New national era. [volume] (Washington, D.C.) 1870-1874, 1873-12-11


ton that he would support the regular ticket;
Atty Gen. Morris made a speech in which
he pledged himself in the strongest manner
to do the same but Mr.. Carter bolted, and
announced himself on the last night Of the
convention, at separate meeting at which
Ex-'ov. Alcorn spoke, as an independent
candidate for Governor. But when the AL
corn convention met on the 18th of Septem-
Der, and refused to nominate him as their
candidate for Governor, he hauled down his
Independent flag, and remained silent during
the canvas, taking no part whatever in
favor of Gen. Ames, thereby giving sort of
silent support to Alcorn. | believe, how
ever, he voted the Ames ticket with the ex-
ccption of our candidate for Superintendent
OF Public Instruction, with whom he is at
variance. Doubtless he did this for fear of
being forever classed with the Alcorn boilers
few days after our convention, il was in
timated that the Governor intended calling
on the Attorney General for his official
opinion as regards the constitutionality of
our present election laws. We anticipated
the nature Of the opinion, and were not sur
priscd when It was given adversely to the
election law. This created stir in the
minds of all concerned; and opinions were
fully given members of the bar and others
some agreeing with the Atty Gen. and
others charactcrzing it as mere subterfuge
because he failed in securing the nomination
for reelection. And it really seemed so to
di>intcrested persons, as the question had
never been preached until after our full Re-
publican ticket had been made and the Atty
Gen. left out. One thing seems highly
probable: If Powers, Morris, and Carter
had been nominated, the opinion of the
Atty Gen. never would have been called
for on the question; Morris never would
have given the opinion and Carter would
not have been opposed to the election.
contend that our constitution never was
ratified by Congress. 1t was ratified by the
people in 1869, and merely accepted by Con-
gross in February, 1870. Gen. Ames, as
Military Governor, issued his proclamation
on the Goth Of December, 1869, q think
announcing that the constitution had been
ratified by the people and under that con-
stitution the legislature assembled on the
first Tuesday in January, 1870, and ratified
the amendments as required under the recon-
struction acts, and proceeded to enact laws
for the State. Our State officers wore in
stalled on the 10th of March, 1870, but the
commencement of their official career dated
back to the first Monday in January of that
year, and they drew their salaries from that
period.
am no lawyer, and am unable to view
the question as members Of that profession
do; but while few members of the bar
have agreed with the Atty Gen., full as
many, if not more, have given exhausted
opinions that the law is constitutional and
the election valid. In the Atty Gems opin-
ion he adroitly advised the Governor to call
the legislature together to repeal the act,
stating that it was not a judicial question.
Before the legislature assembled, leading
Democratic members were outspoken in their
opinion that it was an outrage upon the pco-
pie to call the legislature together for such
purpose at an expense to the State Of 81 800
Il day, when the Supreme Court could easily
settle the whole matter, and which was the
proper tribunal to which it should have been
referred. But you know, perhaps, that legis-
laturcs can sometimes be more easily con-
trolled than the courts. When the members
assembled in Jackson, the democratic portion
saw plainly that if the election was post
poned, 4 serious, if not fatal division, would
be made in the Republican party, the lash
was applied, and nearly all of them, aided by
Mr.. Carter, (who resigned his position as
od interim Secretary Of State, to take his seat
in the legislature became blatant opponents
of the election law. They succeeded in re-
pcalns the act in the House, but the Senate
stood firmly in favor Of law and order, and
refused TO concur with the House. The
election was held, the people spoke, (whose
"will is law of the land, y and Gen. Ames
and his entire ticket elected by over twenty
five thousand ajority-Messrs Hill and
Cardoza leading the majority by several
thousand.
In this communication l have made no
reference to authorities, though we have
them in abundance sustaining our position,
prcfering legal minds to discuss the question
in that manner. l have given you practi-
cal view of the situation, and the one which
is taken by disinterested persons.
Our members of Congress are elected in
even years, and our State, county, and pre-
cnct officers are elected in odd years all in
strict conformity to the Constitution and
election laws Of the United States and of
Mississippi; and the only way to bring them
together in the even years and avoid annual
elections, to which every man in the State
is opposed, is TO submit an amendment TO the
Constitution either abridging, or lengthen-
ing the terms of our local officers one year.
As regards the opinions of the ATTY Gen.
never being reversed by the Supreme Court
of the State, am not prepared to deny, as |
do not remember Of an important opinion
being referred to the court for decision. But
Of one thing | am ready to wager, and that
is that no Attorney General OF any two
States in the Union has ever given as mapy
opinions as ours in the space of time. The
| Matches Post thinks the Atty Gen wants to
be the whole State government-so prolific
has he been in has opinions. WHY, thew are