Southern standard. [volume] (Columbus, Miss.) 1851-1856, 1853-03-12
ThC ReYieWcrs, AnsMered.

pronounclng the Union Bank bonds constitutional
We fully agree with the editors of that paper in
ueclarng this an erroneous decision, we must, never
theess, dissent entirely from the style of criticism
ey nave seen proper to adopt towards his Honor the
Chancellor of the State So far his reasoning can
be successfully met and refuted the opinion is prop
er and legitimate subject of animadverson, for it Is
well known that we act upon this principle in politics.
as in every other matter when we are called to ex-
press an opinion But cannot agree that the Dig
nifty of the State will be firmly established, or
its rights more surely secured by assaults like this we
are noticing upon the character and dignity ofits own
chosen functionaries. If the chancellor has been in
duced to make this decision, from improper motives
or through influences that corrupt let the fact be
established and he will be hurled from his high posi-
ton by the weight of an outraged public opinion
The judiciary is coordinate department of govern
ment, and Chancellor Scott stands forward as an in
tegra figure in branch of our judicial system; he
occupies his position by the free voice of the People
of Missssippi-and insist, that becoming respect
for the Office, and the free constituency whose agent
he is in the absence of improper conduct on his part
should shield him from every kind of attack not clear
ly warranted by his conduct All government and
laws are considered evils, growing out of the necessi
ties and condition incident human society," and these
necessarily imply agents to exercise certain trusts and
plain duties. If, however, the of the Missis-
Sippian should become the rule of action the whole
machinery of government, established under our
organic law, would stand mockery, and society
fall into state of anarchy.
So far as we know, Chancellor Scott has done moth
ing than what he deemed his sworn duty in pro-
iudu ho IF tbo
tonality of these Bonds coming regularly before him
authorized functonary of State for adjudication,
what was he to do His is the court in which the
State has chosen be sued she has never degra-
ded herself by requiring the officer of this court, to
swerve from what he might believe the ordinary and
plain rules of justice, he understands them or to
establish principles of Equity, by which to try
her rights. She only asks the same measure of JUS
tice that would be meeted out to her humblest and
obscure citizens. This, we are fan to believes
the Chancellor has done conscientously, but not, as
think, wisely still he has given his best convc-
tions of the rights between the parties in suit and he
is entitled, at the least to cam COOL and respectful
refutaton of his opinion. Indeed, had he given diff
feren one supposng his convictions conscientious, he
would be obnoxious to thousand times severer Gen.
sure than that attempted by the Mississippian.-
According to the showing of that paper, if he had
sought popular applause, instead of satisfying his
vctons he had only to yield easy assent to the de-
cision from which it thinks there is "no appeal. Ant
if from this decision there could be appeal, o
course, the MtsstsSippian thinks the Chancellor
absolutely bound by it but whether that decision
plead bar, by the learned counsel who appeared fol
the State, that journal expected the Chancellor tc
look beyond the papers before him, and find from
newspapers or his knowledge, that ten years ago
the People had voted this question: he has not seer
proper to inform Nomatter how feebly the opin
ion may be conceived or how deficient in those mas
ter pieces OF argument which seem to charm the Mis-
SiSStppaR,-if it be honest and conscientious one
this very fact entities it to high respect liberal com
ment The decision is against the State, which, t.
the mind of any impartial man in the absence of proc
to the contrary very strong evidence of the negri
y of the Judge and the purity of his motives for ev
cry conceivable motive that mil be supposed to
or sway piable, selfish, or dishonest Judge, woul
have dictated different judgment. 1t may, indeed
be against his sovereign, but when did demagogu
dishonest Judge question such authority, @
let opportunity escape to fall into the tide and oa
with the popular current!
n But it is unfortunate for the Chancellor it seems
st that the bonds were constitutional The Mississippi
an can scarcely intend to be understood defendn
: the idea, that attorney may give his client leg
opinion pointing in direction and, Chancelo
: decide the same point in another way! According
this system of ethics mans devotion to his "sove
egn,' would involve reversal of all the rules of jul
tice and defeat the object designed by the people in tt
h establishment of judiciary. This may be one of tn
subtle principles generated in the prolific legal brain
Of our contemporary, but beg to suggest, that it
lie never promulgated by either of the distinguished
y rsts whose shades it so familiary invokes. Wheth
~ indeed the shades of Coke, Blackstone and Stor
D. needed this invocation we left to surmse. 1t
however doubted, since in distress is presume
to be permitted to call only his particular friend
But then, if they did not, forced to account
some other way, for that lofty wisdom which beams
every paragraph, which brghtens every sentence, vi
to ies every line, and sparkes through every word
g. that most magnificent legal review. We must in u
e. tice say that think it matter of the profounde
nc regret not only for the honor of the State, but t
: other party interested, that the mind of Chancell
ot Scott was not illuminated by the far reaching
b. profoundly phlosophicallegal argument-the conder
H. ed and astounding analysis by able, cle
and deeply learned contemporaries of the MissiSS'
al piam If an intellect so dull the Chanceors COT
III ~ be enlightened; if mind turgid his could
m expanded, it must have been overwhelmingly lmprt
r sed with the richness and splendor of those legal gel
I'd, which sparkle and dazzle throughout this remarkat
production-ap production venture to say has no
d, C,1cIro