Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-10-02
MISSISSIPPI.
Review, by the Ames Organ, Of the PO-
sltIOn Taken By the Attorney
General In Regsr 10
the Election.
What the Consultation, aad the Laws
Made In Pursuance OF 1t, Say en-
the Subject-A Search
ing IBqury.
The called Jade WIneing-The Govern
or Threatened, and the Regis
lrars Instructed as TO
Their Duty.

Tue HAltea Shdt " tHcinS Inc UVfCA
or Threatened, and the Regis
lrars Instructed as TO
Their Duty.
From the Jackson Miss )::Pflot, ,Ames's Orgau.l
An official opinion of Attorney-Gen-
eral Morris was published in a Nicks-
burg newspaper of the twenty-tirst OF
September from which it appears that
Governor Powers has officially called
ON the sttorney-genersl for an opinion
as to whether or not the November elee-
ton can be legally held.
TO this call of the governor the attOr-
ney-geneTal replies at great length, and
finally arrives at the conclusion that
the election cannot lawfully be held in
November next, but that the
Dlstrict-attorneys and county officers chosen
in 1871, and the state officers installed IN
March, 1870 must, Of course hold over till their
successors shall be elected, at the constitu-
tiOnal general election in November, 1871.
Now, inasmuch as neither the consti-
tuition nor any existing law provides for
a general election of State snd county
officers in November, 1874, but the laws
do provide for such an election in No
vember, 1873, we might here rest our
reply conclusiyely to the attOFney-gene-'
rails attempt to revOlutioniZe the State
government.
THE MAIN GROUND.
on which the attorney-general bases this
opinion Is that the legislature, by the
election act of 1871, has established q
system Of annual general elections, the
first of which occurred in 1871, for legis-
lative and county officers; the second,
/ in November, 1872, for congressman and
Presidential electors; and the third, in
November, 1873, for governor and State
officers; whereas the constitution pro
vides that ''all general elections shall be
5iennidl.n Hence, the attorney-general
concludes that the election law of 1871
is unconstitutional and void, and that
no lawful election can be held under it.
II this be true,
THE ELECTION OF 1871,
for legislative and other county officers,
was void, and also the election for men,
bers of congress. So that the entire
State government, as it now exists, is
unconstitutional, illegal and void. What
a pity it is that the attOrney-general
did not make known this important
State secret to the late legislature, and
afford them the opportunity to restOIe
order by such legislation ss the attorney
general might direct. Besides, will not
the federal government, seeing that
chaos reigns in Mississippi, send us
another military dictator? But We beg
leave to enter our protest against this
revolutionary edict of the attOrney-gen-
eral, and to insist that
THE STATE CONSTITUTION,
and the election law Of 1871, are not in
conflict, but in exact harmony with each
other. 1t will be remembered that the
present State constitution WAS adopted
by the convention of 1865, and finally
ratified at the election held under it on
the first Of December, 1869. At that
election the present State officers and
the former legislature were elected.
is tacitly admitted by the attorney-gene-
raj that this was lawful election, under
the new constitution, and that the State
officers held their terms for four years,
and the county officers for two years, un-
der the same, commencing on the first
| Monday Of January, 1670-that being
| the commencement Of the political year.
The two-year terms would. accordingly,
terminate on the first Monday in Janu-
sry, 1872. The Legislature Of 1871, there
! fore, provided that
A general election should be held on the
/ first Tuesday after this first Monday OF Novena-
Der, 1871, and bienniSlly thereafter, ss required
/ by the constitution OF this State.
Here, then, is a system Of biennial
elections established by the legislatUrs,
/ 20 be held IN the November preceding
I the termination of the terms of the bien-
| nial and qussrennial officers, which oc-
/ ours on the FIRST Monday of January
/ following said election, thus giving the
1 officers elect ample time to qualify and
/ enter upon their duties at the commence
ment Of their respective terms. Besides,
/ by sections three hundred and fifty-seven
and three hundred and fifty-eight of the
election law it is especially provided what
officers shall be elected, and by the latter
it is specially provided that
| The governor lieutenant-goveruor. secre-
tary Of state, auditor OF public Junts, attOr.
ney-general and superintendent OF public in.
structiOns shall bs elected at the general cleo
/ tion on the FIRST Tuetday after the first Mon
thereafter.
Thus, it will be seen, that the ap-
| preaching November election for State
and county officers is specially provided
/ for by law, and is in accordance with
the constitution. This is not denied by
the Encouragement, but we insist that
by the same act, it is further provided,
that
An election shall be held for representatives
in the congress OF the United States on the
Tuesday next after the first Monday OF No
vembsr, 1877, and bieDaially thereafter.
Now, says the attorney general, mas
! much as the biennial State elections
are made to occur on the odd years, and
the biennial congressional elections are
made TO occur on the even years, this
converts the whole system OF State
elections into annual general elections,
whereas the constitution declares that
all general elections shall be biennial.
We quote the attOrney-general as fol-
lows:
at is true that the act of 1871 formally
assumes to direct that there shall be q
system of annual general elections, the
first of which shall occur in November
I of that year for legislative and county
| officers; the second in November, 1872,
for congress and presidential electors
and the third in November, 1873, for
governor, State officers, etc. And it as
sumes In effect to set aAide all those
clauses of the constitution which COM
mand thst 'sll general elections shall be
4 biennial and practically directs that
| they shall be held for nsught, aud that
/ the system of annual campaigns, regis
/ tratiOns and elections thus attempted
shall go on forever. But in so far as it
/ assumes to do this, there can be no doubt
I that the act and the practice are subver-
/ sive Of the constitution and utterly null
and vOid.h
Now we take issue with the attorney
/ general here on a matter-of-fact. We
say it is not true that the legislature OF
| 1871 formally assumes TO direct that
/ there shall be a system of annual gen.
eral elections" etc. We deny that
THE ACT CT 1871 PROVIDES
/ for or establishes any such system. We
| deny that it provides for an annual cleo
ton; on the contrary, the act OF 1871, as
we have already seen, provides that
1 A general election shall be held in the sew
] eral districts in each county on the first Tues
day after the nrst Monday OF November, and
{ bienHidllV thereafter, as required by the con-
stltution Of this sState-tCode,ar article l, section
Sections S57, S5s and $50 designate
I what officers are to be elected at these
biennial elections, and show that they
are intended for State officers alone, and
] not IOI leuSGdl OilCeTS. 1Ue0 IOAiOWs
the provision for the election of congress
men, in these words;
! An election shall be held for representa-
I tiYes IN the congress of the United States on
the Tuesday next after the first Monday OF
November, lS72, and biennially thereafter.
This election for congressman is not
denominated general election, as the
State elections are. 1t is not an annual
election, but especially declared to be bi.
ennial. The fact that the congressional
biennial elections occur on even years,
and the State biennial elections occur
on the odd years, thus making an elec-
ton for different government, and for
different officers to occur annually, does
not make either of said elections an an
nual election. On the contrary they are
both biennial, and are expressly de-
elared thus TO be. There is
40 ANNUAL ELECTION PROVIDED FOB
in the constitution, and none in the act
of 1871, and the congressional election
is not a general election In the sense
used IN our State constitution and legis-
lative enactnents. The State biennial
elections are all denominated by law as
general elections-the congressioual