The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1872-03-28

plan Ia rendered still more Objectionable by
the circumstance that in the whole State
there Is not dozen graduates who would
accept the Office OF county superintendent
on any terms; and of the few who would
accept it, whatever may be their social char
acter, not one possesses an irreproachable
moral character they all swear, or drink,
or chew, or bet on elections, or vote the
Democratic ticket, or do some other act Chat
renders them liable to moral reproach: for
the Bible tells US " all have sinned.r Be-
sides, who IL to Judge Of the " irreproach-
able ~ Who shall pass upon the chosen
man of People? This bill does not say.
1t only says that IL he shall not possess both
IAN irreproachable moral character and q
diploma" he shall have certificate, grant
ed by the State Superintendent upon due
examination !" and that IL he shall not pos
sess the irrcproachable and . diploma, and
and cannot obtain the certificate" then his
Office shall be vacant.
1t Is very plain that the author Of this
Bill Is not willing to trust the people Of the
counties TO elect their own county superin-
tendents, and that he Is not willing to trust
such superintendents as they would elect
Nay, more. He desires the Legislature to
force upon the people the selection of men
who cannot be found in the State, by pre-
scribing qualifications for their officers
which are really unattainable on this sinful
earth and that, when they shall have failed
to find such men, the State Superin-
tendent shall have power to veto their cleo
ton by merely Withholding his ''certifi-
cate"
Suppose law were passed now requiring
the State Superintendent himself to show
ian irreproachable moral character and his
diploma" or, that in default thereof, his
Office should be declared vacant Could he
show either? 1 challenge a reply and call
for the proof. II such q law were passed,
that most learned and irreproachable func-
tionary would point at once to the constitu-
ton Of the State, which establishes, both as
right and limitation, for a benefit and q
restraint, on the people and on all aspirants
to offices of trust, the qualifications for
voters, and the qualifications OF officers
and he would be clearly and triumphantly
sustained against such law. Because, any
attempt by Legislature to impose condi-
| tons, exceptions or limitations on what the
constitution has established a. qualifiea-
ton for voters or for eligibility to elective
offices, either before or after election, would
be absolutely void. The people are, in their
collective constitutional majority or plu-
| rality, the severeigns and masters. The
constitution Is the expression OF their 1flA
and that will, so expressed, cannot be essen
| TALLY altered, limited, extended or varied
by Legislatures, Governors or Courts, or by
all these combined. These are only the SER
wants of the people, and are all sworn to
! conform all their official actions to the will
of the people as expressed In the constitu-
ton. Consequently, when the people have
| constitutionally elected any man who is
constitutionally qualified, all acts OF the
Legislature that would interpose Legislative
inventions in opposition to such election
must necessarily fall to the ground.
From all this it follows that county Super
intendents must, if not "apppoInted by the
State Board of Education, by and with the
advice and consent of the Senate" be elected
by the people of the counties - as other coUn-
| IN officers are"
But although the legislature cannot limit
or control the essential right Of a constitu.
|
stitutionally qualified candidate, it may
limit and control the appointing power II
many things. Because no appointing pow
er in free Republic can ever be, like the
People, the master and sovereign OF the
state. But on the contrary, all appointing
powers are the mere servants of the People
and the State. Consequently, whenever any
officer or set Of officers are required to &C
in any case, they act not in a sovereign bu
in subordinate capacity and therefore thu
Legislature may, unless expressly forbidden
by the Constitution, direct and control tn
manner of their action. II the duty requir
ed be an appointment, the law may step Ii
on the appointing power, at the time the ap
pointment is TO be made, In a manner ant
with a power that it could not when TIN
people are assem- bled at the ballot-box.
/ This is true of all appointing powers il
every State or in the United States. TIL
Constitution of this state Cart XII Sec. z
requires the Legislature, In general terms Il
define the respective powers" of call Off
GERS" and it specifically requires CART. VII
| Sec. 81 that the State Board of Education
shall invest and manage the school fund
& and perform such other duties as may b.
prescribed by law" But no constitution
ever authorized Legislature TO define TIN
peoples powers at the polls. They are un
der God, the Source of all power. Conse
quently, when the Legislature shall requir'
the State Board TO examine every man.
character and qualifications before they shall
nominate him for county superintendent
and to examine his conduct and characte
| frequently afterwards, and to repeat thi
| from time to time while he holds their com
| mission; and to put In and keepin only tucl
as shall be and remain honest and capable
the State Board will be not only authorized
but compelled by their oaths, by their bond
and by the penalties of the law TO obey thes'
requirements to the extent Of their ability
| Nor have the people. under their owl
constitution reserved to themselves In tn
counties the power. even IL they had the de
sire, TO associate the State Superintendent
with them in their action at the polls, anC
| divide their powers at the ballot-box will
| him, and so allow themselves TO vote SnC
him to direct how or for whom they shall
cast their ballots. Such an election would
after il should be held, be utterly void. Th'
/ following is the section OF the State Consd
tuition under which the county Superinten
dents must be chosen
aThere shall be county Superintendent
| Of Public education In each county, wh'
shall be appointed by the Board Of Educa-
| ton by and with the advice and consent o
the Senate, whose term Of Office shall be TIVE
years and whose compensation and dutie
shall be prescribed by law; provided, tina
the Legislature shall have power 70 maxi
said Office Of county school Superintendent
4 OF the several counties, elective as othe
county officers are" ART 8, SEC. 4.
| E-nr,, fhia aoofinra IL Ii clear that the oonn.