The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-03-05
capital RsmOs1l sply e yudg
shelton 70 Hon. Thos. 3. Woods.
I.cKaor. Februllg 8, ~

EnTToRs CLARION: an grateful g
Indee Woods for an oppostnnis4 y
'asger the bess arguueuts e Meridian :
ayor on the power Of tbs Legisiatnre
3 male that city the seat OF govern
nent.
g r.IeiTer 81 les doubtful than this his !:
~. a. the time the Convention OF 1903
met Jackson was By force q the Son.
stitution of 1892 @the permanent seat %
government of Mississippi that not
only was its Ioc1ti0n the creature OF con.
stitutional law, but the PsrAl1Re'ey q
location equally 50; intelligence cannot
confrovert that; Judge Woods does boz
his argument Is that permanent means
only. until the Legislature at It's next OF
some other meeting shall pass an act
to remove it, and on such an
argument. be with apparent commence
asks. ssdoes the word permanent mean
immovably fixed. settled forever I
answer. yes; it means Just that unless
some competent power does unhx II, apu
that Legislature cannot undo VIVA! tne
Constitution did and completed thirty
four years since.
Judge Woods argument on this point
is founded on the meaning Of the Woru
DeTnaneat; it does not go beyond tnat
its derivation and its popular meaning IS
remaining to the end, continuing the
same. without any change that destroys
form. character or condition. See Meo
ster. Judge Woods definition and We6
,ter's definition are the antitheses OF eacL
other. According to Judge WOODS
argument the Constitution OF 1867
in locating the seat of government tem
Dorar,ly from 1882 to 1850, placed remoV
ii beyond the power Of the Legislaturt
for eighteen years and located Il ReTn:u
aently after 1850 by giving to the Legs
latnFe power to remove it at its next o.
4ny other meeting; that is Judge Woods
idea; mine is that the Constitution O
1882 made the location permanent atteI
1850. and 40 made 1t for the very pur
nose of putting removal beyond the
bower of the Legislature. The conclu
sion is plain, that when the Convention
Of 1869 met, the seat of government
then. and for a number OF years De
fore. was immoudbly fixed at jackson un
less some power stronger than Leglsla
ture should undo what the Constitution
of 1892 had done. $40
Perhaps the Convention Of 1867 hac
the power to change the seat OF govern
ment, but it did not change it nor at
tempt to change it; it did not give no
attempt to give to the Legislature tn
nower to change it; we look in vain To-
any clause of that Constitution doing o.
,ttanntino to do either of these things
ont we fiud at least four clauses tina
recognize the permanent status as aboy'
deyeloned. Article 532-Returns o
ioyeraor' J election made to Seeretar!
If State "at the seat of government.
Article 587-GOvernor, in cases OF emer
gency may convene the Legislature "a
Ghe seat of government" or at any othe
place if from an enemy or disease tn
seat of government" shall become
dangerous place. Article 6S7-The Su
prem Court shall meet at the seat o
government at such times as the Legis
lature may prescribe. Article 4S6-Th'
LEGISLATURE shall meet annually at tn
"seat of government" on Tuesday mex
after the first Monday of each Januar!
until altered by Ldw.
Literally no one Of these sections is
re-enactment of section 80, article 3 o.
the Constitution Of 1882, but they ar
better than that, for they are distinc
recoenitions of fact created and per
manently established by that Constr
tuition. recognized and acted on by al
the departments of government, TO
thirty years, a permanent pohtlca
status recognized BY the Convention
and the Constitution it adopted recog
nized as a permanent political fact, ane
not changed.
But Judge Wood says that because
the Constitution of 1882 is not now
part of the laws of Mississippi, there
fore the permanency of the location
made by that Constitution is lost. The
same argument would prove that ther'
has been no seat of government since
1869, for the Constitution OF 1869, IL
terms, repeats all previous Constitution
schedule, section l, and except by recog
milton as aforesaid creates no seat o.
government; and no act of the Legisla-
ture since 1869 has created one; ii, there
fore, the permanent location made by the
Constitution of 1882, ended on the adoP
ton of the Constitution of 1869, We have
had no seat of government for the last
fifteen years.
But though it is true that the Constl
tuition of 1869 repealed all previous Con
situations, yet, there is vast difference
between repeating a law and annullins
facts accomplished by that law when in
force. For example. take the statute OF
limitations: repeal. the law after it hat
barred the debt, the repeal will moi
change the status Of the debt. Repeal the
law that gave to Kinds county the power
to issue bonds-it will not annul single
bond heretofore issued.
But the Constitution of 1869 ad-
mits no change of place rs to any
of the departments of government
All must be at the seat of govern
ment permanently established rs
aforesaid, fully recognized as afOre
said. As to the Legis ature, that Consti-
tuition required that they should meet at
the seat Of government on the first Tues
day of each January until altered By lG,o
The Legislature could not alter either
place or time except by amendment of
the Constitution. In 1877 and 8 the time
was changed from annual to biennial not
sessionsn OF by simple act of the Legisla
ture, but by proceeding according to
article l3 of the Constitution, that is BY
vote of the people. (Aets of 1873, p. H.
Under article 4, section of the Con
stitution of 1869, the same language
until altered By lar applies to both
place and time of the regular sessions,
aud certainly the Legislature, if it could
not change the time could not change the
place; neither could be changed except
by law SO enacted as to amend that
clause in the Constitution. A mere act
Of the Legislature could not accomplish
that, therefore the Legislatures of 1877
and 1878 did not undertake to change
The time by simple act of the Legisla
.ure, but proceeded under article Is of
aid Constitution to amend article 4, Sec
ion s.
We are told by Judge Wood that the
amendment of 1873 expressly provides
hat the time and place of meeting
nag be altered By lar. So did article 4
,ection s; the phrases are the same, 'al-
cred by law" but the Legislatures of
.877 and 1873, in the amendment itself,
their own language to mean
lot mere act Of the Legislature, but
aw so enacted as to amend said section |
of the Constitution; for in order to
mend said section 6 of article 4, that |
aw, was adopted as prescribed BY said |
rticIe IS, thus recognizing that they |
ould not alter the time and place Of |
Meeting except in that way. In 4 word,
hat amendment recognizes that the time |
nd place Of regular sessions are perma-
emily established until altered BY leg
station competent to amend the Consti-
ution, and like article 1, section 6, it,
eeognizes that the place where
be Legislature must hold its BIZ
nnial terms, unless some amend
lent Of the Constitution shall A.