The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1879-01-08
The Supreme Court OF the United
States vs.. Republican The.
DRY and Practice.

QFY anu GEaCNhGG.
The decision Of the Supreme Court Of
the United States delivered by Justice
Miller, the head notes of which, with ex
tracts, are published in another column,
are Of unusual interest not only for is
practical bearing upou long standing. IA
settled obligations, but for its historical
Importance. In 1888 the Legislature Of
Tennessee incorporated the Bank Of
Tennessee. The 18th section Of it, char
ter reads thus:
BE it enacted that the bil- or notes Of the
said corporation originally made payable,
or which shall have become payable on de
mand in gold or silver coin, shall be receiV :
able at the Treasury of this Stare, and by all
t4x-colIocterz and other public officers il
all payment for taxes or other moneys due
to the state"
In May 1861, the State passed the or
dinance of secession. Du9iug the war,
and while she was out Of the Union, the
Bank issued bills, which after the re al
mission Of the State were presented by
a tax payer in payment Of taxes, and re-
fused by the tax collector on the ground
/ that the notes were issued in aid Of the
rebellion, and that the 18th section had
become void. The tax payer sought his
remedy in the courts Of the State, which
decided against him, but OH appeal, the
! Judgment OF the Supreme Court Of The
State was reversed by the Supreme Court
Of the United States. The opinion was
delivered by Justice Miller, who i:
known to be a decided Republican par
tisan, and was concurred in by the Dem
ocratic Judges The decision amounts tC
severe judgment az INST the entire
Republican theory and practice in deal
ing with the Southern States after the
war, and is vindication of the attitude
of resistance to that policy, 50 firmly
maintained by the national democracy
and by the responsible people of the
South at that time. While admitting
that they were overcome by the superior
numbers and resources OF the United
States, they stoutfy maintained thai
they did not lose their statehood by
secession and war and that the acts O.
the United States government overthrow,
ing their organized governments, and
substituting in their place military admin
istratons pending the formation of other
State governments by the dictation and
military power of the United States,
were in fact revolutionary.
When the Confederate government
fell, the State of Mississippi under the
guidance of Governor Clark adopted d
policy strictly in accordance with the
doctrine now enunciated by the Supreme
Court. Her Legislature assembled anC
proceeded to adjust her affairs with a
view to the re establishment of her rela
| tons with the United States. Pending
| this measure, Gov. Clark was seized
while in the discharge of the duties q
his office and imprisoned at Fort Pulaski
A provisional government was establish,
ed by the wanton assumption of power
on the part of Presid dent johnson, who
ordered a new election with conditions
arbitrarily affixed by him. His policy was
soon superseded by the Congressional
plan; and then followed the long and
bitter history of oppression, wrong and
insult will which make the Republican
party a name of hatred and infamy in the
South for generations ia come