The Lexington advertiser. [volume] (Lexington, Miss.) 1904-1985, 1963-02-14

M ~ Ao3
~jurists, historians, businessmen and
politicians have circulated propaganda
purportirg TO give the people of the
state and the nation the 'facts" about
the Oxford disaster.
Typical of these are articles by a
former president of the American Bar
Association, by the president of the
University of Southern Mississippi and
a booklet published by the Mississippi
State Junior Chamber of Commerce.
These documents are remarkable in
that they seek to justify the conduct of
Governor Barnett as being lawful I'M
der the Constitution of the United
States. They ignored the question of
whether or not Governor Barnett's
actions were illegal under the Consti-
tuition of the State of Mississippi!
These sections of the Constitution
Of the State of Mississippi are appli-
cable:
Section z provides ''nor shall any
law be passed in derogation of the para
mount allegiance Of the citizens of this
state to the government of the United
States"
Section 8 makes United States
citizenship paramount to citizenship Of
Mississippi.
Section 26S provides that the gov
ernor shall "solemnly swear that he
will faithfully support the Constitution
of the United States and the Consti-
tuition of the State of Mississippi and
obey the laws thereof"
Section 1913 provides "the governor
shall see that the laws are faithfully
effected"
!. Section 213A places the Universe
ty of Mississippi under the manage
ment and control of a Board of Trus-
tees to be known as the Board of Trus-
tees of state institutions of higher
learning - such Board shall perform
the high and honorable duties thereof
to the greatest advantage of the peo-
pie of the State of such educational
institutions, u~ninfluenced by any poll
tical considerations"
Section PIT of the Constitution
provides that "the governor - shall
have power to call forth the militia to
execute the laws, repel invasion and
to Suppress riots and instructions"
In the ease of the State VS.. Nc
Phail, the Mississippi Supreme Court,
speaking of the powers of the COVER
nor of our state, said: "the constitu-
tional and statutory provisions requir-
ing the governor to see that the laws
are effected - means - that the law
shall be carried into effect, that they
shall be enforced = not that there shall
be an arbitrary enforcement by the
executive of what he may consider the
law to be, but the enforcement of ju-
dicial process that is, the enforcement
Of a right OF remedy provided by law
and j~udicially determined and ordered
to be enforced - All these provisions
when taken together mean that what
ever the governor does in the execu-
tion Of the laws must be - i'm strict
sub~ordination to the general law of the
land"
In the case of Thomas VS.. Taylor
the Mississippi Supreme Court said:
The Constitution of the United
States is not merely a league of SOW
ereign states, for their common de-
Tense against external and internal vio-
lence, but a supreme federal govern
ment, acting not only upon the SOW
ereign members of the Union, but di-
rectly upon all its citizens in their in
dividual and corporate capacities -
This Constitution, and the laws made
in pursuance thereof, and treaties
made under the authority of the United
states, / declared to be the supreme
law Of the land; and the judges in
every state shah be bound there
by, anything II the constitution or
Of any State to the. contrary not
witfy tahaipk fKtGEs
The Constitution Of the United
~ 81 I.s-1Nx- aAgL IL -sA.la.- L.