Mississippi Democrat. (Carrollton, Miss.) 1844-18??, 1844-12-11

65s. When, therefore, common Law
power is asserted, we must look to the
constitution and laws of the State in which
the controversy originated. The consti
tuition aud laws of Mississippi jealousy
guard the freedom and rights of its Gill.
zens. Tho llth section of its Declare.
ton of Rights declares that no person
shall be accused, arrested or detained, ex.
cept in cases ascertained by law, and &C
cording to the form which the same has
prescribed; and no person shall be pun.
lshed but in virtue of law established
ana promulgated prior to the offence and
legally applied. It's 10Th section declares
that excessive fines shall not be imposed
nor cruel punishment Inflicted. The 10Th
that no citizen shall DO deprived of his
life, liberty, or property, bur by due course
oflaw. Yet by the doctrine of contempts,
as insisted upon, there exists an offence
not only undescribed and underlined in ma.
ture and character, and one whose very
existence is dependent upon the opinion
and discretion Of Judge, but a punish.
ment, TO use the words of Senator Clinton
in Yates v. the people, 6 John, 467, Gun.
limited, uncontrolled, indefinite, arbitrary
and omnipotent" at is to be remem.
bered," he adds, "that summary conyic.
tons are against the genius and spirit of
our institutions, and in derogation of civil
liberty. The Judge is without check and
the accused without the usual guards of
freedom. There is no grand Jury 10 ac.
cuse, no petty jury to try, but his property
and liberty depend upon the fiat OF the
court. Here, then, is case where an
unjust and tyrannical Judge may, at pleas
ure, imprison an innocent man for life,
and being Judicial act for which he can.
not be questioned, thus place punishment
at defiance. A doctrine pregnant with
such horrible results can never be in uni.
son with the letter or the spirit of free
and enlightened system of jurisprudence"
These views Of Senator Clinton, even if
considered in the light of argument only,
are most valuable and worthy of weight,
not only as being those of man Of great
political knowledge and ardent patriotism,
but from the fact of his removal and dis.
lance from any of those selfish feelings
that might be supposed to influence ia.
dicial functionary, keenly jealous and te-
n1cinus of his self constituted privileges,
powers and immunilos. For this is
quasi political question, as all such are,
which involve the liberty Of citizen, res.
trained upon grounds not palpably and
clearly festablished and defined by law,
The argument derived from The possible
duration of the punishment of an indef.
mite offence presents the doctrine of con-
siructlve, consequential and implied con.
tempts IN hostile opposition to the consl-
tuition. 1t cannot bear the collision.
II is a maxim of law that where a dis
erection is allowed courts in the punish.
ment of defined offences, that discretion
must be regulated by law. But in this in.
stance, the law as claimed, sets to itself
no bounds, and under the influence off
strong passions, punishment may be in.
ilcted to crued, an unusual and exces.
tive degree. The records of the Eng.
ish courts are not without glaring exam
'es, under this authority, which might be
renee quoted as presidents for imitation.
There are no guards then against re.
iort TO the most tyranncal RIGHTEOUSNESS.
md it is not an unreasonable jealousy TO
iisirust men clothed with arbitrary pow
,r. tits certainly better that the freedom
If the citizen should be controlled by fix.
I'd and plain laws, than to be left depend |
INT upon the uncertain moderation of
hose in power. The authority to punish |
1t pleasure and during pleasure, is indeed
more consonant and agreeable to throne,
without responsibility, than to tribunals of
ustice erected upon free and equal laws.
1t is to be noted that our constitution,
mike some others Of the States Of the
Union, does not contain a recognition, in |
70 many words, Of 'tlaw of the land"
,resupposed 10 exist. As we have seen,
I is upon the slight foundation Of this
phrase, that the doctrine Of consh uctiye
,ontempls is claimed 10 have been recog. |
lized and re.enacted by Magma Charts,
md upon the same principle TO be in force
n those States where this term makes its
appearance in their constitutions. For
hese words, in the constitution Of Missis.
ppi, has been supplied the language,
due course Of law." A practice Of the
courts, however remarkable for its anti
Iuity, however far back into remote pc
iod it looks for its origin, even 10 a peri
ID whereto the memory of man runneth
rot, even though evidence by published
works upon Jurisprudence carefully pre-
eryed from the earliest times Of extant
printing or manuscripts, claims no respect
IT veneration, when il is shown 10 be un.
essential to the existence, utility or pres.
,ryation Of those courts, but, on the COD.
rary, 10 be the fruitful source Of mary ~
he evils to explode which a me-, sys,em
If government and an i'm, ,oyed code or