Mississippi Democrat. (Carrollton, Miss.) 1844-18??, 1844-12-17

Chancery, in term time, aBd before a SIN
gle Judge Of either in vacation. An
ciently, no one in any case could centric
vert the return Of habeas corpus, upon
which alone the court or Judge decided
upon the legality Of the commitment or
detainer, But x Writ Of Sc G. 3 c.
lG0, 8. (, q PR 40r SfoJaht pp ulaer
habeas corpus Issued eli common law may
controye,t lie truth q. lhe return. The
Judgment Of the coaet or judge is final
Thus It is seen that this writ is founded on
the common law, and gradually improved
and extended in England by statutes to
carry into actual ana practical utility the
free privileges Of the subjects secured to
them by Magma Carta and the constitution.
It creates a jurisdiction, distinct, sepa-
rate, and independent, and though courts,
and Judges Of those courts, are nominated
by law 10 exercise il, they DO SO, not by
virtue of their otherwise judicial charac-
ter, authority ana jurisdiction, but by the
actual grant Of power TO act in this par
licuIar.
This wit has been transplanted TO this
country, and assuredly it has lost nothing
of those virtues SO lauded by foreign wri-
ters because Of It's removal 10 a land en-
ioying ar more enlarged and enlightened
sentiments upon personal rights and fran
chises. Both tie present and the former
/ constitution o. this state guarantee TO It's
citizens the beneGt0l the writ Of Habea8
Corpus. Uudor the first constitution, the
mode q issuing and he proceedings IN
der the writ were regulated by statute,
June II, 1929. The power TO issue the
writ was deposited with the Supreme, the
Circuit and the Chancery courts, in term
time, q any judge Of either in vacation
! The present constitution established The
High Court of Errors and Appeals with
jurisdiction such as properly belongs at
law 10 a colrt of that name. BY law, II.
II. 53I, s. 6, the several acts for the or
ganization Of the Supreme court, not re-
pagualt to the constitution or inconsistent
with the act establishing tie High Court
of Ersasz a=4 ----Fa-4-, sea=a declared e..
be in full force for the government OF the
High Court Of Ergors and Appeals. BY
the constitution, Conat. SEIZED. s. &, all
laws then IN force, rot repugnant to it,
were continued in operation. Then, that
through the force Of taa constitution, the
statutes and the common law, the Judges Of
the tiigl Court OF Errors ana Appeals,
which is now the Supreme Court Of this
State, possess a full jurisdiction, and one
greatly enlarged by the statutes beyond
that Of the writ at common law, over this
writ, but in their individual capicIty alone,
seems plain and obvious. but that they
have not power 70 act thereon, in the frs.
4 resort as q court, seems equally plain and
paipab.e. The statute. E H. o64, Z,
gives to any party to the judgment on the
writ, aggrlevea thereby, the righl TO writ
of error, which could only be retGrnable
into the High Court of Errors and APP
peals, thus involving, if the court must act
f IN the first instance, the solecism and ab-
surdity Of an appeal from court TO itself.
It's always proper to give such con-
f struction and Interpretation to q statute as
will make it consistent with itself and the
end 10 be attained bY II.
Without directing attention 10 the ques-
tons ofthe suliicieucy Of tie bench war
rant, or to other technical objections,
which, whether i'll or well taken, are
swallowed up ip The more important ques-
| tons involved in this examination, will
proceed at once to the discussion Of the
f leading and prominent points that stand
forth, in this interesting controversy.
, The power Of courts TO imprison foI
contenpts Is declared by Eaglish writer's
and SO quoted By writer's on this side Of the
Atlantic. thas been repeatedly decides
ia the EnElizh courts, aHd taosesdecision.
followed IN the courts Of this country, to be
Of inmemorial usage and practice, since
, the Law itself was known. 1t is claimeo
f 10 be vitality essentia attribute and con
seqence Of the administration Of the law
itself, without which it dies, becomes {
dead letter, a command without obedience
| a Judgment without execution. It's helC
to have arisen from tie necessity of Tx
thing itself, nd though not until later times
legislated upon, il is. said to have becomt
! the .eg Of The land coeyal with the peroC
when the administration Of the law wal
established in the shape of courts am
other tribunals. 1t is in this point 0
view that it is insisted by Blackstone, 4
, 237, to have been confirmed by the sta
tute of Magma Charta when requires tina
sno freeman shall be Imprisoned and con
, demned, but by the judgment Of his peers
, or by the lao Of the iaad 7 Now thi
charter bears dato the 9Th June, a D
l2l 5, beIng the 9TH year q The reign g
, King John The first enactment pPoi
the sdbject Of conteulpts was that OF tn
stassD w ut c. 80, beinI
! Seventy years alter the dale Of Magn
! Charta. This statute has reference to con
q