The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1870-07-07
G. w. c. LEE,
Col. and A. ID. c.
To THE PKrsrDFSr.
The Special Election A1aW----Ats
UncOnSfifutiOna 81


The law published in the CLA-
ROY, of June I'd, providing for cleo
tons to fill vacancies in the Legislature,
is clearly in violation of the State Con
stitution, and ought to be supplemented
so as to make it accordant with that in
strument.
Sec. 3, of Art. Z, declares that ''the
Legislature shall provide by law for the
registration of all persons entitled to
"yote at any election and all persons en-
"titled to register shall take and subscribe
''the following oath or affirmation: do
"solemnly swear that | am twenty-one
s'years old; that l have resided in the
estate six months and in the county one
''month, and that will faithfully support
s4the constitution and laws of the United
Estates and of the State of Mississippi. "
Now, the Legislature, instead of ''pro-
s'viding for the registration of all persons
'tentitled to vote" in the special elections,
have violated the Constitution by passing
an act requiring the old registration lists
which were made out under military rule
to be hunted up and used in the election.
Sec. 4, directs s'the Secretary OF State
'eto transmit to Sheriffs the registration
's5ooks prepared under the direction Of the
Military Commander Of the 4h District,
tand six days prior 10 holding said cleo
stion the Sheriff shall deliver to said
Commissioners said books and they shall
'smeet at the Court House and revise and
correct the sane for a period of three
''days by the addition of persons who
''may have become legally qualified vo-
''ters since the said books were last re-
''vised and corrected"
Under the constitution what business
have commissioners of election with any
of the machinery, or instrumentalities OF
the old reconstruction laws administered
by military commanders? Those acts
were framed for specific purpose, under
wholly different state of facts from
those now existing The constitution
prescribes who are voters, and directs their
registration cat any election" but the
Legislature has evaded that instrument
and brought into requisition the effete
agencies of the Military commanders. -
The reconstruction acts required an oath
wholly different from the one now in force,
and if the old reconstruction registered
voters vote without registering under the
new constitution and taking the oath
which it prescribes, they will do so clear
ly in violation of art. z, sec. 3, of the Con-
stitution above quoted The only class OF
persons who will vote in accordance with
its provision are those who 'may have
"become legally qualified voters since the
Registration books were revised and cor
erected" preliminary to the last elections,
for they, and they only, will have taken
the oath prescribed in the constitution.
1t is needless to add that. this class will
embrace all persons who were denied the
right to vote in the reconstruction cleo
tons, and are prohibited from holding
Office by the 18th amendment.
To these observations on the unconsti
nationality of the Special Act of May
23d, we will add timely statement fur
nished by legal friend, showing who
are voters under the present constitution
of Nississippi