State rights and democratic union. (Yazoo City, Miss.) 1839-18??, 1839-10-30
EXECUTIVE DEPARTMENT, }

- }
SIR: The Constitution provides that the
~ Governor "shal take care that the laws
be faithfully executed" have therefore
thought proper to advise you of the manner
in which the coming general election is to
be held and the returns thereof made.
he Constitution provides that 'the Chan
ceIlor shall be elected by the qualified cleo.
tors or the whole State for the term IF six
years." and that ''al vacancies not provided
for in the Constitution shall be filled in such
mani Ct as thu Legislature may prescribe"
The schedule to the Con -tItution provides
that the first election for all State and County
officers, under the Constitution, (members of
the L. gislature excepted,) shall be held on
the lst Monday and day following in NAV,
1893. "and the officers then elected shall
continue in office until the succeeding gen.
eraI election and after, in the same manner
as if the election had taken place at the time
last aforesaid" The succeeding general
election took place on the first Monday and
day following in November. 1888. The I'd
So ton Of the act prescribing the manner OF
Ifhing vacancies in public offices provides,
s.That when any vacancy shall occur in any
| State Office, &c. When the uneXplred tenn
thereof shall have more than one year to run,
it shall be the duty of the Governor, &c, to
issue writs OF election requiring an election
to he held 20 I'll the unerpired term of said
! office. &C.: and in the case of State office,
to give sixty DAYS notice." The Hon. John
| A, Quitman was elected Chancellor of the
State on the first Monday and day following
in Nav, 1888. By the provisions of he
| Constitution his tenn expires on the hrsi
Monday in November, 1889. He resigned
| in the fall of 1884, and Chancellor Turner
was elected to fill the vacancy occasiOned by
his resignation in December, 1884. Under
the Cons tuition and Law passed IN pursu.
ance thereof the Unerpircd term which Chan
lcellor Turner was elected to. fill expires on
the first Monday in November, 1889.
! You are therefore required to give thirty
DAYS notice, and open poll for the election
of Chancellor on the first Monday and day
following in November next, and make due
returns of the result of said election.
have quoted the Constitution and Law
governing the case, because some gentle
Imen Of the Bar differ with me in opinion on
this question. Twill commission the gentle.
man having the greatest number Of votes for
the office of Chancellor, at the November
election, 1889.
The 10th section of the 18th article pro,
yides that. "Returns of all elections by the
people shall be made to the Secretary of
State in such manner as may be prescribed
b. law" This requsition has been disre..
garded heretofore very often. Returns Of
elections by the people are frequently direct
81 =, H. (.ovarnnr This nracfice must he
discontinued.
The Cd section of the fifth article of the
Constitution provides that "The returns Of
every election for Governor shall be sealed
np and transmitted to the Seat of Govern
ment. directed to the Secretary of State, who
shall deliver them TO the Speaker of the
House Of Representatives at the next en-
suing session of the Legislature; during the
first week Of which session the said Speaker
shall open and publish them in presence Of
both Houses Of the legislature" This pro.
vision has not been complied with heretofore.