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

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Chancery, in term time, and before sin
gle Judge of either in vacation. An
GENTLY, no one in any case could contro
vert the return Of habeas corpus, upoI
which alone the court or judge decidet
upon the legality of the commitment o
detainer. But by virtue of Sc G. 3 c
100, 5. A, prisoner brought up under {
habeas corpus issued at common law may
controvert the truth of the return. Tht
judgment of the court or Judge is final. -
Thus it is seen that this writ is founded or
the common law, and gradually improved
and extended in England by statutes tc
carry into actual and practical utility the
free privileges of the subjects secured tc
them by Magma Carta and the constitution
1t creates a jurisdiction, distinct, sepa
rate, and Independent, and though courts
and judges of those courts, are nominated
by law 10 exercise it, they do so, not by
virtue of their Otherwise judicial charac.
ter, authority and jurisdiction, but by the
actual grant of power to act in this par.
ticular.
This writ has been transplanted to this
country, and assuredly it has lost nothing
of those virtues so lauded by foreign wri-
tiers because of its removal 10 land en-
loylng far more enlarged and enlightened
sentiments upon personal rights and fran
chlses. Both the present and the former
constitution OF this state guarantee to its
citizens the benefit Of the writ of HdbeaS
Corpus. Uuder the first constitution, the
mode Of issuing and the proceedings I'M
der the writ were regulated by statute,
June III, 1922. The power to issue the
writ was deposited with the Supreme, the
Circuit and the Chancery courts, in term
time, or 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 court of that name. By law, H.
II. 53l, S. 6, the several acts for the or.
ganzaton of the Supreme court, not re-
pugnant to the constitution or inconsistent
with the act establishing the High Court
of Errors and Appeals, were declared TO
be in full force for the government OF the
High Court of Errors and Appeals. BY
the constitution, Const. Seized. 8. 4, all
laws then in force, not repugnant to it,,
were continued in operation. Then that
through the force OF the constitution, tho
statutes and the common law, the Judges of
the High Court of Errors and Appeals,
which is now the Supreme Court of this
State, possess a fall jurisdiction, and one
greatly enlarged by the statutes beyond
that of the writ OF common law, over this
writ, but in theirindividual capiclty alone,
seems plain and obvious, but that they
have not power to act thereon, in the first
resort as a court, seems equally plain and
palpable. The statute, H. H. 664, 81,
gives to any plrty to the judgment on the
writ, aggrievel thereby, the right to writ
of error, which could only be returnable
into the High Court of Errors and APP
peals, thus involving, if the court must act
in the first Instance, the solecism and ab-
surdity of an appeal from a court TO itself.
1t is always proper to give such con-
struction and Interpretation 10 a statute as
will make 1t consistent with itself and the
end to beattained by it.
Without directing attention to the ques-
tions of ne suhiciency of the bench war
rant, or to other technical objections,
which, whether i'll or well taken, are
swallowed up in the more important ques-
tons involved in this examination, | will
proceed at once to the discussion Of the
leading and prominent points that stand
forth il this interesting controversy.
The power of courts TO imprison for
contenpts is declared by English writers
and 81 quoted by writers on this side Of the
Atlntic. lthus been repeatedly decided
in The English courts, and thosesdecislons
folltwed in the courts OF this country, to be
of lmmemorial usage and practice, since
thu law itself was known. 1t is claimed
tobe vitality essential attribute and con-
spence of the administration of the law
iself, without which it dies, becomes a
lead letter, command without obedience,
Il judgment without execution. 1t is held
Ito have arisen from the necessity Of the
thing itself, and though not until later times
egisated upon, it is said to have become
the law of the land coeval with the period
when the administration of the law was
established in the shape Of courts and
other tribunals. 1t is in this point Of
view that it is insisted by Blackstone, a,
237, to have been confirmed by the sta
tute of Magma Charta when requires that
''no freeman shall be imprisoned and con-
demned, but by the judgment of his peers,
or BIZ the lao Of the land" Now this
charter bears date the 18th June, A. d.
1918, being the 18th year OF the reign Of
King John. The first enactment upon
the subject Of contempts was that Of the
statute of Westm. IL Ed. l, C. 80, being
serenity years after the date of Magma
Chsrta. This statute has reference to con-
tempts in resisting the process Of the