The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1884-03-02

developed. Article 532-Returns OF
Governors election made 10 Secretary
Of State Eat the seat Of government"
Article 587-Governor, in cases Of emer.
geucy may convene the Legislature "at
the seat Of government" or at any other
place IL from an enemy or disease the
seat Of government" shall become
dangerous place. Article 657-The Su.
prem Court shall meet at the seat OF
government at such times as the Legis.
iature may prescribe. Article 4S6-Ihe
Legislature shall meet annually at the
seat Of government" on Tuesday next
after the frst Monday OF each January
until altered By Ldv.
Literally no one OF these sections is a
re enactment OF section 30, article 3 Of
the Constitution Of 1882, but they are
better than that, for they are distinct
recognitions OF fact created and per
manently established by that Consti
tuition. recognized and acted on by all
the departments Of government, fI
thirty years, permanent political
status recognized by the Convention,
and the Constitution II adopted recog-
nized as permanent political fact, and
not changed.
But Judge Wood says that because
the Constitution OF 1892 il not now a
part Of the laws Of Mississippi, there.
fore the permanency Of the location
made by that Constitution Is lost. The
zane argument would ppve that there
mas been no seat Of government since
1869, for the Constitution Of 1869, in
terms, repeats all previous Constitution $
schedule, section !, and except by recog.
alton a. aforesaid creates no seat OF
government; and no act of the Legisla-
ture since 1869 has created one; II, there
ore, the permanent location made by the
Constitution Of 1882. ended on the adop
ion OF the Constitution Of 1869, we have
al no seat Of government for the last
fifteen years.
But though it is true that the Consti
,ution Of 1869 repealed all previous Con.
,titutions, yet, there is vast difference
,etween repeating law and annulling
dcts accomplished by that law when in
orce. For example. take the statute OF
limitations: repeal the law after it has
,arred the debt, the repeal will not
,hsnge the status Of the debt, Repeal the
NV that gave to Kinds county the power
to issue bonds-it will not annul single
,ond heretofore issued.
But the Constitution Of 1869 adj
,hts no change Of place "a to any
# the departments Of government,
All must be at the seat of govern
nent permanently established as
foresaid, fully recognized as afore
aid. As to the Legis allure, that Consti-
tuition required that they should meet at
he seat Of government on the first Tues
day Of each January until altered by lar
,ne Legislature could not alter either
pl ace or time except by amendment OF
ne Constitution. In 1877 and 8 the time
vas changed from annual % biennial not
,csaionsn ct by simple act Of the Lsgsla
.ur but by proceeding according to
lrtice IS of the Constitution, that is by
ote of the people. (Acts of 1873, p. ~
Jnder article 4, section 6 OF the Con
titution of 1869, the same language
until altered By taw" applies to bot
,lace and time of the regular sessions,
nd certainly the Legislature, if it could
not change the time could not change the
place; neither could be changed except
" II law so enacted as u amend that
lause in the Constitution. A mere act
the Legislature could not accomplish
hat, therefore the Legislatures of 1877
md 1878 did not undertake to change
he time by a simple act of the Legisla
ture, but proceeded under article Is Of
aid Constitution to amend article 4, SO
ton 6.
We are told by Judge Wood Il at tue
amendment of 1873 expressly pro, d :
hat the time aud place of NEE | "
nay Be altered by iaW So did article 4
section 6 the phrases are the same, "al.
tered by law" but the Legislatures of
1877 and 1878. in the amendment itself,
construed their own language to mean
not mere act of the Legislature, but a
law so enacted as to amend said section
6 OF the Constitution; for in order to
amend said section of article 4, that
aw, was adopted as prescribed by said
nrt Gle Ii, thus recognizing that they
nnlt not alter the time and place Of
meeting except in that way, In a word,
mat amendment recognizes that the time
and place of regular sessions are perma
nentiy established until altered by leg
islati0n competent to amend the Consti
tuition, and like article 4, section 6, il
recognizes that the place where
the Legislature must hold its bi
ennial terms, unless some amend
ment of the Constitution shall al
GER the place; and it, like section 6, arti
Gle 4, recognizes that no legislation cal
alter the place unless done according T.
article Is Of the Constitution Tor by Con
it recognizes the status exist
ing before and after the Consultation o
Of 1869 took effect, permanent statn
in 1850 under the Consti
tuition Of 1882, never since changed
attempted 10 be changed, and uniform
" recognized and acted on BY Convei
ions, Legislatures and in every othe
iolitical form.
But suppose | wera to eoneede (fo
he sake of argument) that the Legisb
,ure has the power, by its mere act, to u
.er its place of meeting as often as
,leases aud to any place II pleases,
Mould not thereby admit its power
,hange the seat of government; it won
larry only one of the three department
. its appointed meeting elsewhere, du
ng which meeting the seat Of Cover
uent would remain legally as perm
lent as ever, and when the Constit
ional time came the regular meetin
ynnld be or shnnld he nj fhA Cnnstif,