Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1838-09-29
OPINl2N

~ 1 y - ~
| Has the Clerk Of Probate the rigni uHler the eN'
sting Constitution and laws Of Mississippi to APP
| point Deputy,
negative answer to tins question, is so garingly
stamped upon every page OF Abe Constitution and
laws Of the State Of Mississippi where the office is
even alluded TO, that one might well be at a loss to
conjecture, what could have gwen tisc TO the en-
| quiry.
At the formation Of the State Government of
Mississippi, it will, doubtless, be admitted that the
constitution, in relation to filling offices IS aristocra-
tic, in its restraints upon the elective franchise there
by doubling the capacity Of the people, in the excr-
else OF their elective suffrage, to fill the Offices ne
ceSSary for civil government, with honest and ca
pdbie' lncumbcnS; and to tins doubt, as to the viz
tue and intelligence of the people must be ascrlbed
the appointing, instead Of the more republican mode
by electioR of getting into power and place regard
less Of the lrW Of The PEOPLE.
! few brief years Of experience, however, con-
vnced the PEOPLE, that instead Of heing one great
| family OF Republicans alike equal and free, and
| amongst whom the honors and cmoIumcnts of Off
ceS, should be accessible to- and enjoyed by those
only, whore fidelity ard qualifications, should Sc
cure TO them the suffrage Of their intelligent and vir-
tuouS fellow citizens, they were tatec slaves of an
oicc holding, and office filing aristocraaas Iav-
ing for their ultimate object, monopoly OIL the
offices, with their honors and cmoluments 10 them
selves and their families AMI iayortes thereby crea-
ting ranks mud distinctions, wholly at war with the
spirit, equality, and simplicity Of Republican Gov
ernmcnt. Whilst that constitution remained in
! force almost every Office IN the judicial Department
of the Government, whether Judicial or ministerial
was part OF the patronage OF some one, or some
other, filling an etce, superior to the one which he
had the power 10 I'll and il IS well worthy Of re-
mark, that the power rarely, if ever, exercised
IN the nomination or appointment Of any one, other
| than those Of his own family or can--a practice.
but too frequently 70 be seen even at this dav stri-
wing by many articles, 10 regain lis former unjust
and dangerous control over the deliberate choice Of
the people, by construction, what the spirit and let
ter plainly prohibits.
II was not 10 he expected, that "A people, nelIi-
gent and yruous, as those Of Mississippi, who are
| ever Jealous nl their RIGHTS and who arc no less
ready TO reform, where there is an abuse or as
sumption Of power, than they are Slow to Grant il,
| would long continue form OF Government, in its
| practical elects SO obnoxious to the Republican
| spirit of the State. They spoke as one man, with
one voice, and, as if by magic, family precrment,
with all their nvdious distinctions fell, and that
pure DEMOCRATIC simplicity, which acknowledges
no claim or distinction but merit, sprang into exis.
tence, and guided by that undeniabe truth, That,
! " all men, by nature are free and cQEai" formed
and adopted new constitution, indeed worthy Of
| the admiration Of all true Republicans and has
| been pointed TO by statesmen as a model worthy of
Limitation. To that constitution and the laws enact
ed unddr its authority, the people have a right to
ooi for, and find security in their persons the pos
session oil their property aud the pcrsuit Of happl.
ness; aUd from IL and the laws passed under its
cypress provisions, oil Official power must be dcriy.
Cd all is which cannot trace their official author
lty to the letter Of the new constitution, and the
laws passed in accordance with lis spirit and letter
are without authority, and therefore void IL is
! true, this conclusion may, and no doubt tcM be Zoo
DEMOCRATIC, TO suit the opinions Of same and the
interest o others yet it is the true doctrine of the
| law and the constitution.
Then 10 the Re,c constitution and the laws pass.
ed under It's authority for the answer and here let
it be remarked, and remembered that the Office Of
Clerk Of the Court Of Probates" was wholly I'M
known TO the old appointing system. Hear the Ian
gnage OF the old law.
court of Probate, shall be held within the
several counties of this State, TO be STYLED the
Orphans court AND there shall be-, in the man
neT prescribed by the constitution an able aud learn.
ed person, in each county ia this State appointed
(NoT ELECTED Judge Of said court fer taking the
! Droh bates Ot wills Sc.-----there shall be, IN the
manner directed by the constitution, suitable per-
son" (hat is sore family fdcoyIte) "appotated reg
| istcrn mot elected cIerk) "of the Orphlns court
in each county in this State, who shall take and
subscribe on OATH in open coni, for the faithful dis
charge of the duties of lis Office. And It shall be
the duty Of said register to keep end preserve all re-
cords, htos, papers, and proceedings Of the SAT-
courts 10 record all wills and festaments, duly pro-
we'd and approved all accounts finally allowed
all inventories AMI appralsments duiy made and
sworn to, &c"-Revl5td Code, page ~, Chaper 9,
Section l. g
" And in case said register si,.t, at any tme' be
unable from sickness, or other und YlIaDlt causes
to attend said court 1t shall be la,rat (dr the Judge
| ol frobatcS TO appoint person 10 act IS 4ePmy
register during such inability or absence pi ne
register, who shall take an oath faithfully TO az
| charge the duties Of his office Sc.'-Sce 3.
The register Of the Orphans court in each
county shall, before be enters upon the duties Of his
office, give bend in the penal sum Of two thousand
dollars. with two good and sufficient securities, TO
| be approved by the court of which he is register,
Sc------conditioned faithfully 10 discharge the
duties Of his office, and reasonably TO record all last
wills and testameHts, and other Instruments Of WI
ting, required by law TO be recorded in his Office IN
well bound book books 10 be kept for that purpose
and safely to keep all books, papers, records tables,
presses and other things appertanng 70 his office,
and safely deliver such books papers, presses, and
other things 10 his superior in office" &c.-Sec. 4.
| Thus il IS seen by the old law that there was no
such officer as " Clerk Of the Court of Probates."
The duties Of the reglste' of the Orphans Court,
and the duties Of the Clerk OF the court OF Pro-
bates hewever, are the same, 50 far as relates TO
that court and case Is anticipated, when tic reg.
/ is'ei aa3y may be performed by dfputy 80 long
! as that law was IN force but that deputy was not
" the register own aDpntptflcut /. ror cg,IA eurL