The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1870-06-16
Members OF ghe Legislature Aneh-
igfbIe 90 ImdfcIaI Offices.

Members OF 9he Legislature AmeH
igfbIe 80 Jud1cIaI Offices.
A large number of appointments OF
members of the Legislature to Judicial
offices have been made by the Governor.
The practice is clearly in violation of the
letter, as well as the spirit, of the consti-
tuition. The independence of the several
departments of government, is distinc-
tive feature of the Republican SYSTEM
This principle is violated whenever the
Executive department subsidises the Leg
islatiye in the distribution of patronage
among its members. To guard against
this abuse, the people of several of the
States have expressly declared in their
constitutions that ''no person elected to
''the Legislature shall receive any APP
''pointment from the Governor during the
STERN for which he shall have been elect
'ed." The new constitution of this State
is not SO broad in its prohibitory features;
but it imposes conditions upon the prac-
tice which if observed would have pre-
vented the appointment of members of
the present Legislature tojudicial stations
This position is clearly demonstrated by
a recent article in the Brandon Republic
can, to which we ask the attention of the
reader. 1t will show the respect the men
in authority have for the constitution Of
their own creation:
"In the case of Acorn Us. Shelby (36 Miss.
Rep, page 273,) at the October term, 1858,
of the High Court, it was held that no mHm-
Der of the Legislature could hold the Office
of Levce Commissioner which had been ere
ated by the body Of which he was member.
The present Constitution contains similar
provision to the one under which this de-
cision was made.
Sec. 3S, Art. /, of the present Coustitu-
ton, declares mo Senator or Representa-
tive, during the term for which he was elect
ed, shall be appointed TO any Office of profit
under this State, which shall have been Gre
ated or the emoluments of which have been
increased during the time such Senator or
Representative was in office, except to such
offices as may have been filled by an cleo
ton of the people, Art. Con the Judi
ciary-throughOut, pre-supposes the exist
ence of Circuit Courts, at the time of its
framing. Not one word is said about ere
ating or establishing Circuit Courts. All
reference to them pre-supposes their exist
ence. See sections II, II, l3, If and ID
Therefore, it is clear that the Circuit Courts
were in existence and established ut the
adoption of the Constitution and recognized
by it. The salaries of the Circuit Judges
were $500 at the commencement of the
present session of the Legislature. That
body has increased the salaries to $500
Hence 10 Jo!to,sS that the Legislature hariHg in-
creased the salary, no member thereof is eligiJie
to the office Of Circuit Judge-lti,less elected Ly
he people, 'rl.ch The consultation JorJjds.
''As to Chanccllors. Before the adoption
of the present Constitution there were no
Chancellors. The Circuit Judges held cham
Gerry courts and performed all the duties of
ChanceIors. The present Constitution does
not create the Office of Chancellor. 1t only
gives the power to the Legislature to create
and establish them and makes it mandatory
upon it so to do. without legislation they
would not exist. The Legislature, I'm ODE
dience 70 section 1G, Art. 6. has created and
established those courts and fixed the sala-
ries. Hence, it is clear that the Legislature
having created and established these courts,
no member Of that body is eligiJle to the office Of
Chancellor.
GAS to Justices of the Peace In the dis
tribution of powers, Art. 3, sections ] and ,
of the present Constitution, it will be seen
that no member Of the Legislature can act as
Justice Of the Peace at The same time Indeed,
it applies with equal force to other oiiices.
"Section l declares That "the powers of
government of the State of Mississippi shall
be divided into three distinct departments,
and each of them coniided to a separate
body of magistracy, to-wit: those which
} are legislative to one; those which are judi
cial to another; and those which are exec
utive to another.
"Section ,. No person, or collection OF
persons, being of one of these departments,
shall exercise any power properly belong
ing to either of the others, except in the in
stances hereinafter expressly directed or
permitted
The Constitution does not direct or per-
nit a member of the Legislature to be eth
er Judge, chancellor, or justice of the peace.
| --@$-~-b~