580 



MISSISSIPPI. 



the judge* of probate hereby appointed, or hereto- 

 fore appointed by me, after they shall have taken the 

 oath themselves, or before the Judge of the Criminal 

 Court of Warren County. But no one can hold any 

 of these offices who is exempted in the President's 

 proclamation from the benefits of the amnesty unless 

 first specially pardoned by the President. 



Third. In counties which have been disorganized, 

 or where there are no persons who can fill the several 

 county offices, either in consequence of death or 

 otherwise, special appointments will be immediately 

 made when the necessity for such appointments shall 

 be made known to me. 



Fourth. The sheriffs hereby appointed, or in case 

 there be no sheriffs the judge of probate or the 

 coroner, or any justice of the peace, in the order in 

 which they are here placed, shall hold an election at 

 the several election precincts in each county, on 

 Monday, the 7th day of August next, for delegates to 

 a convention for the purposes mentioned in the Pres- 

 ident's proclamation. Voters for delegates to this 

 convention must possess the qualifications required 

 by the Constitution and laws as they existed prior to 

 the 9th day of January, 1861, and must also produce 

 a certificate that they 'have taken, before a competent 

 officer, the amnesty oath prescribed by the proc- 

 lamation of the 29th of May, 1865, which certificate 

 shall be attached to or accompanied by a copy of the 

 oath, and no one will be eligible as a member of this 

 convention who has not also taken this oath. The 

 sheriff shall' give public notice of the election by 

 posting up this proclamation or otherwise. 



Fifth. Each county and town entitled to separate 

 representation shall be entitled'to be represented in 

 the convention by the same number of represent- 

 atives they were entitled to in the lower branch of 

 the Legislature prior to the 9th day of January, 

 1861. 



Sixth. The returning officers of the election shall 

 give to the persons having the highest number of 

 votes a certificate of election, and the delegates so 

 elected shall assemble at the city of Jackson, on 

 Monday, the 14th day of August next, and shall. or- 

 ganize a convention by electing proper officers, and 

 adopting necessary rules, and after taking an oath to 

 support the Constitution of the United States, may 

 proceed in the discharge of their duties. 



Seventh. The Trustees of the University of Missis- 

 sippi are required to meet at Oxford, on Alonday, the 

 31st day of July, for the purpose of putting the in- 

 stitution in operation. 



Eighth. Crime must be suppressed and guilty per- 

 sons punished. The commanding general at this 

 post has kindly offered to use the forces under his 

 command for the protection of the people and for the 

 apprehension of offenders against the law ; and it is 

 hoped the people will give nim timely information, 

 and render such assistance as will enable him to 

 carry out this laudable object. I would advise the 

 people, when it may be necessary in consequence of 

 their remoteness from a military force, to organize 

 themselves into a county patrol, for the apprehension 

 of offenders, who, when arrested, if they cannot be 

 safely confined in the county, may be brought to 

 Jackson for confinement in the military prison until 

 they can be disposed of by civil law. In taking re- 

 cognizances the justices of the peace will make them 

 returnable to the text term of the circuit court as 

 now established by law, or that may hereafter be 

 established by law. 



Probably there are some persons who have some 

 conscientious scruples about taking the amnesty 

 oath, because they Ibelieve the emancipation procla- 

 mation unconstitutional. I allude to the subject 

 only because I have understood there are a few such. 

 This objection certainly cannot be raised with pro- 

 priety by such as denied that they were subject 

 to the Constitution of the United States as the su- 

 preme law when the proclamation was issued. 

 Whether it be constitutional or not is a question 



which the people have no right to determine ; the 

 determination of that question rests with the su- 

 preme judicial department of the Government. 

 Legislative bodies often pass unconstitutional acts, 

 but they must be regarded as valid, and they must 

 be observed as the law, until the proper department 

 of the Government declares them void. Every pre- 

 sumption is in favor of their validity. And it is pre- 

 cisely the same case with executive acts. This proc- 

 lamation, therefore, must be regarded as valid until 

 the Supreme Court shall decide otherwise. When 

 it does so decide, parties will be absolved from the 

 obligation of the oath. Perhaps, however, parties 

 who believe the proclamation void are over-sanguine 

 in the correctness of their opinions. There is a gen- 

 eral principle in the law of nations which authorizes 

 one belligerent party to do toward his enemy what- 

 ever will strengthen himself and weaken his enemy, 

 limited, of course, by the laws of humanity. Some 

 writers of high authority hold that legitimate power 

 in war, toward an enemy, is coextensive with ne- 

 cessity. Even the desolating of a country and the 

 burning of towns and villages are held to be justifi- 

 able acts in certain cases. Whether these principles 

 be broad enough to cover the taking of slaves, as 

 they certainly are with regard to other property, is 

 not for me to determine, and I mention them only to 

 show to those who entertain this opinion that per- 

 haps it does not rest on as solid a foundation as they 

 imagine it does. The people of the Southern States 

 were in rebellion ; the President of the United States 

 had a right to prescribe terms of amnesty ; he has 

 done so, and it is hoped the people will all cheerfully 

 take this oath, with a fixed purpose to observe it in 

 good faith. Why should they now hesitate or doubt 

 since slavery has ceased to be a practical question ? 

 It was the ostensible cause of the war; it was staked 

 on the issue of the war, and that issue has been de- 

 cided against us. It is the part of wisdom and of 

 honor to submit without a murmur. The negroes 

 are now free free by the fortunes of war free by 

 the proclamation free by common consent free 

 practically, as well as theoretically, and it is too late 

 to raise technical questions as to the means by which 

 they became so. Besides, it would be bad policy 

 now to undertake to change their condition if we 

 could do so. It would be nothing less than an effort 

 to establish slavery where it does not exist. There- 

 fore let us cordially unite in our efforts to organize 

 our State Government, so that we may, by wise legis- 

 lation, prepare ourselves to live in prosperity and 

 happiness in the changed condition of our domestic 

 relations. Fellow-citizens, I accept the office of Pro- 

 visional Governor in full view of the troubles and re- 

 sponsibilities incident to it. I was actuated by no 

 other motive than a desire to aid the people in organ- 

 izing a civil government preparatory^ to the restora- 

 tion of their harmonious relations with the Govern- 

 ment of the United States. That I shall commit 

 errors I know full well ; but I know also that I shall 

 very soon leave the office, and that I shall carry with 

 me the con soling reflection that I endeavored to sub- 

 serve the best interest of the people in this critical 

 and trying conjunction of public affairs. The people 

 of the South have just passed through a most terrible 

 and disastrous revolution, in which they have sig- 

 nally failed to accomplish their purpose. Perhaps 

 their success would have proved to be the greatest 

 calamity that could have befallen their country, and 

 the greatest calamity to the cause of civil liberty 

 throughout the world. The true patriot finds his 

 greatest enjoyment in the noble and pleasing reflec- 

 tion that bis government is to live after him with an 

 honored name, to shed its blessings on millions 

 through future centuries. And as good governments 

 are things of growth, improved by the Tights of ex- 

 perience and often by revolutions, let us hope s&d 

 and disastrous as this revolution has been that tho 

 lessons it has taught us will not be destitute of value. 

 The business of improving our government, if it 



