The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1861-06-21
QrrAAs, June q 1856.

QulTAAE, June 9, 1851
Mr.. G. +. RusHtsa:
NY DEAR Sin lin reply to your letter
inquiring whether | will omit to hold
the Courts in this District on account Of
the war and the present pecuniary pres
sure, have to answer that, expect to
hold the regular terms Of Court in every
county Of the District as usual. The lale,
and not public opinion is what public Off
GERS have to obey in the discharge Of their
official duties. Itseems doubtful too what
public opinion is in regard to the holding
of our Courts. Both the State Convention
and the Legislature have been twice in
session since the commencement Of the
present revolution. If the sentiment Of
the people demanded stay law why wa
it not enacted by one Of these bodies, who
done had the power to do so. On the
contrary, the Legislature actually refused
% pass such law, except for the benefit
Of the soldiers serving in the army Il
would certainly be gross usurpation o.
power for the Circuit Judges to assume tC
do that which the Legislature-the pro
per authority-had expressly refused
to do.
The duties of the Judges are plainly
defined by law, and it passes my compre
hension to see how these can be evadec
in the manner proposed If am clothed
with any discretionary power to suspend
the holding of the Courts, and the regu
lar operation of the laws in my District
am not aware Of the fact. The Consti
tuition says a Circuit Court shall be hello
in each county twice in each year, and the
statute provides the times and places. The
Constitution further says "all Courts shall
be open, and every person for any injury
done him in his lands, goods. person o.
reputation, shall have remedy by due
course of law, and right and justice shall
be administered without sale denial or de
lay" How would my omission to hole
he Courts, harmonic with this provision
of the fundamental law?
Another section Of the Constitution pro
vides that no power shall exist to suspend
The operation Of the laws except by tn
Legislature authority. If the Judges refus
TO hold the Courts, do they not usurp tn
prerogatiye of suspending the laws
power granted only to the Legislature
besides committing fragrant breach O
duty which they are sworn to perform
They have taken an oath to support tn
Constitution so long as they are citizen
Of the State, and faithfully to discharg
the duties of their office according q iav.-
Chief among these duties is the holding
Courts, and there is no law empowerin
them, at their discretion, or by reaso
Of the popular wish to decline that dut
while they remain in Office.
! might further argue the matter uro
the question of expediency, and show no
it would work injustice to persons accuse
of crime, in being deprived of their COZ
stitutional right to "a speedy trial"-ho'
it would damage the community by IT
: moving restraints from the vicious, lea,
ing the peacable and well disposed to sui
NIT to their depredations, or resort to tn
remedies afforded by vigilance committee
and Lynch laws. But it is enough
show, as | think | have done, that tn
Judges have no discretion in the premise
and that they are bound by the terms {
The law, and by the obligations Of the
'aths, to go on holding their Courts unit
he Legislature authorizes their suspel
sion.
Very respectfully
= VIM M@IANCOCK