Lexington union. (Lexington, Miss.) 1838-18??, 1841-10-02
EXECUTIVE DEPARTMENT.
CRY OF JACKSON, August 26, lo4l.I

~ ENTLEMEN-Ihe Constitution
GT provides that the Governor "shaIl
take care that the laws be faithfully exc
culed." have, therefore. thought proper
TO advise YOU what Officers are 10 be cleo.
ted at the next General Election, and to
direct the manner in which the election Is
10 be held, the returns thereof made, and
the bonds of the officers then elected, eN~
ecuted and approved. Different opinions
prevail as to the expiration Of the terms OF
Office of the Judges aud District Atior-
neys, elected to fill vacancies occasIoned
bv death, removal, resignation, and Hc
creation of neU Judicial DiStricts-aIso,
in relation to the tenure OF the Offices OF
county officers, elected under the same
circumstances.
The llth section OF the 4th article Of
the Constitution provides that "The judy
es of the Circnit Court shall be elected by
the qualified electors of each Judicial Dis,
trict, and hold their Offices for th? term of
four years, and reside in their respective
districts" The 2jlh section specifies
that "There shall be an Attorney Gener
al elected by the quilted electors Of the
State; and a competent number OF DIS,
,r,ct Attorneys shall be elected by the
qualified voters of their respective dis
trIcts, whose compensation and term Of
service shall be prescribed By law" The
law presclibes that those ofiicers shall BE-
elected for the term OF four years. The
ooh section Of the same article provides
that "The qualified electors Of each conn.
~ shall elect five persons, for the term Of
two wears, who shall constitute Board OF
Police for each coCnty, majority OF
whom may transact business" And the
23d section directs that g competent
number of Justices Of the Peace ard
Constables shall be chosen in each coun
ty, by the qualified electors thereof, by
districts, who shall hold their offices for
the term of two years" The Conslita.
ton and laws require oil other county Of
ficers to be elected for the term two
years.
The Constitution further prescribes that
" All vacancies not provided for Ia the
Constitution shall be filled IN such manner
as the Legislature may prescribe" The
schedule of the Constitution provides that
the first election, for all Stale and county
officers, under the Constitution, (membets
OF the Legislature eXcepted,) shall be
held on the first Monday, and day follow
ing in May 1888; sand tie o6Jcers then
elected, shall continue in office until tie
succeeding general election, and after, IN
the same manner as ftte election had taken
place at the time Inst JorcSaid." The
succeeding general election took place on
the first Monday and day following, III
November, 1888. The ID section OF The
act "prescrIblng the manner Of filling va
oancies in public offices" provides "lhat
when any vacancy shall occur In any
State Office, &c. when the uneXpired term
thereof shall have more than one year to
run, it shall be the duty Of the Governor
&c, to issue wrils Of election, requiring an
election to be held TO ill the aaeJpircd
term Of said office, &C., and in the case
Of State officer, to give GO days notice.
The clause quoted from the schedule to
the Constitution, clearly indicates that 1t
was the intention Of the trainers of the
Constitution, that all State Officers, judy
ges, District Attorneys, and all County
Officers, should be elected at a genera
biennial election. The act of 1888 pro
vdes for filling vacancies occasloned BY
death, removal, resi-, laion, or otherwise
The term or otherwise clear y embrace,
vacancies occasioned in the offices 0
Jud ges and District Attorneys, by III
creation of nep judicial Districts, and va
cancies in County Offices, occGsioned by
the creation Of new Counties, new Dis
tricts, and new offices. AT the period o
the adoption Of the Revised Constitution
in 1882, there were but -four Judicial Di,
tricts. Seven Districts have been crea
ted since that period, and in no instanc
were the Judges and District Attorneys o
the Districts first elected at a Genera
Election. If The construction of the Con
stiuton prevails, that Judges and Dis
trict Attorneys, elected to fill vacance
occasioned by the creation oil new Dis
tricts hold their offices for four years, an,
County Officers, elected 10 fill vacancies
occasioned by the creation of new Conn
ties, Districts and Offices, hold their off
ces for two years, the intention Of the fra
mers of the Constitution would be defeated
but very few officers would be elected a
the General Eection-and elections
instead of being biennial would be week
ly.
The Constitution Of the United State!
prescribes that members of the House
shall be elected for two years; yet, wher
a new State is admitted into the Union
.Lo ,onn,har alactad onIv hOldu hiS o0ice