The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1884-02-26
Removal Of the Capitol-Constitu.
tionaI Difficulties.
JACKSON, Feb. rs, 1884.

SACksOh, req. 20, 1851
EprroA CIAHIos: l am impressed with
the assiduity, industry and ability Of the
Legislature on all subjects brought before
IL, but / am more strongly impressed with
the conviction that at present they arc vast
ing their valuable labor on q project that
il beyond their legal capacity, and am
still more strongly impressed with the fur
Their conviction that the Meridian delega-
ton are dissipating their time and venti-
lating their local vanity for naught.
think this Legislature has no power to
make Meridian the seat Of government OF
Mississippi.
revert TO the fact that the Congress OF
the United States gave TO the State Of Mis-
sissippi for the purpose Of locating there
on its seat Of government a tract Of land,
that Mississippi accepted the gift for that
purpose, and on the track located its seat
OF government, built its State House, its
Governors mansion and other public build
ings. That on IL the United States has To-
Gated her courts, her Offices and built her
public buildings because IL was the seat OF
government OF Mississippi. The State
Constitution Of 1882, made that town the
seat OF government Of tho State Of Missis-
sippi until 1850, and provided that during
tho first session Of the Legislature there
after II should have power 10 designate by
law the permanent seat Of government,
but II such designation be not then made,
tho seat OF government shall continue per-
mainly At Jackson. See Code Of 81, p. 20,
s 80.
Al tho session in March, 1850, House
journal, pages $50, sos, $50, the effort was
made TO remove tho scat OF government
from Jackson. II failed and jackson by
force Of the Constitution became permanently
the seat OF government, and has remained
so to this day. Tho language quoted above
until 1869 was reprinted in every volume
OF the session acts. During the whole time
the terms seat Of government, when used,
meant Jackson. The Constitution of 1863,
though IT does not quote the language Of
the Constitution OF 1882, yet IL has an
equivalent, for il provided that the Legisla-
ture shall meet at the seat Of government
until altered by Law, art 4, Sc. At the time
that constitution was adopted Jackson was
tho seat OF government, the convention
which adopted IL mot al tho seat Of gov
ernment," but according TO the section
that seat OF government could be altered
by law. The worry fact that it was suscepti-
bic OF alteration by law is a recognition
that Jackson was the seat OF government
established by law, and II by law, by what
lawY Mono other but the constitution of
1882, for that is the only direct law to be
found on the subject.
In other provisions Of the constitution
OF 1869, there are like recognitions OF
jackson ~ the constitutional "seat Of gov
eminent" OF the State OF Mississippi, a
seat OF government defacto and by force of
the constitution, not for time, but accord
ing TO the constitution, permanently.
Tho Consultation OF 1869 does not
change or attempt to change the seat OF
government" nor give nor attempt TO give
the Legislature the power to change II.
But am told that the amendment four
of tho Constitution Code of 1880, page 4o)
does give tho Legislature the power to
change it. think it confirms my solution,
for Il provides that on a specified day the
Legislature shall meet at the "seat of gov
eminent" and bisnnially thereafter. That
ia positive provision that biennially the
Legislature shall meet at the seat
of government, Jackson, for Jack
son was thon the seat of govern
ment established by constitutional Law
permanently. II was not changed by that
consultation, nor does the amend
ment give the Legislature power to change
the permanent seat of government, but
recognize il as the place for the biennial
meetings, but II does declare that the time
and place Of meeting may be altered by
law; that docs not even imply that the per
manently located seat of government may
be changed by an act Of the Legislature. Il
implies no more than it says, that the
place of any meeting may be changed b!
law, bat the Legislature is given no power
TO change the permanent seat of govern
ment. d. SHELTON.