The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-10-23

to the Union by act of Congress, the Terri
torial gOvernm ent remains unimpaired. Nc
act Of the people Of a Territory, without the
s4nction OF Congress can change the Terri
torial into a State government. kOpInIon
of Justice Mclean. Howard Rep.. 3431.
1.-The observation l wish TO make Is, that
our Constitution knows no purgatorial con-
dition intermediate between that OF a Terri
tory and that of a State. SO long as a politi-
cal organization il Territory, it is not, in
any sense. or for any purpose state; and
rice uersdf' (JamisOn's Constitutional Con-
ventions 1881
With these distinguished authorities to
support the opinion OF our own Supreme
Court there can no longer be doubt to
the time of commencing civil government
under the cons tuition. | therefore pass
from the recOustr uction period 70 the con-
stitutional period, and shall endeavor To
show wherein legislation is in conflict with
the evident intention and plain provisions
of the organic law of the state.
The government is divided into three
coordinate departments, namely: Legisla-
tive, Executive and judicial The first two
are based uDon the elective principle, and
the last on the appointlve. In order that
there should be economy in government,
aud harmony in all it, departments, the
Constitution fixed the first Tuesday after
the first Monday of November, biennlalIy,
q the time when all elective officers
should De chosen. ana tue INST MDuu ~ III
January thereafter "a the day when they
should enter upon their official duties to-
Iether. This latter date WAS therefore d-s-
knated as ''fhe com mencement OF the poIlt-
ical year" WeBOw come To consIierthe time
when the full terms of the first civil officers
and when they expire. The
TACT l. known that they were not elected at
the constitutional time. and did not enter
upon their duties at the beginning OF =
political year. They were elected to fill
- 81. =. = tlv- -.
election and qualification was prescribed BY
orders and the laws of Congress.
Therefore both their election and qualitica-
ton were irregular, and outside OF the Con-
The results OF these irregularities
must be recenciled to the requirements Of
The Constitution, aud the terms of the first
civil officers be So adjusted as to preserve
the biennial feature OF elections. and To
give each officer his tull constitutional term
of TWO or four years. the case may be.
from the commencement of the first Poliii-
cal year. To stop short of this would be ("
and make permanent in the prac-
lice OF the government, an irregalarity Tor
which the Constitution is not re- pons,blC,
and which is repugnant to it.
The first Monday in January being the
time fixed for the comm erccment of ali
political years, it follows that the first posi-
rive year had To begin on that day. The
) ate not being admitted uatl the 23d OF
1870, il is clear that there could
be no commencement in That year and that
il follows as a necessary consequence, thai
the first Monday in January, 1871. The
time intervening between the 23I OF Feb
ruary, 1870. and that date, comprising about
zen months. cannot be counted as cpnSuiu-
ting "A portion Of the official term Of any
officer then holding. His term of office is
of BY full political years, begin
ming and ending always on the first Monday
Of january The first civil officers having
come into service at an Irregular time from
which they cannot date constitutional
terms they are required to serve through
that fraction of a year and TO enter upon
heir full terms with the commencement OF
the first political year.
1t is evident that the course | have here
indicated is the only one by which we can
proceed regularly and place the government
Ia harmony with the Constitution. TO pur-
sue any other course is in conflict with that
Instrument and violation of its provisions.
In confirmation OF this position, and t.
show that the trainers OF the government
intended that it should be so understood, i
quote section 8, article ID, of the constitu
ton:
The first term of all civil officers elected
lt the time this Constitution Is submitted
for ratification or rejection, shall commence
on the second Monday after their election
shall have been officially promulgated, and
shall continue To hold from said time until.
the expiration of the first full terms sue
ceeding said election"
If the Constitution had been ratified in
June, 1868, when it was submitted, the first
civil officers would have proceeded TO serve
through the remainder of that year and
commenced their first full terms" with the
of the first Monday OF Jan
uary, 1869.
Having been duly ratified as part of the
at the election of 1869 notwith-
standing the Presidents opinion that it was
not part of that instrument. the latter
portion of the section. Is as applicable to
the present officers as it could have been to
the officers elected at tie time this ConStitu-
ton is submitted for ratification etc." and
il lost none OF its vitality by going over
with the remainder of the Constitution, to
be ratified at "a second submission.
The Constitution of the State of Arkan-
sas, adopted March Is, 1865, contains sim
liar provision as will toe seen by the follow
ing section, which quote:
''SEC. 3. All general elections shall be
held on the Tuesday succeeding the first
Monday IN November, and shall be ben
NAL, commencing at the general election
of a. ID. lS6S; but all officers elected under
the provisions OF this Constitution aud
schedule, except members OF Congress. at
the election commencing on the I3th day OF
March, 1868, snail hold aud continue in
office in accordance with the provisions OF
this Constitution, the same as though elect
ed at the general election to be held on the
Tuesday succeeding the first Monday IN
November, IS6S, and no election shall be
held TOR said ulicerS at the election OF 1865
This plan OF passing over The interval OF
time between ratification elections and the
OF regular official terms,
when officers are chosen at such elections,
mas been generally adopted by new states,
and is the only one that Is practicable III
such cases.
Thu. Constitution of Mississippi contains
another clause bearing on TINS subject,
aud strongly contirmative of the position L
nave taken. Section 6, article Il, contains
tie following
The term of Office of all county. town
ship and precinct officers shall expire with
in thirty DAYS alter this Constitution shall
have been ratified, ami the Governor shall,
by and with the advice aud consent OF the
Senate, thereafter appoint such oIncerS,
whose term OF office shall continue uuul
the Legislature shall provide by law for an
election Of said officers.
Here is a provision which made all the
elective officers OF the State, out State
officers and members of the Legislature,
TEN porarily appoiutive, and the time wheu
such appointments were to be made
thirty days alter the Constitution had been
ratified. 1t having been shown that Feb
ruary 23, 1870 is the date OF ratification, the
thirty days of grace accorded 10 the old
officers, run from that time, ana expired on
the 18th OF March following Their tempo
rary successors were then TO be appointed,
and they in turn were to hold until Tue
Legislature had provided by law for filling
those offices by election. This entire pro-
ceeding was outside of the provisions OF The
Constitution liking the time of the election
aud qualification OF all its elective officers,
and therefore irregular aud TEN porar5.
The election which the Legislature was
authorized TO order, was designed specially
TO ii II those offices by choice OF the people,in-
stead of the Executive, and. being special
election, liable TO be held at any time. the
fractional term thus created could continue
only until the first succeeding genera! cleo
ton, when their successors would be chosen
and commence their regular constitutional
/ terms on the first Monday in January there
I IL, Ia Ii.