The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1875-12-08

: in which the question NAV be consie
cred.
1t may be insisted that there is some
thing IN the nature of a contract betWeel
the outgoing Chahtellors and the State
by which their CONTINUANCE IN Office i
fprotectd'i 'fSon7 s66seduerit fnterference
7 Tire 'an4wlt7to that S. the decisions .
7 fheF Cou Et2 IRE 15if6rf3fy TO fle Icontr.arv
I See Cov1y Con stfttfti6hal rLaw, D. ga
and cases there .ftifeds r 7Sheaat &'Nar
shan Is. the State, 4 CTshHfn8h. AZ Th.
lang.uage 81 The SipFefie' Court Of tn,
! Uhfte1 States IN Reference to the powe
Of a State td'Getrid26f Useless officers. a
reported in Buffer rs. Pefha, 10 How.
fl6, Is 50 appropriate that r eanpot d.
better than To Quote @iti '9f7 r 7r''
g Pie selection OF officers, who are lr,
nothing more thar agents for the eHectu-
ating Of such public purp6ses,'is matter
or public convenietice and necessity, and
So too, are the periods for the appoint
1neht OF such agents; but neither the one
nor the other Of these arrangements can
constitute any obligation 20 continue such
agents, or to re-appoint them ); after the
measures which brought them into being
shall have been found useless, shall have
I been fulfilled or shall have been abrogat-
| ed, or even detrimental to the we'll being
Of the public. The promised compensa-
ton for services actually performed ami
accepted during the continuance of a par.
| tictllar agency, NAV undoubtedly be
cfaimed, both on principles Of compact
and equity; but TO insist, beyond this,
upon the berpetuation Of a public,polpv,
either useless or detrimeptaI, and upon a
reward for acts neither desired nor per
formed, would appear to be reconciIahIe
with neither common Justice, nor common
sense. The establishment Of such a
principle would arrest, necessarily, every
thing like progress or Improvement in
government; Or if changes should be
ventured upon, the government would
have to become one great pension estab
llshmeht on which to quarter il host of
sinecures.a :; : It follows
then, upon principle, that in every per
feet or competent government, there
must exist a power to enact and to repeal
laws; and to create, and change or dis
continue the agents designated for the
execution Of those laws Such a poMe.
is Indispensable for the preservation of
the body polite and for the safety of the
individuals of the community"
This disposes Of the contract view of
the subject The power Of the State to
displace officers before the terms for
which they are appointed shall expire, is
clear. That the Legislature may do
this, except when restrained by the State
Constitution, is also clear.
If | concede that the Chancellors are
not ipso tacto displaced by. the mere
adoption of the constitutional amend
ment, and rely upon legislative action
under the amendment to effect that OBJ
ject, still it must be shown by those
denying such power to the Legislature,
that its exercise would violate some provi-
sion of the Constitution. This cannot be
shown. The only provision of the Con-
stitution which there is any pretense that
such action would violate, is that part of
the 18th section above referred to, which
provides that the Chancellors shall hold
Office for the term of four years. But
this provision must be construed with
reference to the power given by the new
18th section to the Legislature to decrease
the number of Chancellors. Here is Il
change IN the Constitution, Il new section
inserted in lieu of an old one repealed.
In determining the force and effect of
this change, we are to be governed by
established rules on the subject. These
rules apply as well to Constitutions and
amendments thereto, rs they do to.
statutes. One of these rules, and Il car
dinal one, too, is, that we must consider
the defect OF the old law, or the mischief
which occasioned the change, and the
remedy sought to be applied, and that
such force and effect shall be given to the
new law as will suppress the mischief
and advance the remedy. So. ---
Another IS. that Constitutions and
amendments thereto are to have Il pro
spective, and not u Retrospective opera
ton. .-. t-. -s-..-.s .-----
The mischief requiring the change has
already been adverted to-we have too
many Chancellors. The remedy, (on the
theory that the amendment does not per
Sc operate as a displacement of the Chan
ce1lnrs), was the power given to the Leg
stature to abolish sinecqres, and to reor-
ganize the Chancery Districts in the
State, so that there would be no more
Chancellors than were needed TODD the
public work. He who disputes this,
must show some other reason for the
amendment. 1t is. simply impossible to
do this. ...8 ..-...--... ...-.-4-
The rule above quoted is that this new
section of the Constitution must be so
construed as to suppress this mischief
and advance the remedy, How can this
be done, if the power be not conferred TO
displace some or all, of the chancellors
Did thepeople mean to restrain the. hands
of the Legislature TO accomplish this
necessary reform, until the terms OF the
present sinecures should expire? They
we're under no obligation to do so, and
theyhave expressed. III. the amendment,
no desire to do so. ,s...-- $50. cog, ~
But again, this amendment repeats
the old 18th. seotiQn-that noa.longer
exists, to fix any term for any officer;
the new section, under the second rule
above quoted is; prospective, and hence
cannot be quoted to nix Il term for an.
officer already appointed. Hence there
exists now. no constitutional rule hiking
the term of the old Choncellors at tour
years-the new 18th section applies only
to Chancellors appointed under it. -'
Upon the whole, it would be an I'm.
warranted construction of the substituted
18th section, which, on Its face, contains
no reservation in favor of prior officer;
and confers the power on the Legislature
to carry ont a much needed reform, to-
hold that the remedy intended by it to'he'
applied to a great public mischief, should
be : suspended until the terms of useless
officers shall. expire Such a construe-
f;on would, make these Chaneellors pen
sioners upon the. public treasury and
would deny to the people power said
b bS the Supreme Court of the United
States. in the case before cited ID De
necessary TO the existence OF a PerIee'