The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1861-06-28
.ssl9n Of Courts by Che Judges
Judge Caasidya Views

Judge Cassidy views.
ubIshed last week O letter from
HANCOCK on this subject. Since
Ga have been requested to publish
hoined from Judge CASSIDY, on the
inject. twill be seen that they
nj the same conclusion. We do
how what these distinguished
nen say Is to be controyerted. No
mind can arrive at any other con-
than that it is their imperative
20 on and hold the Court, and
he matter of stay-laws &C., where it
bslongs-to the law-making, not
administering power:
NATcHEz, May G, 1861.
W. W. WooD:
Sir In compliance with your
herein present some of the rea-
ch have influenced me in arriving
,rent conclusion from that enter
gother Judges on the subject of
ne with the Courts at this time
ossing excitement on the subject
might afford grounds for parties
a in civil suits, to postpone the
onsideration of such cases. Where
such a disposition in the par
directly interested, ] interpose
rles, but on the contrary think
h many reasons, of public and
pnvenience to Justify it, and thus
SHE Term of the Court. But
duties with which the Judge is
l5ar ged Of a public nature, which cannot
,e rqhfully omitted, even upon the
request of the people. In
matters f mere discretion, would at all
times fee disposed to conform to the pub
lie wish, specially when based on such
patriotic considerations as those now NOV
inc the pUlic mind. But the discharge
of duty bla public officer is not discre-
tonary BIT imperative. There are GER
tain erouns specified in the statute upon
which Jdge would be excused from
holding Curt. But the reasons now adj
dueed for Prmitting the term to fail en-
tirely are ut among those so specified
Besides, til Constitution of the State
provides nat all Courts shall be open
and right al justice administered with
out sale, deaal or delay" And the law
in carrying nut this provision has fixed
the time anplace when and where the
Courts shalbe opened and held. To
omit this dty Of holding. the Courts
would virtuay amount to suspension Of
such laws byhe Judge, and yet the 18th
Section of thBill of Rights in the State
Constitution pvides "That no power Of
suspending Law shall be exercised except
by the Legislature or its authority" The
Legislature, Jpn repeated applications
Cor that purposChas refused to pass stay
laws or otherwh suspend the laws so as
to dispense withhe usual proceedings in
Court except in le case of soldiers in the
service Of the Ste or Confederate States
1t must be obvio' then, that an attempt
to exercise suclpower by the Judge
would nOtbe in @ordance with his duty
There are other nsiderations equally as
imperitive Whea persons are imprison
ed on charge of cme, It is their constitu
tional RICH to haze a speedy trial. II
would certinly beplacing this right on
a very uncertain nd tickle tenure t.
make it delend Jpn the wishes of the
public witt regard to holding Court
Again, in times Ike these, there is 6
peculiar necessity Of enforcing the crimi
nal law. The theoy upon which tha
law is based, 5, thai tY punishment mer
are deferred from tie commission O
crime, and thus the rights and propert,
of the citizas are rotected and tn,
peace and god order q society promo
ted. Hence TIN proprieEo of holding Cour
for the organization and action of I'll,
Grand jury % secure prompt inquiry
and prosecution of offenes. BESIDES i
is due to the g.llant mengho have qon,
and who will Jet go, intohe service o
the country b fight Its battles. to fee
that their hom,s and all the leave behinC
have every protection With a strict on
iofcement OF tie laws can seure. Differ
ing as | do iron the public Nthis subject
l deemed 1t pEper' ponyoesuggestion
10 mus give Ilf reasons ups which m,
conclusions wee oaseu' am to assur,
them 'hat u lslo mere WIN exercise O
power that inoces me 10 op@the Court
but simply a sese of duty.
Yours, ETC.,
IT Clbrr-r