The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-07-03
The Eligibility Question.
ATTORNEY GENERALS OFFICER
JACKSON, Miss, June %, 1873.


Hon. Greene &. Chandler:
SIR: proceed now to pay my respects to
you in reply to the Z" Review" which YOU
have been pleased TO make in IA letter adj
dressed to me through the Seacoast Repub-
lican, of my recent official advice to the
Auditor of Public Accounts in respect to
the election of Mr.. Griggs, by the Legisla-
ture of which he was n member, to the
office of Commissioner of Immigration and
Agriculture.
Your letter is very emphatic assurance
to Mr.. Griggs and all holding office and
drawing salaries under laws which they
have assisted in passing. that il they can
only find some means for bringing their
suits against the Auditor. where in
your district. they will find a judge in
Israel who is touched by the same infirn
ity, who is tempted in the same manner
that they are, and whose gushing sympa-
| thies, therefore, overflow the sanctuary of
justice, and run out through newspapers to
the uttermost ends of the earth. Your
whole criticism. Notwithstanding the spirit
OF mock compliment, sarcasm and wit
with which you have sought to enliven it,
is married by that spectral apprehension
which has sat by your side for the last
three years, casting cadAverous shadow
upon your brightest dreams, and whisper
ing to you, even now, that possibly Won
and M. Griggs are both alike personally
interested in his case.
Spurred by the grim interest which you
seem to feel in Mr.. Griggs' case, you have
brought TO its discussion an amount of
shrewdness and tact in your attempt to
pervert the terms and intention of the Con-
stitution, which are well worthy OF better
cause.
1t will be a sufficient reply to what Won
have said If shall succeed i'm stating now
some of the arguments upon which my adj
vice to the Auditor was based. Allow me,
therefore. To quote again the 18th section of
the 4th article of the Constitution Of this
State:
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 beed created, or the
emOluments of which have been increased
during the time such Senator or Represent
alive was in Office, except to such Office as
may be filled by an election nf the people,"
Now, examine the act of April ii, 1873.
entitled ian act to create the office of Com.
missioner of Immigration and Agrieul-
ture, and for other purposes" and which, it
Is conceded, creates the duties. powers re-
sponsiOilities and compensation of the
Office, whether it creates the Office il pur.
ports to create or not-See Pamphlet Acts
OF 1873, p. 103.
And now turn to the 23d section OF the
twelfth article of the Constitution, in these
words:
"There shall be Commissioners of Immi-
grafton and Agriculture, who shall be elect
ed by the Legislature on joint ballot. who
shall hold his Office for the term of four
years, unless sooner removed by law
Now | call your attention to a principle
Of construction which you will find in an
the standard works and authorities upon
Statutory or Constitutional law. / quote
from Mr.. Justice Cooley on Constitutional
Limitations, I'd edition, p. 80:
construction Is the drawing of concIu-
sIons respecting subjects that lie beyond the
direct expressions of the text from ele-
ments known from and given in the text.
conclusions which are in the spirit, though
not In the letter OF the text
Again, on page GA. speaking of the light
which the purpose 10 be accomplished NAV
AFFORD, the learned writer says:
Among these ards, Is q Contemplation of
the object to be accomplished or the mis-