The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1884-02-29
The Constitutional Difficulty in the
Capital Removal.


The name OF 50 eminent lawyer ss Mr..
David Shelton is quite sufficient 70 secure
for any views bearing its imprimatur, seri'
Gus and respectful consideration. In the
last CLARION this distinguished gentleman
states the supposed constitutional difficult
ties which hedge up the Proioc, for the
removal Of the seat Of government to Me-
riaien.
The argument is, briefly, that the Constr
tuition of 1882 made Jackson the seat OF
government until 1850, and that then the
Legislature might change the seat OF gov
eminent. but, II no such chsnge was then
made, the seat Of government should con-
tinue permanently at jackson, and that no
such change having been then made, Jack
son became the permanent seat OF govern
ment.
II the Constitution Of 1882 was yet the
fundamental law, how would the matter
standi In other words, does the word
permanent mean immopably fired, settled
joreter and frcterf Or is the word permd-
neat used as the antethesis OF the tem-
porary arrangement, locating the seat
OF government at jackson until 1S50' In
the one case jackson was the temporary
AAOllais IN litt VAncE ~ UcNdlhC TUG
nent Capital. Whether jackson should be
the future capital was not settled by the
Constitution OF 1882, but it was only settled
that it should be the temporary Capital till
1850 Then, if the Legislature did not
change the seat Of government, jackson
should be, and continue to be, the Capital
city. The seat Of government should be
permanently fixed in jackson 40 contra-distin'
guished from the temporary location under
/ which jackson became the Capital original
/ ". The recital of the historical facts by Mr.,
/ Shelton is the convincing proof thut the
I Constitution of 1882 uses the word perfnd-
ncat, in this connection, only as opposed
to the expressly declared temporary &C.
cupation ALREADY adverted TO. Till 1880,
Jackson was the temporary Capital; since,
and till the Legislature changes the time
and place of meeting Of the Legislature,
Jackson is the permanent seat of govern
ment--the words temporary and per-
manent being used as opposed TO each
other in that connection. But the Consti'
tuition of 1882, as Mr.. Shelton fairly shows,
/ is not the supreme law at this date. Be-
yond this, it has no force, viz; by that Con-
stitution the seat of government was To-
catedI at jackson; the present Constitution
simply, by necessary implication, recog-
nizes that fact jackson is not mentioned
in the present Constitution, and the only
reference to it is that implied in the 9th
section of article 4, which requires the
Legislature to meet annually at the seat Of
government on the first Monday in Janua-
ry.
But even this 9th section is no longer
supreme, for the reason that the Democrat
ic Legislature of 1878 inserted in lieu there
of Amendment ~ which is as follows, viz:
, The Legislature shall meet at the seat OF
: government on the first Tuesday after the
first Monday in January, in the year 1878
and biennially thereafter, unless sooner
convened by the Governor. The time ana
place Of meeting may be altered by tdw."
The time Of meeting of the Legislature
may be altered by the Legislature, abso-
lutely and without limit, temporarily OF
permanently. If transient causes operate
to make a change of time advisable, the
change may be temporary only. II radi-
cal continuing causes intervene to make Q
change desirable, the Legislature may per
manently change the time OF meeting. SO,
in like manner, this 4th Amendment IN
language clear and unmistakable, gives to
the Legislature the power to change the
. place of meeting of the Legislature tenn
porarily, if transient causes should reqire
) its assembling otherwise than at jackson.
II continuing radical causes shall make il
desirable that tho Legislature meet at
some other point than jackson, then the
Legislature may provide for the perma-
nent assembling of the Legislature at any
other point. And this means, if it means
any thing, that the Legislature may re-
move the seat of government from Jack
son. Whenever the Legislature in the OK
erciae of this power given under the 4th
amendment to the Constitution, permanently
changes the place for the meeting of the
State Legislature, in the very nature OF
things, change in the seat of Government
must take place. To suppose the law max
ing power permanently domiciled at any
other place than the seat Of government ii
TO make war tn all OF ones ideas of wha
r constitutes a place the seat of government
l The seat of government in one place, will
( the Legislature permanently domiciled il
! Capitol building in a widely different
: PLACED To state the proposition is to re
! flute it.
: Until the adoption OF the Constitution
: Of 1869. and the 4th amendment thereto, il
i 1878, the power of the Legislature over thi
: matter might have been fairly debatable
If the Constitution Of 1882 we're still SOY
= ereign, Mr.. Skeletons argument would as
! suredly be possessed of greater weight
9 But since the marked changes made in tn
: language Of the Constitution of 1882, b.
/ the present Constitution of 1863, and tn
4th amendment thereto, Of 1878, the ques
n ton seems concluded by provision OF tn
J organic law which is SO plain as to bear 1t
l. own construction on its own face-a pro
Z vision which must have been wisely dc
!, signed to lodge this power, beyond cavi
q where it might be exercised By the chose
representatives of the people whenever !
a their Judgment change was desirable
n The constitutional difficulty, then, it ar
? pears presents no barrier to any wise 81
ton on the part of the Legislature.
n THOMAS II. Woods
Connecticut farmers raise cabbages {