The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-03-01
AN ELECTIVE JUDICIARY.
Let the People Be Heard.
An APPEAL TO THE LEGISLATURE.

An APPEAL The Lf@0ASLAAO
WEsT PoIST, February q, 1892
EDrroRs CLARION: In 1917, when the
people of Mississippi first met in Conyen-
ton to make a Constitution they solemnly
declared. that "the powers of the govern
ment of the State of Mississippi shall be d.
vided into three diStiact departments, and
each Of them eontfeIed b separate Daagistracy,
to-wit: Those which are legislative to one
those which are judicial to another, and
those which are executive to another"
The foregoing provision remains in the
Constitution of this State yet. See section
1, articles.
But when aliens, outlaws, and scalawags,
and ignorant blacks assembled at the capital
in 1868 to make a new Constitution for Mis-
sissippi, while they retained the above pro-
vision they inserted certain other in
consistent provisions, wheein it is pro
vided that "the judicial officers of the State
shall be appointed by the Governor, by aud
with the advice and consent Of the Senate"
Who is the immediate constituency of the
Judges and Chandeliers of Mississippi
under the present order Of things? Ger
tainly the Governor and the Senate. Then
can it be said with truth, ''that the pow
era of the government of the State of Missis-
sippi" are "divided into three district
departments, and each Of them con-
tfded to a separate nagistracy?" The
Governor manufactures Judges and
Chnceliors, and by the plastic hand of
power, moulds and shapes them to suit his
own views; or at least this can be done and
will be done, should ever q corrupt man be
Governor.
Now mark, the Senate has no other than
an advisory power; it can do no more than
reject the nomination of the Governor. 1t
has no power to appoint Judge. The
Governor, when the Senate is not in ses-
sion, has the power to fill all vacancies in
the judiciary. When Judge George resigned
his seat on the Supreme Bench, Governor
Stone, as was his duty, appointed
his successor, and that too without
the advice or consent of the Sen
ate, and doubtless made a wise and ju
dicous appointment. But let US suppose
We had then bad corrupt Governor, who
had some evil object to attain, and he had
appointed, very bad, corrupt or ignorant
man. When the Senate met, it would prob
ably have refused 70 confirm such a Judge
(and then again it might mott, how would /
we have freed ourselves of this gieked and
corrupt Judge? The Governor might never /
send to the Senate the name of a better man, I
and so matters would stand when the Sen
ate would adj urn, leaving in the hands OF .
the one man, aud he corrupt tyran-
ical Governor, the power to make
the Supreme Court. Would you say
then, that practically the Executive
and Judiciary were two distinct departments
of government?
We say all power is and of right should
be vested in THE PEOPLE; that the PEOPLE
are sovereign; that the PEOPLE are not only
capable of sel-Iovernmeut. but that self goo-
eminent Is an iaoIleaGbks right 0fthe PEOPLE
Then pray, why take from them the elec-
ton of the Judiciary? II the people are com
petent To elect u Governor, and Senate,
who ~ turn are competent To APPOINT a =
Supreme Judge, are the people not e0mpe- "
tent to elect the Supreme Judges themselves? :
If not. why not? Can the stream rise .
above the soureez The people elect the J.
Attorney General. the Governors legal adj :
wiser the people elect the District Attor- f.
neys who prosecute for the people al viola
tions of law the people elect the men who =
make the laws, why should they not elect !,
the men who expound the laws2 The laws a
are made for the benefit OF the people, :"
aud are presumed 10 be executed fer the -
benefit of the people. then let the people :,
,h0Ose their own agents for bath purposes :.
The experience of the world proves that =,
here is less danger in the whole people than :;
n one man, or a few men. Further, the -
history of the world shows that every nation :,
f people who have lost their liberties =,
pst them by piece-meai by Il gradual o. o.
withdrawing from the people their =
lights, and slowly but surely CON IS
entrating all power in the few. There y,
; at least a large aud respectable num- g
er of voters in all parties in this "
tate, who prefer an Elective Judiciary, q.
len why will the Legislature not give the -
eople an 0ppor unity to express themselves a.,
n this very important matter? Are they -
fraid of the people Ii will cost nothing Il
} submit the question to the people, ana in III
le name of Free Government | say it -
lould be done. ~
DrTr -