
ant received from the State, and embarr
~. the continuance of schools next "
nj l had the opinion of the Attorney Gen
, a. al Of this State, and such was my o.
tbe ion, that the legislative restriction
,oc, Boards of Supervisors could not prev
MA the levy of the special tax by them, I
- a vided for IN Section 16, Article XII,
,en the Board OF Supervisors of this cou
.bai levied under this three and a half m
mai making the aggregate levy $40 on
rrc 81 900.
acle One other extraordinary charge
ure, belief you made against the DemOcri
lish- Conservative party of Mississippi,
YOU wit: that they carried the election
ticle fall by stuiiing the ballot-bOxes-
nee. then undertook to give the evidence
the which your belief was based. 1t
hts. that in the election last Fall your P
'Rca- had lost only Z, 900 votes on the eleC
velv of 1878, and we had gained 49, 900,
uali- showing over 80, 900 votes, as you sts
! of more than had been cast in the ele'
cleo of 1873, making an average of over
II L