The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-06-26
Letter from Insgc Chandler.
The OpfmfOn OF the AItOrney-tien-
eraI In Ihe GriEgs Case
Reviewed,
R.ysr.LouIs. Mss June l6, 1873.

your opinion asserting the ineligibiiity of
the Commissioner OF Immigration ana Ag-
rieultnre YOU have gone outside oi the re-
cord TO make a ding at officers who are not
parties to it. 1 am still more surprised 10
lind an intelligent press apparently accept
ing witout question your utteFancts a. ia" !
But am not astonished that portion OF tnAl
press-in these troublous times When VIC :
ience and VituperatIOn seem TO De preferred
| 70 reason and OBSERVATION-DISCLOSURES forget It's
high mission and put your "oplnIon 10 Il
partisan use, by making it the preteX Tor
| ungenerous imputations upon officers not
heretofore deemed assailable. With char
ity that complains not of injustice un-
thoughtedly perpetrated, venture TO point
out to you some reflections that evidently
| escaped you in the preparation OF TINS
You claim that Mr. Griggs is ineligible
under section 80 article OF the Constitu-
ton, which is in these words,
| NO Senator or Representative. during
| the term for which he was elected, shall be
appointed TO any office of profit under this
| State which shall have been created, or the
emoluments of which have been increased.
| dnrip0 the time such Senator or represent
i arrives was in office. except TO such office as
| may be filled by AN election OF the people.
/ The most casual reader will perceive that
| this section contains two causes OF ulsquall-
! tcation. a ). major or Repre- -entative. dur
/ NO this. time for which Was created by the
/ roi lat re of which he MAS member;
/ and in like manner they incl gtble To
/ an affice whose emolumeuts have been in
/ creased during their term OF service.
/ You see proper to place Mr. Griggs ineli-
| ribiIity upon the first named ground, or
| iIpon both grounds, with just as little dam
ave 70 your reputation as law1 eT. WIN
| fatal results to your argument on conceue
that the Legislature did not increase tne
/ commissioners salary, but it created his
| office Would you seriously venture TINS
! assertion after reading section % of article
| IL of the Constitution, which is couched In
| this language:
| There shall be ii Commissioner of I'M
migration aud Agriculture, who shall be
1 elected bV the Legislature On JoInC ballot,
| who shall hold his office for the term of four
years, unless sooner removed by law
/ Now il this clause of the Constitution
| does not create the office of Commissioner
| OF I'm IMMIGRATION and Agriculture, then not
| a single office is created by the Constitu-
tion The only difference in the various
offices provided for liz that instrument, out
side OF their powers and duties, Is found in
the mode OF electing or appointing. One
call of officers are elected by the people,
another are appointed by the Governor,
with the consent of the Senate, aud still
another are elected by tile Legislature. 80
the learned Attorney-General seriously
contends that his office OF Attorney -Geucr-
al was created by the Legislature when it
defined his duties and fixed his cGmpcn~a
ton and he is undoubtedly too good a law
yer TO deny that the Legislature may law
fully Abolish Whatever IL Has the power 10
create. Had this position been tenable, and
had the Legislature unfortunately agreed
to that opinion, it might have abolished the
Office OF Attorney General. That body APP
peared TO be in exactly the right mood To
abolish offices and officers, and IT, unIurtu-
nately, they had discovered the power
claimed tor them, to all human appearance
they would have begun their work OF aDol-
ton upon the office OF Attorncy-Geueral.
Your argument that the Legislature ere
Of Rtr,fs -i.tt.
claims to have done 50 in its title to the act,
and your attempt TO interpOlAJe upon the
Constitution the idea that the creation OF
he salary in this case brings IL clearly
within the terms of the section quoted 1
submit, are infinitely beneath your abili-
ties. | read this part OF your opinion re-
grcLfulIY, because its author i capable OF
giving better reason for "A position that is
unsustaned by logic or by precedent.
So you will perceive that Tor anything
contained in your elaborate opinion, in my
Judgment, Mr.. GriggS is clearly entitled 10
all the powers, privileges and cmOlumeuis
OF his Office of Commissioner, ana you will |
see that have not "lOOked into his face. 10
determine the color OF his skim to reach !
this conclusion.
You astonish your readers, aud answer |
Overwhelmingly your own argument |
against the Commissioner. by virtually con- |
cediug that the Office OF Judge was created |
by The Constitution, and not by the Iegis-
lature. In making such an argument as |
you have deemed proper j. Tins case. it. is |
the greatest folly To concedc or admit any |
thing. 1t is best to take all the chances |
Thousands of people can comprehend an
assertion, while 4 smaller number can un-
derstand an argument.
In the beginning of tie year 1870 our
State had "A white mans Constitution and a |
white mans government. This was soon |
superseded by our present Constitution,
which for the first time recognized the citi-
zenship of the colored man. This new gov
ernment-witlI its new basis of sovereignty
utterly unlike and Independent OF the one
that preceded it in many particulars. was
created by the Constitution OF 1870, and put
into operation by the Legislature OF that
year. This was the first Legislature under
the COnstiIutou-lpr the first time il pre-
scrbed the duty of Judicial officers, aud
fixed their emolumenCs, and the Judges APP
pointed that year were the first Judges. |
Now. to say that the Legislature of 1870 in
creased Judicial salaries, when the Office il
self, and the salary. had nos prev ou-ly eX-
listed, is too prepostcrous Tor serious refuta-
ton.
Ifit be held that the Legislature increased
what never existed, because the dissimilaT
white mans government that preceded the
present one, had similar Judges with nearly
similar powers, and who were paid less
then. assert that England, whence came
our judicial system, long before this cOun-
try had free Institutions had Common Law
and Chancery courts with powers similar to
our own, and ii their Judges received less
emoluments then our judicial officers who
were members Of the Legislature of 1870,
are holding office unconstirution2lly, be-
cause they got more pay than did their
British ancestors. This argument is just |
as logical. just relevant and just con
vincing as your own, because it Is precisely |
the same.
I trust, for the sake OF your reputation
that you do not wish tn be understood as
the case of AIcorn VS.. Shelby as
analogous TO the one you were considering.
Fhe Office OF Levee Commissioner was un-
known to the Constitution, but was created
BY the Legislature of which AlcOrn was a
aud when he accepted it before his
term in the Legislature expired, he did pre-
sisely what the Constitution said he should
not do. The office you were considering,
was created, not by the Legislature, but by
lie Constitution itself.
You will allow me to venture the hope
hat frequent changes of opinion are not 10
become chronic in the Office OF the Attorney
General Pending the appointment and
OF the luekless Judges who :
ire now the subjects of your animal ersi0n.
his idea. tical question was raised, aud after
weeks of inquiry aud investigation, only
wo Senators were found, | anI told, who
howed their faith in the position by their
TOtes, and i am pretty certain that the |
ournal of the Senate viii show that even
hey afterwards voted to confirm judge
Niles. Being interested in the question. [ |
vas alive to it, aud not solitary lawyer OF
established reputation was heard of by me
Who doubted the eligibility of these officers
am equally certain that it was understood
" those interested III the question, that the
resent attorney General was OF the same I,
DiniOn He may concede this, and be able
o give a reason for the change that satisfies
imself His numerous friends throughout
he State will. perhaps, require better rea-
on than he has yet given, for change of
piniOn at so late day, and a manner so
DparentIy unmindful of the feelings of his
riends. and when no good can possibly re-