from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
MISSISSIPPI. The name of one of the new states of the United States of
America. This state was admitted into the Union, by a resolution of
congress, passed the 10th day of December, 1817; 3 Story's L. U. S. 1716; by
which it is "Resolved, that the state of Mississippi, shall be one, and is
hereby declared to be one of the United States of America, and admitted into
the Union on an equal footing with these original states, in all respects
whatever."
2. The constitution of this state was adopted at the town of
Washington, the 15th day of August, 1817. It was revised by a convention,
and adopted on the 26th day of October, 1832, when it went into operation.
3. By the second article of the constitution, a provision is made for
the distribution of powers as follows, namely;
Sec. 1. The powers of the government of the state of Mississippi, shall
be divided into three distinct departments, and each of them confided to a
separate body of magistracy; to wit; those which are, legislative to one,
those which are judicial to another, and those which are executive to
another.
4.-2. No person, or collection of persons, being of one of these
departments, shall exercise any power properly belonging to either of the
others, except in the instances hereinafter expressly directed or permitted.
5.-1st. The legislative power of this state is vested in two distinct
branches the one styled "the senate" the other, "the house of
representatives;" and both together, "the legislature of the state of
Mississippi.
6. The following regulations, contained in the third article of the
constitution, apply to both branches of the legislature.
7.-Sec. 16. Each house may determine the rules of its own proceedings
punish members for disorderly behaviour, and, with the consent of two-
thirds, expel a member, but not a second time for the same cause; and shall
have all other powers necessary for a branch of the legislature of a free
and independent state.
8.-Sec. 17. Each house shall keep a journal of its proceedings, and
publish the same; and the yeas and nays of the members of either house, on
any question, shall, at the desire of any three members present, be entered
on the journal.
9.-Sec. 18. When vacancies happen in either house, the governor, or
the person exercising the powers of the governor, shall issue writs of
election to fill such vacancies.
10.-Sec. 19. Senators and representatives shall, in all cases, except
of treason, felony, or breach of the peace, be privileged from arrest during
the session of the legislature and in going to and returning from the same,
allowing one day for every twenty miles such member may reside from the
place at which the legislature is convened.
11.-Sec. 20. Each house may punish, by imprisonment, during the
session, any person, not a member, for disrespectful or disorderly behaviour
in its presence, or for obstructing any of its proceedings: Provided, such
imprisonment shall not, at any one time, exceed forty-eight hours.
12.-Sec. 21. The doors of each house shall be open, except on such
occasions of great emergency, as, in the opinion of the house, may require
secrecy.
13.-Sec. 22. Neither house shall, without the consent of the other,
adjourn for more than three days, nor to any other place than that in which
they may be sitting.
14.-Sec. 23. Bills may originate in either house, and be amended,
altered or rejected by the other, but no bill shall have the force of a law,
until on three several days, it be read in each house, and free discussion
be allowed thereon, unless four-fifths of the house in which the bill shall
be pending, may deem it expedient to dispense with this rule; and every bill
having passed both houses, shall be signed by the speaker and president of
their respective houses.
15.-Sec. 24. All bills for raising revenue shall originate in the
house of representatives, but the senate may amend or reject them as other
bills.
16.-Sec. 25. Each member of the legislature shall receive from the
public treasury a compensation for his services, which may be increased or
diminished by law, but no increase of compensation shall take effect during
the session at which such increase shall have been made.
17.-Sec. 26. No senator or representative shall, during the term for
which be shall have been elected, nor for one year thereafter, be appointed
to any civil office of profit under this state, which shall have been
created, or the emoluments of which shall have been increased, during such
term, except such offices as may be filled, by elections by the people; and
no member of either house of the legislature shall, after the commencement
of the first session of the legislature after his election and during the
remainder of the term for which he is elected, be eligible to any office or
place, the appointment to which may be made in whole or in part by either
branch of the legislature.
18.-Sec. 27. No judge of any court of law or equity, secretary of
state, attorney general, clerk of any court of record, sheriff or collector,
or any, person holding a lucrative office under the United States or this
state, shall be eligible to the legislature: Provided, That offices in the
militia, to which there is attached no annual salary, and the office of
justice of the peace, shall not be deemed lucrative.
19.-Sec. 28. No person who hath heretofore been, or hereafter may be,
a collector or holder of public moneys, shall have a seat in either house of
the legislature, until such person shall have accounted for, and paid into
the treasury, all sums for which he may be accountable.
20.-Sec. 29. The first election for senators and representatives shall
be general throughout the state, and shall be held on the first Monday and
day following in November 1833; and thereafter, there shall be biennial
elections for senators to fill the places of those whose term of service may
have expired.
21.-Sec. 30. The first and all future sessions of the legislature
shall be held in the town of Jackson, in the county of Hinds, until the year
1850. During the first session thereafter, the legislature shall have power
to designate by law the permanent seat of government: Provided, however,
That unless such designation be then made by law, the seat of government
shall continue permanently at the town of Jackson. The first session shall
commence on the third Monday in November, in the year 1833. And in every two
years thereafter, at such time as may be prescribed by law.
22.-1. The senate. Under this lead will be considered the
qualification of senators; their number; by whom they are elected; the time
for which they are elected.
1. No person shall be a senator unless he be a citizen of the United
States; and shall have been an inhabitant of this state for four years next
preceding his election, and the last year thereof a resident of the district
for which he shall be chosen, and have attained the age of thirty years.
Art. 3, s. 14.
2. The number of senators shall never be less than one-fourth, nor more
than one-third, of the whole number of representatives. Art. 3, s. 10. 3.
The qualifications of electors is as follows: every free white male person
of the age of twenty-one years or upwards, who shall be a citizen of the
United States, and shall have resided in this state one year next preceding
an election, and the last four months within the county, city, or town in
which he offers to vote, shall be deemed a qualified elector. Art. 3, s. 1.
4. The senators shall be chosen for four years, and on their being convened
in consequence of the first election, they shall be divided by lot from
their respective districts into two classes, as nearly equal as can be. And
the seats of the senators of the first class shall be vacated at the
expiration of the second year.
23.-2. The house of representatives, will be considered in the same
order that has been observed in relation, to the senate. 1. No person shall,
be a representative unless he be a citizen of the United States, and shall
have been an inhabitant of this state two years next preceeding his
election, and the last year thereof a resident of the county, city or town
for which be shall be chosen; and shall have attained the age of twenty-one
years. Art. 3, s. 7. 2. The number of representatives shall not be less than
thirty-six, nor more than one hundred. Art. 3, s. 9. 3. They are elected by
the same electors who elect senators. Art. 3, s. 1. 4. The representatives
are chosen every two years on the first Monday and day following in
November. They serve two years from the day of the commencement of the
general election and no longer. Art. 3, s. 5, and 6.
24.-2d. The judicial power. By the fourth article of the constitution,
the judicial power is distributed as follows, namely:
Sec. 1. The judicial power of this state shall be vested in one high
court of errors and appeals, and such other courts of law and equity as are
hereafter provided for in this constitution.
25.-Sec. 2. The high court of errors and appeals shall consist of
three judges, any two of whom shall form a quorum. The legislature shall
divide the state into three districts, and the qualified electors of each
district shall elect one of said judges for the term of six years.
26.-Sec. 3. The office of one of said judges shall be vacated in two
years, and of one in four years, and of one in six years, so that at the
expiration of every two years, one of said judges shall be elected as
aforesaid.
27.-Sec. 4. The high court of errors and appeals shall have no
jurisdiction, but such as properly belongs to a court of errors and appeals.
28.-Sec. 5. All vacancies that may occur in said court, from death,
resignation or removal, shall be filled by election as aforesaid. Provided,
however, that if the unexpired term do not exceed one year, the vacancy
shall be filled by executive appointment.
29.-Sec. 6. No person shall be eligible to the office of judge of the
high court of errors and appeals, who shall not have attained, at the time
of his election, the age of thirty years.
30.-Sec. 7. The high court of errors and appeals shall be held twice
in each year, at such place as the legislature shall direct, until the year
eighteen hundred and thirty-six, and afterwards at the seat of government of
the state.
31.-Sec. 8. The secretary of state, on receiving all the official
returns of the first election, shall proceed, forthwith, in the presence and
with the assistance of two justices of the peace, to determine by lot among
the three candidates having the highest number of votes, which of said
judges elect shall serve for the term of two years, which shall serve for
the term of four years, and which shall serve for the term of six years, and
having so determined the same, it shall be the duty of the governor to issue
commissions accordingly.
32.-Sec. 9. No judge shall sit on the trial of any cause when the
parties or either of them shall be connected with him by affinity or
consanguinity, or when he may be interested in the same, except by consent
of the judge and of the parties; and whenever a quorum of said court are
situated as aforesaid, the governor of the state shall in such case
specially commission two or more men of law knowledge for the determination
thereof.
33.-Sec. 10. The judges of said court shall, receive for their
services a compensation to be fixed by law, which shall not be diminished
during their continuance in office.
34.-Sec. 11. The judges of the circuit court shall be elected by the
qualified electors of each judicial district, and hold their offices for the
term of four years, and reside in their respective districts.
35.-Sec. 12. No person shall be eligible to the office of judge of the
circuit court, who shall not, at the time of his election, have attained the
age of twenty-six years.
36.-Sec. 13. The state shall be divided into convenient districts, and
each district shall contain not less than three nor more than twelve
counties.
37.-Sec. 14. The circuit court shall have original jurisdiction in all
matters, civil and criminal, within this state; but in civil cases only when
the principal of the sum in controversy exceeds fifty dollars.
38.-Sec. 15. A circuit court shall be held in each county of this
state, at least twice in each year; and the judges of said courts shall
interchange circuits with each other, in such manner as may be prescribed by
law, and shall receive for their services a compensation to be fixed by law,
which shall not be diminished during their continuance in office.
39.-Sec. 16. A separate superior court of chancery, shall be
established, with full jurisdiction in all matters of equity; Provided,
however, the legislature may give to the circuit courts of each county
equity jurisdiction in all cases where the value of the thing, or amount in
controversy, does not exceed five hundred dollars; also, in all cases of
divorce, and for the foreclosure of mortgages. The chancellor shall be
elected by the qualified electors of the whole state, for the term of six
years, and shall be at least thirty years old at the time of his election.
40.-Sec. 17. The style of all process, shall be "The state of
Mississippi," and all prosecutions shall be carried on in the name and by
the authority of "The state of Mississippi," and shall conclude "against the
peace and dignity of the same."
41.-Sec. 18. A court of probates shall be established in each county
of this state, with jurisdiction in all matters testamentary and of
administration in orphans' business and the allotment of dower, in cases of
idiocy and lunacy, and of persons non compos mentis; the judge of said
court shall be elected by the qualified electors of the respective counties,
for the term of two years.
42.-Sec. 19. The clerk of the high court, of errors and appeals shall
be appointed by said court, for the term of four years, and the clerks of
the circuit, probate, and other inferior courts, shall be elected by the
qualified electors of the respective counties, and shall hold their offices
for the term of two years.
43.-Sec. 20. The qualified electors of each county shall elect five
persons for the term of two years, who shall constitute a board of police
for each county, a majority of whom may transact business; which body shall
have full jurisdiction over roads, highways, ferries, and bridges, and all
other matters of county police, and shall order all county elections to fill
vacancies that may occur in the offices of their respective counties: the
clerk of the court of probate shall be the clerk of the board of county
police.
44.-Sec. 21. No person shall be eligible as a member of said board,
who shall not have resided one year in the county: but this qualification
shall not extend to such new counties as may hereafter be established until
one year after their organization; and all vacancies that may occur in said
board shall be supplied by election as aforesaid to fill the unexpired term.
45.-Sec. 22. The judges of all the courts of the state, and also the
members of the board of county police, shall in virtue of their offices be
conservators of the peace, and shall be by law vested with ample powers in
this respect.
46.-Sec. 23. A competent number of justices of the peace and
constables shall be chosen in each county by the qualified electors thereof,
by districts, who shall hold their offices for the term of two years. The
jurisdiction of justices of the peace shall be limited to causes in which
the principal of the amount in controversy shall not exceed fifty dollars.
In all causes tried by a justice of the peace, the right of appeal shall be
secured under such rules and regulations as shall be prescribed by law.
47.-Sec. 24. The legislature may from time to time establish, such
other inferior courts as may be deemed necessary, and abolish the same
whenever they shall deem it expedient.
48.-Sec. 25. There shall be an attorney general elected by the
qualified electors of the state: and a competent number of district
attorneys shall be elected by qualified voters of their respective
districts, whose compensation and term of service, shall be prescribed by
law.
49.-Sec. 26. The legislature shall, provide by law for determining
contested elections of judges of the high court of errors and appeals, of
the circuit and probate courts, and other officers.
50.-Sec. 27. The judges of the several courts of this state, for
willful neglect of duty or other reasonable cause, shall be removed by the
governor on the address of two-thirds of both houses of the legislature; the
address to be by joint vote of both houses. The cause or causes for which
such removal shall be required, shall be stated at length in such address,
and on the journals of each house. The judge so intended to be removed,
shall be notified and admitted to a hearing in his own defence before any
vote for such address shall pass; the vote on such address shall be taken by
yeas and nays, and entered on the journals of each house.
51.-Sec. 28. Judges of probate, clerks, sheriffs, and other county
officers, for willful neglect of duty, or misdemeanor in office, shall be
liable to presentment or indictment by a grand jury, and trial by a petit
jury, and upon conviction shall be removed from office.
52.-3d. The chief executive power of this state shall be vested in a
governor. It will be proper to consider his qualifications; by whom he is
elected; the time for which he is elected; his rights, duties and powers;
and how, vacancies are supplied when the office of governor becomes vacant.
53.-1. The governor shall be at least thirty years of age, shall have
been a citizen of the United States for twenty years, shall have resided in
this state at least five years next preceding the day of his election, and
shall not be capable of holding the office more than four in any term of six
years. Art. 5, s. 3.
54.-2. The governor shall be elected by the qualified elector's of the
state. Art. 5, s. 2.
55.-3. He shall hold his office for two years from the time of his
installation. Art 5, s. 1.
56.-4. He shall, at stated times, receive for his services a
compensation which shall not be increased or diminished during the term for
which he shall be elected. Art. 5 s. 4.
57.-5. He shall be commander-in-chief of the army and navy in this
state, and of the militia, except when they shall be called into the service
of the United States. Art. 5, s. 5.
58.-6. He may require information in writing, from the officers in the
executive department, on any subject relating to the duties of their
respective offices. Art. 5, s. 6.
59.-7. He may, in cases of emergency, convene the legislature at the
seat of government, or at a different place, if that shall have become,
since their last adjournment, dangerous from an enemy or from disease; and
in case of disagreement between the two houses with respect to the time of
adjournment, adjourn them to such time as he shall think proper, not beyond
the day of the next stated meeting of the legislature. Art. 5, s. 7.
60.-8. He shall from time to time give to the legislature information
of the state of the government, and recommend to their consideration, such
measures as he may deem necessary and expedient. Art. 5, s. 8.
61.-9. He shall take care that the laws be faithfully executed. Art.
5, s. 9.
62.-10. In all criminal and penal cases, except in those of treason
and impeachment, he shall have power to grant reprieves and pardons, and
remit fines; and in cases of forfeiture to stay the collection until the end
of the next session of the legislature, and to remit forfeitures by and with
the advice and consent of the senate. In cases of treason he shall have
power to grant reprieves by and with the advice and consent of the senate,
but may respite the sentence until the end of the next session of the
legislature. Art. 5, s. 10.
63.-11. All commissions shall be in the name and by the authority of
the state of Mississippi; be sealed with the great seal, and signed by the
governor, and be attested by the secretary of state. The governor is also
invested with the veto power. Art. 5, s. 15 and 16.
64. Whenever the office of governor shall become vacant by death,
resignation, removal from office, or otherwise, the president of the senate
shall exercise the office of governor until another governor shall be duly
qualified; and in case of the death, resignation, removal from office, or
other disqualifications of the president of the senate so exercising the
office of governor, the speaker of the house of representatives shall
exercise the office, until a president of the senate shall have been chosen;
and when the office of governor, president of the senate, and speaker of the
house shall become vacant, in the recess of the senate, the person acting as
secretary of state for the time being, shall by proclamation convene the
senate, that a president may be chosen to exercise the office of governor.
Art. 5, s. 17.