The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1850-09-14
THAT 100000 APPROPRIATION.

miitee on Federal and State Relation.
passed at u last Legislature, tina
100000 was appropriated and place.
at the disposal and control Of the Gov.
eFnor of this State, to be drawn from the
treasury upon h requisition; and to be
used, il necessary, in The adoption Of ne.
cessary measures for protection; Ct the
constitutional and sovereign right Of the
State in the event Of the passage, by the
Congress Of the United States, and the
approval, by the President, Of any bill
containing the Wilmot Proviso, as ap.
plicable 10 any Of the territories Of the
United States, or Of any law ab~olishing
slavery in any State OF territory; or in
the District Of Columbia, or the slave
trade between sad distic, and any Of
the States; provided upon the happening
Of either these contingencies, the Cover.
nor has the power to dispose Of said fund
or a suficiency thereof TO answer his re-
QUESTION. Has either ofthe consequent
ces happenedl To ask the question is a
sufficient answer, for all know that
Congress has moi, as yet, passed any
such law as contemplated, nor has any
such been approved by any President
since the adoption Of the resolution. If
we be correct in our view as above ex.
pressed, the Governor has no right to
draw on the treasury for one cent o fthc
land, 10 be paid to the delegates of the
Nashville Convention. But the Cover
nor under the 18th resolution, is entire.
y relieved Ofthe difficulty Of determin-
ing his power over that fund, although
by the Proviso to the 9Th resolution it
appears to have been set apart as the
fund out Of which the delegates was to
be paid.
The 18th resolution authorizes the
delegates to the Convention to draw
from the treasury upon the certificate
Of the President of the Convention, the
same per diem and mileage as is now
allowed by law 10 members Of the Leg
islnture. II there be no constitutional
objection 20 drawing money from tic
treasury to pay a portion Of the dele.
gates; is not the appointment Of mem.
bers Of the legislature to the convention
opposedto the constitution? OF the num-
Der appointed, four we're then and still
contiue to be members Of the legislature.
These were clearly ineligible to the Of
fee Of delegates, as will be seen by rel
erence 10 the constitution.
No member of either house Of the
Legislature, after the GTst SESSION
Of the legislatu re after his election, and
during the remainder Of the term for
which he is elected, is eligible to any
office or place, the appointment to which
may be made either In whole or in part
by either branch Of the legislature"
Here was an Office, place or appoint.
ment, created after the meeting Of the
Legislature. within the meaning of the
above clause Of the constitution and
four Of the members Of the legislature
who created the Office, were elected to
fill the office.
The trainers Of the constitution insert
ed the clause just referred to, for the
purpose, no doubt, Of preventing just
such occurrences as that of the legisla.
ture creating offices and voting in their
own members TO fill them. But it may
be said that we cannot look behind the
appointment o fthese delegates. In The
conclusion ofthe Declaration OF Rights
10 U constitution, it is said that "al
laws contrary thereto, or to the following
provisions, shall be void" The follow
ing provisions" are the constitution one
clause of which is quoted above. W.
have seen that all laws contrary 10 the
constitution, are absolutely void: tina
the election OF members ofthe Legislature
to the Nashville Con vention is agains
the constitution: that they cannot, ant
will not claim the per diem and miIag,
of members Of the Legislature, OF whicI
they form a part. II a thing b, void
we cannot see how a valid act can b
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