The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-23
Judge Hancock.

PETTY PRoscRirTIoN.-We regret that
the necessity devolves upon us Of canvass
ing the legal acts of high judicial func-
tionary, but our pocket nerve has been
touched, and we do not feel nj liberty. in
Justice to ourselves to remain silent. We
are informed that on Monday last. a legal
friend of ours, who had some advertising
to do in a public journal, requested that
it should be inserted in the " News y and
drew up his order to that effect. but His
Honor, Judge Hancock, presiding as Chan
cellor, without authority of law. ordered
it to be published in another paper. con-
tending that he had the right to control
the publication Of such matters. With
all due Difference to his Honor. we con-
tend that he had no such right. and that
his exercising it was an arbitrary stretch
of power that does not vest in his Office.
When man has to pay his money for
work to be performed, he has a right to
say whom he shall employ and pay for
performing it, and never before have we
known the right disputed. We venture
to say that it is the first time in the his
tory of this country that Judge Of Cir
cult Court has condescenled to such a
little thing as controlling the legal adj.
vertising emanating from his Court. WHY
this prescription against us we know not
unless it be that we do not toady to his dig,
nifty, and exalt him above his compeers
as the embodiment of legal learning and
acumen.-We purchase favors at no such
sacrifice of truth and honesty
The foregoing precious moroccan, is from
the Enterprise News" whilome Gallo
ways Expositor," under date of Marcel
Il, inst.
A portion of ii is true, portion nat true
and the true and the false are mingled s.
a. to give the article a neat s,rr-gr9y ap
pearance.
The facts of this small incident are briei
": Judge Evans asked an order of pub
LEGATION, to a nonresident, defendant il
Chancery, and suggested the " News" a
Enterprise, as the medium.
The Chancellor observed that he woul,
grant the order, but would direct that
be made in the Adcsrtiscr newspaper, a
Quitman.
Judge +. made remark to the effeC
that the party chargeable with the cost q
the publication, had i already paid for a
the News" office. when His Honor mer,
ly remarked that it was discretionary wit
the Court, and that the Court would d
rect the order of publication, &c.
There was no contention about it ; ne
ther was it an arbitrary stretch of powe
The News" says it was, and that tn
Judge had no such power.
Now the Editor of the News may kno
',cEat the la,c IS IN Gcorgy," and all that
but if he Will read Art 81, Section vi,
54j, Revised Code of Mississippi, he wi
: find that the Chancery Court like all otl
er courts of record in similar cases. in tn
State, has the power, girea by hor, to reg
, late the orders of publication to non-re.
: dent defendants i'll chancery, wheth
made in term time, or even at rules in Il
; | Clerks Office.
1t Is a mere police power, and wheth
= its exercise one way or the other Civ
satisfaction to every : by 9 sheet tn
wishes to establish itself as "the pow
= behind the throne greater than Il
e throne itself" is matter of mere indiff,
encc both to the court and to the cou
l try. When a court must beat the busl
. to ascertain whether lis action plea-es Il
Y populace, or the pssa8o press =. of Il
a country, then it will really have lost
dignity. and bc undeserying the respe,
q the confidence, or the esteem of the pc
i, pie. Manline>, and independence a
2 high qualities, and always command ]
spect in high or low places, and shou
p ever be prominently developed in the a
f ministration of public Justice regard,
+ of the ipsr DIRT of self-constiuted arbite
: of public sentiment in the community.
GALIATIN