Vicksburg weekly herald. (Vicksburg, Miss.) 1868-1883, 1870-06-18


scenes Of the many scenes dis
graceful which have been enacted
by the Legislature now in session
in this State grew out Of the ap-
pointment to one Of the Judge
ships, W. Ben. Cunningham, car
pet-bag member from Madison
county. This man.. like q perfect
official leeCh, as all Of his ilk are,
desired to be continued in the pos
session Of his seat in the Legisla,
ture to the very latest moment,
and although he had filed his
oath Of Office as Judge in the Office
of the Secretary of State, he crept
in there, distracted the oath and
destroyed 1t, hoping thereby to
retain the per diem and other
perquisites Of his Legislative pO.
sition to the very last moment.
This conduct subjected him, as it
should in justice, to the severest
criticism from his own party.
Even the colored members, whom
these carpet. t.baggers boast they
lead by the nose, were full Of in.
dignation and loudest in condem-
nation. This scene of itself
should prevent Governor Alcorn
from making such appointments,
even If he was not absolutely prot
hibited from so doing by the pro-
visions Of the Constitution.
For a man of his accredited
ability, genius and research, Gov.
ernor Alcorn knows less of law,
or regards it less than any man in
the State.
There can be no proposition
palmer than that Governor Al
corn is absolutely prohibited by
the Constitution from appointing
members of the Legislature to
Judgeships in the State.
If he has examined the law bis
action shows that he has been
terribly overrated, or that he has
determined that his will shall be
supreme, and that he will over.
ride the law. Or ifhe has not ex.
amined he has failed to perform
his duty in thus blindly plunging
along, entailing endless litigation
upon the people by his mal.ad
ministration.
Take either horn Of the dilemma
you please, and it is clear he is, il
this respect, if in no other, not the
right man in the right place. Sec
tiOn SS, Of article 4, Legislative de.
partment of the Constitution,
says:
"No senator or representative
during the term for which he was
elected, shall be appointed to any
Office Of honor or profit under the
State, which shall have been
created, or the emoluments oI
which have been increased during
the time such senator or repre-,
sentative was in Office, except to
such Offices as may be filed by
election by the people"
The present Legislature has
created these judgeships. They
were never created before. I. il
true the Constitution requires thai
they shall be created, aud specially
commands the Legislature ts
create them. The authority fol
this is in the 18th and l7th section.
of the sixth or judiciary article
The thirteenth section commando
the Legislature to perform this
duty, not by letter Of the law, but
by the spirit Of it, since the OrdeI
is made, and there is no otheI
power authorized to do 1t; but il
the seventeenth section the Legis
lature is directed in this language
&" The Legislature shall divide thu
State into q convenient number o.
Chancery Districts" There, then
is a direct command to the Legis
lature to create. Itmay be argued
that the delegation Of this au
thOrity by the Constitution is
creation, Of this position, by tina
instrument. We entertain q differ
ent opinion. The delegation o
power by the Constitution to tht
Legislature is q constructive decIa
ration in the Constitution that i
possesses the right and power
but it valves all this, for the SAX,
of ampliflCation in special and com
prehensive enactment, and EN-
powers the Legislature. Tit
whole letter and spirit Of the Con
l a. "a