The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1874-07-16
Governor Ames HEapeachable for
Violating the Constitution
and Laws.


and Laws
Gov. Ames deserves impeachment for
the Constitution and laws of
the State in reference to the appointment
of Chancellors.
The Constitution provides that Chan
cellors shall be appointed in the same
manner as Judges of the Circuit Court"
and Sec. II, Art. 6, of that instrument,
declares that
eeThe Judges of the Circuit Court shall
be appointed by the Governor acith the
advice and consent Of the Senate, and shall
hold their Office for term Of six years.
This is the supreme law. To carry
this law into execution it is provided by
statute, Revised Code, Art. 2, Sec. 106,
that
"The Governor shall fill by appointment
nth the dduice and consent Of the Senate,
all Offices subject to such appointment,
under the constitution and laws e0hen the
term of the incumbent IS ABOUT TO Elk
PRE-; and also by the approval OF the
Senate, all such vacancies occurring from
any cause during the session Of that
body; and he shall also appoint for all
vacancies occurring from any cause IN
such offices during vacation OF the Senate
The latter clause, that che shall appoint
for all vacancies occurring in such office
from any cause during vacation OF the
Senate" taken in connection with the
preceding clause, that che shall fill by
appointment, by and with the advice and
consent of the Senate, all offices subject
to such appointment, under the constItu-
ton and laws when the term Of the IN
cumbent is about to expire, clearly
contempIates vacancies occurring not from
expiration Of term. but from such un-
foreseen causes as death, resignation, etc.
The clear intent Of the constitution
aud laws, is that the Senate shall coop
crate with the Governor III the appoint
ment of the officers, and that such JOINT
action shall be an indispensable pre-requl-
site of qualification by the incumbent.
In contemplation Of such vacancies as
are liable to happen in cases like those
under consideration, and to avoid the
possibility of thwrting the intention of
the constitution, the law says the Governor
''sHALL" fill by appointment by and with
the advice and concurrence of the Sen
ate, "when the term Of the incumbent is
about to expire"
What are the facts in reference to
these Chancery Court Judges The
terms of seventeen out of twenty OF
them were ''about to expire" when that
body was in session. 1t was the sworn
duty of the Governor under this Law, to
appoint them at that time in order that
the Senate might perform its functions
in clothing them with the authority nee
essary under the laws to perform the du-
ties Of their offices nevertheless, in mere
wanton disregard Of the Constitution, for
purposes of his own, he ignored the prerog-
alive of the Senate, and willfully refused
to submit to that body the names of the
persons whom he designed to appoint.
After it had adjourned, he proceeded to
make the nominations. His conduct
shows that his intention was to forestall
the Judgment of the Senate, and set its will
at defiance notwithstanding his obligation
under the Constitution, and the solemn
duty imposed upon that body as well as
upon the Executive, in the matter OF
these appointments. THE consequence of
this trampling of the constitution and laws
under foot is that nearly all the Chan
Gerry Courts are being held by per-
sons assuming to be Chancellors who are
not.
We have said the joint action of the
Governor and the Senate is essential to
the proper qualification of the Chancel-
lors, because the language of the Consti-
tuition is plain, and this construction is
corroborated by Sec 978, Art. 40 of
the Revised Code, which declares that
the "said Chancery Courrs shall be
& held by ChancellOrs nominated by the
e Governor, and confirmed by the Senate. "
And vet these seventeen Courts are held
by persons claiming to be Chancellors,
who have NOT been confirmed by the
Senate" Whether their acts are null and
void in consequence of such legal disqual
ifcation, is a grave question. Noproposi-
ton can be more clear than that the sew
enteen persons referred to, now holding
the Chancery Courts, are not Chancellors
according 10 the language and intent of
the Constitution and laws. There are two
viz: nomination by the Gov
ernor, and confirmation By the Senate. In
the case of the seventeen Chancellors
{ so called the latter condition has not
been executed. The Governor has
usurped the power of military autocrat
to dispense with it; and has thereby in
Cured the penalty of impeachment
and removal from Office.
The ImpeachmentQ Question.