Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1840-02-01


osrac5l r-a,-; and ia 0a.s country They Lave bad .
.be sa.rt alI bo.daess to assert iher claim 20 .
that rrot-ctor-tp. Hence, "cs sis-Ha! fig'- I
lance is ne 7li-se hbsr'g, is the imPaa- .
i've, IS v,ua a. high privilege Of the people, TO
watch Nib a Jealous eye lie progress of Iessla-
ton. and promptly resist every al'emP! 10 impair
abr.dge, or destroy any privilege which may pro.
perly be enjoyed under our free goyefnment, or
any rlgb, secured by our State Or National Con
s,tuuons.
The people, loo, are the ultimate esPOundefs
Of iher consuutous and # their agents. day
constituted to pass original Judgment upon the
considu,ioualty Of law, err therein, Their decI-
sion is subject 10 reversal BY the Supreme appel
late tribunal. the people, Therefore, 1t may not
be improper to call the attention Of the people to
much Of an Act Of 1928, as makes it the duty
Of the several Clerks Of the Courts of this State
to issue executions on forfeited, forthcoming bonds
against The principal and s'usGe' therein, tritt-
ont he reH Of trial By J,ay or any process e
iaw ehaierer.
! That provision Of the statute is manrestly un-
constitutional and void And as our Courts,
wllh The honorable exception Of the Court Of the
| 9th Judicial District, seem inclined to sanction
and adopt il as legitimate child Of legislation,
II is high time for the people to apply the neces
sary corrective to effect It's repeal, OF its judicial
death Its not only repugnanl, both to our State
and National Constitute ms, but it robs the people
OF several Of heir most sacred rights. Under it
no mans property or liberty IS safe. Every mans
property and liberty are in constant Jeopardy--li.
able to he flched from him by the levy of an ex-
ecnlion issued upon a forged forthcoming bond,
without any notice whatever to the parties sought
to be charged.
! That Act is in direct contravenun of that
equitable provision Of the constitution, which de-
clares that "no srciusire pririleges shall be
granted 10 any person, corporation, or body poll
tic, bui IN consequence Of public services render
ed. Does not the aforesaid Act clearly give
exclusive privileges TO particular class Of crcdl-
tors Do creditors in forthcoming bonds under
this Act, enjoy important rights not extended or
allowed to creditors in other bonds and contract,
This is manifest They possess the arbitrary
right 10 executions against The property and bo-
dies of their bond debtors, both principals and
sufeiies, without the delay or trouble Of trial, aud
without opportunity to the debtors to contest the
validity Of the claims upon which they are found
ed.
If it he said that the debtors have an opporuni
y to contest the validity Of the clam, before the
Judge on motion to quash the bond, the answer
IS, that the liability or non liability Of obhgors
the validity or inyahdily Of bond depends, i;
part, upon (dcis-and that the constitution arC
laws Of this county recognize no jurisdiction o
power in Judge 10 determine any matters Of fac
whatever And besides, the meager privilege 0
Judge trial fails in some cases, In all cases o
forgery, for instance, the nominal oblgors hav
no opportunity 10 test their liability even by ii
unconstitutional scales Of single handed justice
Cor they are wholly ignorant Of the existence G
the bond until their property or bodies are arrest
ed by the levy of the execution
That Act conlrayeues, also, those express pro
+ visions of the constitution Of this State, and III
. United States which guarantee 10 every cze
the sacred right Of trial by jury. Upon ever
contract, bond or other writing obligatory whcr,
in a party is sought to be charged there are ce
tain facts 10 be found, which cannot be const
! tonaiiy found except by the Intervention OF Iur
' The obligors in forthcoming bonds, as well as
u other instruments, have a constitutional right
y which the legislature cannot divest them, to rel
J. to the decision Of jury all the material FACTS
d. rising thereon To WIT, whether the bond
10 their bond whether at the time OF its execute
'r they were under any legal disability to contract
s. whether minors, o. adults-whether Of sane
h non sane mind-whether made under duress,
IN their voluntary ac,--whelher the property lew
be upon and specified in the bond was the proper
to Of the principal defendant at the time OF the lie
C whether the bond has been satisfied by pa
Nd menl, OF other discharge Of the debt. was tax
he to secure, SC SC. Now the power that c
elk take away the right Of obigors, in iouhcoml
TO bonds, 10 submit these facts 10 the decision OF
len Jury Of their county, can abolish the night oil II
'n- by jury in all civil cases. II the legislature c
OF CONSTITUTE nally divect one man Of this import
en-, tghl, in single instance, then Il can const'
led nonally dyesta,ty uan Of the right in srfry
no. stance. II it can legisIatc this paramount ri
IN out of the forthcoming bond obhgor, Why not
are Of oblgorSl The truth Is, if the Act alo
NJ said be valid, then the legislature, IN its lcisdc
non may ralidly enact that It Shall be the duty Of
e" several Clerks Of the Courts to issue execute
mai on all bills. notes, contracts, and obligations
ave every name aud nature, hereafter made, or p
ahu porting on Their face 10 hare been made by
'oV parties therein named at any time after the sa
= are PAYABLE on presentation 10 his office.
deed such an Act would be liable to fewer c
we \ A.nt,..rs thnn lhn