The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1874-10-15
GENERAL READING
TERMS OK E'EEE JUDGES ANss
CKNANCEH.LORB
When they Begin and End
RY JUDGE G. c. CHANDLER.
To Col. J. F. IT. Claiborne

To Col. j. f. H Claiborne:
1t seems perfectly clear that the terms
of the Judges of the Supreme Circuit
and Chancery Conrts, first appointed
under the present Constitution, began on
the first Monday of January, 1870. This
view is sustained by certain clauses Of the
Constitution, by an almost express adju-
dication by the Supreme Court as now
organized, and by a perfectly analogous
case that arose under the Constitution Of
1882, and which was decided at an early
day by the High Court of Errors and APP
peals.
The following are all the parts of the
Constitution that are supposed to have any
relation to the beginning and ending ofthe
terms Of the Judges:
1.-THE Supreme Court shall consist of
three Judges, who shall be appointed by
the Governor, by and with the advice and
consent of the Senate. x x x Section 2,
article VI"
"The office ofo of said Judges (frst
appointed under the constitutional shall
be vacated in three years, one in six years,
and one in nine years. x x x The term
of Office of the Judges of the Supreme
Court shall be nine years. Section 3,
article VI.
1.-The Judges of the Circuit Court
shall be appointed by the Governor,
by and with the advice and consent of
the Senate. and shall hold their Office
for the term of six years. Section II,
article VI"
x y !; "The Chancellors shall be APP
pointed in the same manner as the judges
of the Circuit Courts. Their quaiifica-
tons shall be regulated by law, and they
shall hold their office for the term of four
wears. Section II, article VI"
1.-THE political year of the State of Mis-
sissippi, shall commence on the first Mon
day of January in each year.
Sec. 1, Art. XII"
From the foregoing clauses of the Con
stitution it will be seen that the term of
one of the Supreme Judges. appointed IN
1870. ended in three years from the time
It began; one IN six years, and one III
nine vears-and that the terms of the
Circuit Judges ended in six years, and
the Chancellors in four years. 1t Is al
most equally manifest, in the light of Judi
eial Interpretation, that all these terms
began on the first Monday of January,
1870, the beginning of the first political
wear under the Constitution.
| have before me the lucid opinion of
Mr.. Justice Simrall, in the case of Luke
Lea er relation of Chiffon vs. Williams,
not vet reported, in which he says, that,
cit must be kept in mind that there is
palpable distinction between a term
and the time when it is entered upon;
between the term of an Office, and the
time it is taken possession of. And
elsewhere, in the same opinion, he says,
that ''to give any effect to the section
naming the first Monday in January, as
the beginning of the political year, 1t
must be taken as referring to DEFINITE
period, when the terms of the elective
Offices shall begin, both State and
county"
The learned Judge could not have en-
nloyed, in this connection, the phrase,
ELECTIVE offices" to indicate the opinion
that the constitution fixed some other
and different time for the beginning of
the terms of officers not elected by the
people. Such thought could not have
occurred to him, for he was at the moment
abolished in considering the great cues
ton of the validity of the election laws,
and the rights of persons elected under
them to Office. This is perfectly mani
fest. when, further on In the same opIn-
ion. he declares, ''that the Constitution