Section 99. The legislature shall not elect any other than its own officers, state librarian and United States Senators; but this section shall not prohibit the legislature from appointing presidential electors.
All the judges of the state, except justices of the peace, are appointed by the Governor by and with the advice and consent of the senate. Mississippi was, it may be mentioned parenthetically, the first state to provide for an elective judiciary; this was done in her constitution of 1832; but she is now as far away from that mode of selection as she can well be, her present constitution providing for their appointment and her people generally, it is believed, are thoroughly satisfied with the present status of the matter. There are two instances in which the electors vote directly upon the subject of the enforcement of laws; and without an affirmative vote in their favor the statutes are not enforced. These are, first the Local Option law, by which the qualified electors of a county, if a majority vote against the sale, may prohibit the licensing of dram-shops in the county, and under which a large majority of the counties of the state have secured absolute statutory prohibition of the liquor traffic; and, second, the fence and stock law, by which is determined the question of whether the owners of live stock shall keep them confined, and thus allow of the production of crops on unenclosed lands. This resolves itself into a question of "fences" or "no fences," and it is left to a vote in the counties, or parts of counties can vote upon it. This question is left to "the resident freeholders and leaseholders for a term of three years or more" of the territory so voting. It will be noticed that neither sex nor age is mentioned, and in truth women and infants do actually vote in the state, on this interesting and to those involved, most serious question.
The Supreme Court of the state has settled beyond cavil that the statute is constitutional and valid. This "fence" or "no fence" election is possibly an exception to the general rule of the state that a plurality vote elects or carries. I say, possibly is an exception, because of ambiguity in the statute, construed as I think it may be seen by some minds, it will require two thirds of the vote cast to put the "no fence" law in force.
All elections in Mississippi since 1821 have been by ballot, and this is now the constitutional rule; we have here the Australian or secret ballot system very much as it is found in a number of states of the Union, and it accomplishes in its practical operation the primary objects of the system; first, the absolute prevention of bribery, for no man will bribe a voter if the only evidence of the delivery of the contracted-for vote be the word of the bribe taker, and, second, the prevention of intimidation of voters, which is practically impossible.
The absence from the voting place since the introduction of the system of the ticket broker and professional bummer is notable.
It was the intention of the writer when this article was begun to present his views on many of the questions suggested and germain to the general subject, but this paper has now grown so long that he will have to be content with a presentation of a mere historical narrative of matters pertaining to suffrage in this state. He consoles himself with the reflection that perhaps such a contribution may be more valuable to the true and earnest student of the subject than would be any discourse that he might write which in its nature was sought to be made philosophical, or which was merely speculative. If the facts are presented, if the history be made accessible, the student who is interested enough to read will draw the proper conclusions.