The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-02-23
Special Message OF the Governor
in Relation 10 On1ce-h0Hders.


Special Message OF the Governor
in Relation 10 Onice-hoIders.
To The Senate
GESTLENEx-Herewith I retarn to the
House in which it originated Senate Bill
No. Is, entitled saa Act 10 repeal certain
portions OF an Act entitled san Act 20 pro-
Town, County, District, or other public OF.
| fees in the State, and for other purposes!
My objections TO the bill thus returned
| are as follows:
takes to repeal may be supposed, on surface
view of the question, to be in conflict with
the Constitution. As this supposition may
have entered into the reasons calling for the
proposed repeal. ] shall take leave TO show
here that the superstition is a violation o.
fundamental principle and settled practice
Article 6, Section IL, of the Constitution
says: 1.-THE Judges of the Circuit Couri
shall be appointed by the Governor with
the advice and consent of the Senate and
tshall hold their Offices for the term Of sfz
gears
Article VII, Section III, declares that "the
/ term of office of the Judges of the Supreme
Court shall be nine years." Is the six year
! term in the first of these cases, or the nine
years term in the latter. fixed In references
| to the Of1ice-holder absolutely?
Section % of the Bill of rights, bill OF
rights not of office but OF The people,
says: mo person shall ever be elected or
appointed to any Office in this State for life
or during good behavior, but the term of all
offices shall be for some specified period" -
And thus do we understand the term fixed
for public Office in the Constitution to be,
not a guarantee in the interest of the officer,
but a limitation an the iRteres. Of the people
While that Limitation is absolute in refer
ence to the rights it is designed to protect,
it may be shown by the very text of the
Constitution not to speak of the expediency
of things which enter into the construction
of that text, to apply. in reference to the
rights of the offiee-holders, conditionGlly.
The conditional application of the term of
Office in reference to the officer, is seen
where Article vi, Section V, of the Consti-
tuition, provides, in the case of the Supreme
Court, for the filling of vacancies OCCASION
ed by death, resignation or remoUaL"-
That the term of Office applies TO the officer
conditionally may be seen again where
Article w, Sections 3 and 80, makes all civil
officers, Judges included, liable under trial,
by impeachment to removal from Office
That the tenure of office is not only limited
in the interests of the people, but that it is
subject even during the period of that limi-
taton, to conditions in the interests of the
people, is still seen more broadly where
Article w, Section 81 of the Constitution
provides that " For reasonable cause which
shall not be sufficient ground for imp. ach-
ment, the Governor shall, on the Joint ad-
dress of two-thirds Of each branch of the
Legislature, remove from Office the Judges
of the Supreme and inferior Courts" And
this condition of the tenure of office is made
to apply, be it remembered, TO the case of
officers of State who stand before the Gov
ernor and the Legislature covered with the
Constitutional Independence of distinct
branch of the Government.
Pass from those high officers OF State who
are protected by the special Independence Of
a coordinate branch of the Government to
the class of officers, who, the direct subordi-
mates of the Executive, are the subject of
the Act in question, the legal view Of the
subject in that case is as follows:
Article vi Section 10 of the Constitution,
says: And the Clerk of the Circuit Court
and the Clerk of the Chancery Court shall
be elected by the qualified voters of the sew
eraf Counties and shall hold their office for
the term Of four years" Article vi, Section
20, declares that the qualified voters of
each County shall elect five persons by dis
tricts for the term Of tloO years who shall con-
stitute Boards OF Supervisors for each Coun-
ty.' But Article vi, Section &c, shows that
neither the four years term in the one case,
nor the two years term in the other, are put
otherwise than professionally when it says -
CLERKS. Shcriffs and other County officers
for willful neglect of duty or misdemeanor
in office, shall be liable to presentment or
Indictment by the grand-jury and trial
by the petit-jury. and upon conviction Shall
be removed from office" To cite the term
of office fixed in the Constitution by way of
limitation in the interests of the people,
against the principle of removal from Office
in the same interests, is shown by the next
foregoing provisions to be what logicians
call arguing in circle, to be, in fact, citing
the Constitution against itself.
The right of removal being reserved ex-
pressly in the fundamental laws. the ques
ton arises TO what extent does that apply?
Article V, section q says: . A sheriff, cor
oner, treasurer, assessor, and surveyor, shall
be elected in each county, by the qualified
voters thereof, who shall hold their offices
for two years, unless sooner removed" What
is the scope of Il csc general terms: - unless
sooner re1noved?" Article V, section p,
says: . All officers named in this article
shall hold their offices during the term for
which they were elected, unless removed
by impeachment or Othertrise." What is
the scope of this general term otherwise 20
Three forms of proceeding in removal from
office are specified in the Constitution. Is
there any reason in the text of that instru-
ment for suppOsing that the specification of
those three forms excludes all other forms?
Removals by proceedings under the writ of
QttO tcdrTdRtO are certainly not excluded
10 suppose the exclusion of these proceed
ings were to suppose the absurd. And as
the specifications of the Constitution are
seen thus not to limit the right of removal
we are led irresistibly TO the conclusion
that the only limit to that right lies in the
principle which interprets all Constitutions
under the light of the essential expediencies
Of things.
The right Of removal brought within the
operation of the essential expediencies of
the working of our government in the in
terests of the people, let it be asked:
If subordinate officer Oughtto be remoY-
ed on the close of proceedings by impeach-
ment, should his wrong-doing be allowed to
90 on in all cases under the positive knowl-
edge of the Governor, until meeting of
the Legislature? Would such a course be
in consonance with the principle which in
terDrets tile Constitution in the interests
not of the offiee-hol6er, but of the people,
under the light of essential expediencies of
its workingsI
If county treasurer appropriates 5000
of the public money out OF one months re-
ceipts, must the Legislature be held exclu-
ded from giving power TO the Governor to
intervene, rather than permit that treasurer
to appropriate $1,000 more out of another
months receipts, pending the sitting of
grand jury, or meeting of the Legislature?
If an assessor of taxes is shown to be in
competent or corrupt whereby the State is
defrauded of her revenues, or the tax-pay-
ers of the county outraged, must it be held
that an Indictment followed by "the laws
delays" or an appeal to the Legislature at
cost of two thousand dollars q day, to try
the case, constitute the only agencies
through which the State can look for deliv-
GRANGE from a corrupt or incompetent min
isterial officer whose continuance would be
Injurious to the revenues of the State p
Would such a rendering be in consonance
with the principle which interprcts the Con-
stitution in the interests, not OF the office
holder, but of the people, under the light
of the essential expediencies of the sys-
tenn? ea5
The right of the Legislature to give the
Governor power TO remove his subordinates
from Office does not rest on abstract deduc-
ton. L. is well settled in practice The
old Constitution says, in Article ", Section
IS, "A sheriff and one or more eeroners. q
elected in each county by the qualified cleo |
tors thereof, who shall hold their Offices for
two years unless sooner removed" The