Piney Woods planter. (Liberty, Mi. [i.e. Miss.]) 1838-1840, 1840-01-18

to vote on amendments, proposed
pursuance OF the provisions OF o.
is Organic Law.
Il am Of opinion that Conventic
il will not be called for many years
{. change the Constitution. The peop
n are well awar, that innovations do NJ
c always prove salutary, and altho' d.
d fects are admitted to exist, they ar
Z not of sufficient magnitude, to warran
!. us in going into Convention for tn
d purpose of correcting them. Many q
+ the evils arising out of our present sy:
t tenn have been caused by our culcabl
I negligence in moulding the laws so a
to conform to the acquisitions of thu
: Constitution. deem i. my duty t.
f call your special attention to the vari
: Gus sections which require your con
, sideration.
In most Of the acts incorporating
our cities and towns, Executive, Leg
islative, and Judicial powers, arc blen-
ded in the Mayors and Presidents OF
Selectmen. This is clearly in contra
vcntion of the second article of the
Constitution. 1t may well be ques-
toned whether the benefits arising
from the incorporation of many of our
towns, compensate the people for the
heavy burthen imposed upon them, by
the additional taxation required to
support the municipal governments.
No law has been passed. providing
sufficiently for contrasting the elections
Of members OF the Legislature. Nor
have laws been enacted, providing for
contesting the elections OF any of our
Executive or Judicial officers, except
those of Governor, Sheriffs and Justices
Of the Peace. Several cases of lille
gaiity in conducting the late general
election, as well as of fraud on the
part OF the Returning Officers at the
several precincts have come under my
notice, and no power is found in our
Statute Books, to correct the evil.
submit to your consideration, the pro-
priety OF remodeling the whole Of our
election laws, and Of inserting such
new provisions, as viii cffectually pre-
serve the purity fthe elective fran
chise. The power should be taken
from the Sheriff Of appointing the Re-
turning Officer, when he is candidate
for reelection, and every person who
is a candidate for any office. should be
from acting as Inspector OF
an election or conducting the same.
AT present, the Sheriffs arc required
to forward the returns of the general
election, to Secretary of State, within
fifteen days. The law does not pre-
scribe in what manner they should be
forwarded. Five days from the com
Of the election would be
sufficient to enable the Returning
Officer to make up and forward his re-
turns. Isubmit to your consideration,
the propriety Of appointing d board of
Canyassers for each county, as well as
a Central Board to canvass the votes
polled for State Officers. Some fur
thcr Legislation is necessary in rela-
ton to the appointment Of Clerk of
the Superior Court OF Chahcery. No
provision is made in the Constitution,
for the appointment of Clerk Of that
Comt. The act approved, December
18th, 1888, limits the tenure of all Off
ces not otherwise provided for, to four
years. The act providing for the APP
pointment of Clerk Of the ChanceryI
Cour,, does not limit the tenure of his
Office. An act Of the last session. divides
the State into three districts for hol-
ding the Superior Court Of Chancery,
but makes no provisionfor the appoint
ment OF Clerks in the second and third
districts. The safe keeping of the re-
cords, and the despatch Of the public
business, demand that provision should
be made for the appointment Of a
Clerk in each ofthose districts. can
see novalid reason why the tenure of
the office of Clerk ofthe Superior Court
of Chancery, should be longer than
those OF the Circuit and Probate
Clerks.
The 18th section ofthc 7th article
Of the Constitution, makes it the duty
OF the Legislature, to regulate by law,
the cases in which deductions shall
be made from the salaries of public
officers, for neglec, of duty in their
official capacity, and the amount of
such deduction. Further action is re-
quired to carry ;nto full effect this re-
QUESTION.
The 10th section ofthe 9TH article
provides that "The Legislature shall
direct by law, in what manner, and in
what courts suits may be brought a.
gainst the State This would seem TO
confer upon the Legislature, the pow
or OF prescribing that such suits might