The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1875-10-13
GOV. AMEN ILLEGAL MILITARY
ORGANIZATION.
His Violation Of the COnStitu
ton and Laws.

in relation to the present attempt to
organize militia companies, regiments,
etc.
By the 4th section of the act of Febru
airy 25th, 1875, amending the militia laws
of this State, it was enacted that:
"'All militia organizations organized
under the general laws of the State are
hereby disbanded and the commissions
and appointments given to command or
control such militia are hereby annulled
and revoked" (See the act in Pamphlet
laws, July Special Session, 1875, PIP.
29-31)
By force of this act, which took effect
from its passage, all militia companies,
battalions, regiments, etc, Heretofore
organized under the Code, ceased to ex-
list; and all power and authority thereto
fore granted, under the Code, to militia
officers, were thereby revoked. The
State was thus left without a militia
company, or a militia officer unless,
possibly, some old volunteer company
still existed under some special statute.
There still remained the names of citizens
enrolled as liable to militia service, but
there were no military organizations, and
no officers to organize or command even
a company.
The Code required an immediate en-
rollment and organization of all persons
liable to militia duty, into companies and
regiments, S2183; and its policy was,
that the militia of the State be kept thus
organized. The amendment of February
25th, 1875, did not change this policy;
but whilst it disbanded and destroyed
the old militia organizations ard revoked
the old commissions, it looked to Gre
organization" of the militia, thus contin-
uing the policy of the Code, that the
militia should be kept always organized.
But no attempt was made to reorganize
any part of the militia, until after the
commencement of the present vigorous
canvass, under which the Radical des-
potism already staggers to its fall.
In order to effect a organization of
the militia, T1e1O companies, regiments, etc,
must be formed, and ne,O officers must be
appointed to organize and command them.
The question arises, how can these new
officers be appointed, and how can these
new companies, regiments, etc., be law
fully organized
The Constitution of the State declares |
that ''all officers of militia, except non
commioned officers, shall be appointed by
the Governor, By and aOih the consent Ofhe
Senate Art. 9, Sec. 4.
In two recent cases, where the Govern
or had attempted to appoint to Office,
without obtaining the consent of the
Senate, the Supreme Court has declared
his pretended commissioners to be VOid.-
Brady, District Attorney, VS.. move. so
Miss, GIG; O'Leary vs., Adler, Opin-
ion Book, 143.
This case of Howe arose under like
provision of the Constitution, and the
Court said:
"The appointing power is placed in the
Governor and Senate"
'Ihe selection of the person is with the
Governor, but the appointment must be
with the advice and the consent
of the Senate" The appointment by the {
Governor alone would not confer right
to the office. so Miss, GIG.
In Howe's case, it was further decided
that the Governor could not "evade" the
Senate, his co-appointing power, by l
failing in his duty to send nominations to
to the Senate for approval, and then
appoint to the Office after the adjournment
of the Senate. o
In Adler's case, the Legislature Great t
ed a new Office of City Judge, and the t
Court decided, under like provision of O
law, that it was the duty of the Governor >,
to appoint a person to that office, and to
submit such appointment to the Senate for
approval, at the very session of the II
Legislature when the office was created n
and that his attempt to appoint person h
10 that Office, after the Senate had finally
adjourned, was void, and Supreme Court !"
las, with a severe rigor, upheld this g
prerogative of the Senate. 81
Under the constitution and laws, the n
Governor, cannot by himself. except in n
single instance, make a lawful appoint -
nent to any Office, unless there be III
a vacancy" in Office occurring under the OF
specified in the Code He ia
nay, by himself, in vacation, and for the .,
ime being, fill certain vacancies in office =
But the present attempt is to organize -
eaO companies and neaO regiments. Mani by
estly, the Offices in such new companies wi
nd regiments, are 1aeaO Offices. The Off eli
ers appointed to fill them cannot be re- :.
arded as being, in any sense, the success ",
rs in Office of any of the officers of the IL
Id organization disbanded and DESTROYED tn
y the amendment of February, 1875. wa
Is in Adler's case, here ara new Offices, r.,
nd they cannot lawfully be filed With
ut the approval of the Senate. 1t was Pc
ecided in that case, that there can be no
vacancy" within the meaning of our an
Nv, Gin a newly created Office which be-
ever had an incumbent. But if this 80
2 erroneous, and if these could be re- :.
arded as cases of vacancy in Office, the TO
.sult is the same, for If vacancies, at the
], they were vacancies created by the TIL
It of February %, 1875, which revoked in
militia commissions and displaced all "A,
Il militia oficers-vacancies created "u
during the session of the Senate " That the
ssion of the Legislature was continued hal
It'll 8 o'clock, afternoon, OF the 9th of lev
arch-nore than five DAYS" after the Al
legged vacancies were created. In such
ses, the Governor cannot fill the va aOc
ncy by himself, but the Senate must the
prove his aPPointment.-Code sos, 7