The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-06-12


against colored citizen, deem f. u.. d0,.
to call the attention Of the legislative srt
executive departments Of the G0veruu.,.
and the attention Of the public at hrg. p.
those far more important cases than b.
present. in which the rule has been DaIr.
bly, and repeatedly disregarded. / DO \.
not for the purpose OF throwing blame uU..
any department or individual, but ur...
purpose Of again asserting, H- 1 hlyeUr..
done before, that under thc uFremr I.s...
the land there can br no ttn mrp.ur. .
Justice, one for one citizen ur class of ..
zens, and another for another pi.g.
or class of citizens. Whatever r.
be the conventional rules prescribed Hsr.
free tastes Of the people occupying IH..
ent circles Of society, equality under ...
constitution and before the Law e HN.....
and without exception,
Fearing that the public might ouu.#..
the ruling against Mr.. Griggs a- % r...
against the race of which hc b. IeE....
tative man, and that IL might Doe reEIr...
Indicating the existence of dlspU- .... ..
the part of the government to SD DOB
stricter rule OF construction for Nr. Gr....
than for others, / have examined .l.
iect with an anxious desire tJ reconcile. .
case and the others alluded 60 WItl U..r.
DabIe prohibitions of the tuu-liJuI.u.. ...
regret exceedingly that have been un...
to do so. Section 80 81 article ~ Us a.. I
lows:
mo Senator or Representative, dunn
the term for which he was elected. -... b.
appointed TO any office of profit uuU....
| State which shall have been created .r ...
| emoluments OF which have been .uOr....
| during the time such Senator on E.Ir.-.
| tattye was In office, except 10 such UH.. .
may be filled by an election of thg I0..
This cause is copied substantially ..
section 6 of article Ill OF the tUH........
! of 1882. It's object Is maniiesty tu U....
| from the members of every Legislature. W..
| dividually and as body ail Temptation
create offices or fix salaries merely ... ...
own advantage. Bearing this object.
| tended by the trainers of che Constitute.
constantly In mind, we shall have Un #...
! cultv i'm refuting every argument hyN.
! IL can be attempted 60 defend on a|E.
| the induction OF any member of tHe I....
| lature in.o any office created ur OH. ....
pensMtion Of which has been created .r ..
| creased by the Legislature OF which .0H ..
| a mem Der, except by election of One UU.U.
| or by appointment after the tAprUu.
the term for which such member Wa. g.u...
| TO serve.
| In the first place, no distinction Hl. .,..
/ SO far rs / know, been taken between .. .a.
pointment as contemplated by tuu -U....
| quoted, and an election cOutcmuIa'..
| section % of article MI. lu lNu UI....
| Alcorn Va. shelby, the proceeding Wa. ..
! election by the Board OF Police ruUHH..
| by means of votes taken by ballot I
| was held 20 be an appointment. INr ..U.
| election and appointment are, DOB iNr ....
| i'm which they are used BOB the TWO -..I....
| cited, convertible and syuouimuu- t...
! See Worcester's, Webstcr's and H0W.U.
dictionaries.
| Secondly. the Office Of Comm -luu.
| immigration aud Agriculture WH- .ru.a
| by the Legislature, and not u- BIAS NrUu-...
| gested, by the Constitution, which U'uN
| for such an Office The Constitution U.
! vjdes for many things which DO docs uUr ...
ate; as, for example, judicial district
| public schools. and the like. Iu tIU-. .l...
| as ia the one before us, merely c1muIH
| that the thing spoken of shalt Doe create.
| This was plainly the understanding OF M.
| Legislature In respect % this oilce D.rIH"
/ the act is entitled ''an act 10 create lue U'N.
| of Commissioner etc.
| Thirdly, the creation Of the salary Boo t.a
| case brings it rs clearly within thr truu. "a.
\ the section quoted, rs t the salary U.l .U..
| merely 'iucreased.' There was. previous
| to this act, no such Office. and, Of gNUr.u. r.
! had no salary. The Legislature mUIu nh.
/ office, and by the same act made tuc salary
| $1,000 per annum. The reason Is -.IUu-"
why member shall not draw y u.u.
| which, not existing before, was cryI.rI b.
/ him, than one which, existing bciur. $3.50.
/ merely Increased by him. 10 would ..
| ridiculous TO suppose that man mIa. '
| tempted corTuptly TO increase an oId .H.0"
1 and never TO create a new one, cog InI0 N...
| EOTIuDLIy luGIfAnEQ Ills NlAlWANllI' |'..#
should preclude him, and yet Dee hu un..
no restraint against corrupuy creating a
unheard Of office
Lastly. The exception stated Zoo Doe .u.
ton in favor of elections By the punu..
necessarily excludes all other elections
Neither the strength nor the clcIruU.. ..
this proposition can be aided hy argument
Inasmuch, therefore, H- Mr.. Grigg- WH..
member Of the Legislature which Dr...
TINS once anu its salary, hud elected ..H
from his seat Ia that body to Hll TO-, hi ....
ton is unconstitutional and utterly and ...
solutely void. See Alcnru VS.. SHELBY.
Mississippi Bepor s., 273. Aud tIIc UH..
acts of him and all persons Boo like uruII..
ment are not and cannot bee made Valid
the acts OF even an officer de t0ctY. huI
void ab tHitiO. ana will bc So held uhH....
they come, even coll literally. boo question.
Very respectfully,
Your Ubudieut servant.
D. IS. MuEu#
Attorney General