The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1860-02-15
Speech Of Hon. James B. MoRas in the

Sessions Of the High Court in each
Of three Districts.
Ma. PRESIDENT:
1t was our intention TO have remained 81
lent during the discussion Of this bill, but we
feel 1t our duty, as the ntroducer CT the BILL to
reply to the remarks made by the Senator
from Warren and the Senator from Claiborne,
who appear to think that jackson Is the only
accessible point in the State, and that there
are no law books outside the State Library.
These are the only points they have urged
against the passage Of this bill.
The reasons, sir. which may be given in "a
yor Of the proposed change oathe constitution
are numerous and urgent Since the adop-
ton Of the present constitution one principle
Of legislation has been acknowledged on vsri-
Gus occAsionA Il 10 this, that g. Gar Is posi-
| BILE the administration Of law should Be
brought home to every mans door. This has
been arrived ct as far as practical by breaking
up the centralization Of courts, and diyid- |
| ing them out into each District Of the
| State, and when it can be done, into every
county in the State. Every county has its |
Circuit and Probate court, and now every |
county has also its Chancery Court; and in
Kinds county, in order to accommodate the To- |
cal interest and convenience Of Jackson, they |
have two places of holding the Circuit Court. |
All such laws are in obedience tothe principle |
Of consulting the interest and convenience of !
suitors, are asked for on that principle and
are granted alone upon that principle
The most striking evidence, however, of the
pervading influence of this principle in our le-
gislation is to be found in the history of the
Courts of Chancery. The constitution pro-
vides for q separate Superior Court Of Chan
Gerry, with jurisdiction over the whole State.
At first it was held only in jackson. Soon
after two or more convenient points were nam
ed by the Legislature, and again one or two
more were added, until it was found that
more labor was imposed upon the Chan
cellor than any one man could perform.
/ A plasz Was then adapted. CT ts.sins an
inferior Vice Chancery Court for North Mis-
sissipp, to be held at four different places
Oxford, Fulton, Columbus and Carrollton.-
Soon afterwards an Inferior Vice Chancery
Court was created for South Mississippi, to be
held at four different places-NatcheE, Mon
ticello, PauldiRg and Mississippi City; and
then an Inferior Vice Chancery Court was Gre
ated for Central Mississippi, to be held at va
zoo City. And, finally, under the pressure Of
this principle of making all Courts convenient
to suitors, change Of the constitution, as in
this case, was proposed, submitted to the peo-
pie, approved and embodied in it, abolishing
all central Chancery Courts, giving the Circuit
Courts jurisdiction in all matters Of chancery,
and carrying the administration Of chancery
law into every county in the State.
Considering the functions and character Of
the High Court, it is impossible to localize il
SO completely as has been done in the case of
the Chancery Court Yet in connexion with
it the same rule should be followed as far rs
can be justified by convenience or propriety.
The constitution itself furnishes q very good
r'!le to guide in this matter. 1t provides for
three High Court Judges-it also provides for
three High Court Districts, and the qualified
voters Of each District vote for one of the
three Judges, and only one Of them. Being
thus separated and distinguished by the con-
stitutiOn as to Districts, Judges and elections,
it is not only natural but very right and reas-
enable to ask that the sessions of the Court
should be held in each one of the three dis
trcts in q manner to be provided BY law.
This requirement Is to the sessions Of appel
late Courts is very generally enforced. In
, deed, it prevails almost everywhere else. /
will not mention Northern States. In Viz
gina, the Supreme Court is held at five differ
ent places to suit the convenience of the State;
N North Carolina, in three; in South Carroll
m, IN several places; in Georgia, in three or
four places, and in Texas in three. All this
is done in obedience to the very plain, Just and
reasonable principle, that in arranging the ses-
sions Of Courts Of justice, the convenience of
> suitors il to be consulted and not that Of the
lawyers who practice in them, or Of the judg-
, es who preside over them.
1t has been urged in this case as was 80 Of
, ten done in the case Of the Chancery Courts,
. that there are no sufficient libraries elsewhere
than in the city Of jackson. This plea was
urged for twenty years in every instance in
which an effort was made to branch the Chan
! Gerry Court. But it is not true in point of fact
, nor is it sufficient in reason.
Oxford has the University, with splendid
library, which, added to that of Professor
, SteArns, embraces over six thousand volumes
Of the most approved law books in the pro-
fession-indeed, far better selected coilec-
ton than the one at Jackson.
At Mississippi city there are extensive pri-
vate Libraries, which would be open to the court,
I which would yield every authority they might
!. need, and far more than they would ever read
in any case which might come before them.
At both places, hselectsd, there are fine court
houses, good consultation rooms, good sheriffs,
competent clerks, first-rate hotels aad accom-
modations and in either case healthy climate,
IN invigorating atmosphere, and in all essential
particulars connected with health, convenience
or pleasure. far superior to the city Of Jack
son. l merely mention these two places
to show that there are points in the STATE
Just rs accessible, and where books abound as
plentifully Is in the city of jackson.
But it is not clear that the Court, or couD-
sci, or suitors are at all bettsred BY multi
tude Of books. In this book-making age, the
food of new law hooks poured birth seem
only to confOund courts, perplex counsel and
injure suitors. In truth there is not one prin-
ciple in hundred which is really new. All
the great vital principles Of human action
which 60 TO make up the common law, are to
be found in few volumes If these are con-
suited and followed, Courts are genenlly right
and the present uncertainty which is charg-
ed upon the law, arises from neglecting and
forgetting these old standard books and the
standard principles in them, and hunting after
some case in point to be found in the thous-
and trashy volumes turned out annually. in
America and England, and which constitute
| what we hear so much fuss about in these
days as LAW Libraries"
An eminent and experienced lawyer has
said to me that il would be well to do as was |
done in Don Quixote, burn nine tenths of the |
modern law books; and must confess that he |
also said it would be well to burn nine -tenths |
Of the Statute laws since Poindexter's Code, |
and in particular the new code.
| In but one thing is any change required in
the laws as they now exist, and that Is rs to
the officers to represent the State in these
Courts. But this change is . simple one and
easily made. Let the District Attorney of
the county in which the proposed session
takes place appear for the State, as parts of
| THAR navarnl dutiea laavino fha Afkorna,r |
General to represent the middle district at
jackson, and to remain STILL as now, the off,
Gal adviser Of all the officers Of State, by far
the most useful and responsible part Of his
duties. This Is the rule In Tennessee.
This shows that the adoption of this amend
ment will not cost the people any more than
the nrezent svatem while IL IA called for nv