Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1840-05-26
To THE EDIToR OF THE ARGUS.

Legislature involves various inlrac-
lions of the Federal constitution of so
gross nature, that they must have by
this time stricken the apprehension Of
the father and supporters of it. The
excitement of party and the villany OF
the banks may be plead in extenuation
of the passage of the law, but no apollo
cry, can compensate for the injuries of
a broken constitution. The Lapides
Terminates or land marks ola private
citizen of the Roman Empire were es-
teemed sacred, and he who dared to
move, or plough or transfer them TO
another place forfeited his head, and
it was lawful for any body to kill him.
1t is perhaps due to human frailty to
abate the rigour of the Roman Law,
but it must be matter of deep regret,
that orr Constitution, the land mark OF
each freeman's liberty should be tram
pied upon, and broken for SO slight a |
cause as party excitement and the
villany of the banks. The injury has
. been inflicted, and the sanctity of the
instrument is gone. Better far that
, those broken institutions had been left
untouched, than that the very rock up
on which our government is based
S should have been fractured. The con-
D stitution once broken, its sanctity des-
troyed, will quickly cease to excite in
the minds ofthe people, that reverence
+ which alone can preserve it. In de-
. mocratic government the majority may
! exert over the minority a despotism as
oppressive as could be exerted by the
veriest tyrant. 1t is the glory and the
$ boast of our government that the rights
n Of the minority and even Of the weak
a est and meanest of her citizens are pro-
|, tected by written constitution. Among
n. those rights thus guaranteed, one of the
u dearest is the right Of trial by jury. Ii
r. is the peculiar province Of the jury to
= find facts, and that of the court to pro-
- nounce the law upon the facts thus
found. In no case can the court dare
lis to usurp the province of the jury and
BY find facts. Could it do so, its despo-
n tism would be complete. The lives
nd liberties and fortunes of the people
would be at the mercy of corrup
Judge, could he usurp the province o
~ the jury, and find facts, and then pro
nc nounce the sentence of the law, as ap
: plicable to those facts.-Our fedora
- and state constitutions have thrown
II shield around the weakest and meanes
,le Of the people to protect them agains
Nv such oppression, and have declare,
re that no man shall be effected in his per
m son orproperty except through the yer
dict Of a jury. This right thus solemnl
guaranteed the bank repeating law ha
zen assailed and demolished. BY that lay
ed. if any bank or other monied corpora
o. ton shall fail TO pay specie for its note
:, after certain day, the corporate pow
uO- ers of that bank or monied corporation
is rendered null, void &C., and its eff
net fects are to be seized upon by com
Sh- missioner appointed by the governor
III Should bank be accused of havln!
failed to pay specie according to thi
so, provision of the law, the truth of tn
as accusation must be ascertained b.
ar the verdict of a jury. The constitution
sid which guarantees the trial by jury, for
he bids all other modes of enquiry. TIL
SO accusation might be made falsely. TIL
my bank has right to deny the charge
and to call for the proof of it. 1t has
right to prove upon the trial that tn
zee note presented prepayment was coun
re- terfeit note, and that payment was re1a
to sed on that account. 1t has right t.
AN prove on the trial that the person VIII,
De- presented the note for payment was in
be, debted to the bank to a greater amour
tep, than the note. Any one Of these fact
he would acquit the bank of the charge
the That law which robs the bank of tn
If right to set up these facts in its defenc
nos is tyrannical and oppressive, and sub
verts the right Of trial byjury guaran
en- en- teed by the constitution. The ban
bay repeating law is coupled with the in
Don fanny of this outrage. Itputs banks an
the property of innocent stockholders
der beyond the pale of the constitution
IN condemns them unheard, and wither
on trial, confers upon the governor tn
INT province ola jury, requires him to fin
,en the above facts, then by strange an
ton unheard of metamorphosis convert
,om him into judge to pronounce the sen
! Is tence ofthe law upon the facts so foun
,ea by himself, and to cap The climax, CON
n. pels him through his commission t
req execute the sentence. In him are con
be bined the important offices of Judge
d to jury, and hangman. The Constitute
uch would be no more outraged were til
elm governor empowered upon the sligl
sire evidence ofan exparte affidavit to pre-
tive nounce sentence Of death upon a ma
tio 70 Tor murder, and to carry that sentenc
no by his commissioner into effect. Th
in union ofjudge, jury and sheriff in til
de- person of the governor, make but
the part of the dark lineaments Of the pit
in ture. The evidence upon which tn
no uwr@w.-