The daily clarion. [volume] (Meridian, Miss.) 1863-1866, 1865-11-17
Important Decision.

A decision of great public interest has
been made by Hon. G. t. Swami, Judge
of the Special Court at this place aP,
pointed by the Provisional Governor
The decision is adverse TO the validity OF
an act passed by the present Legislature
directing the transfer of all cases pending
in this or other special courts, to the
Circuit Courts of the State. The opinion
is too long for US to publish it entire, but
we give the conclusion, which Is most
important, SO farias the legal question is
concerned :
In the view which, in this opinion, the
court has taken of the act OF the Legs
lature on which these motions are predl-
Gated. this act seems directly repugnant
to the ordinance of the Convention IN
lation to the special courts OF equity, In
two particulars: First, that 1t abollshes
these courts, by ordering the immediate
! transfer of the only causes they are au
thorized to try, thus preventing them
from the exercise of any jurisdiction
whatever. And secondly, in this, that
it directs the transfer of the papers IN
these suits 10 different courts from those
designated by the ordinance to try and
decide them. By the terms OF the ordl
nance, the papers in these two causes are
to be finally delivered to the continued
custody of the Circuit Clerk of Kinds, on
the expiration of this rourt, whilst by this
| motion. and the statute it seeks to have
| enforced, it is sought to transfer them
presently, 10 a court in Madison county
Upon these views of the legal effect OF
the ordinance and of the statute in ques-
ton, a great public trust, involving in nC
unimportant degree, the administrator
of public Justice, is contided to thi
court; and this Il ust, like all other dutie
must be faithfully discharged. 1t sc
happens that in the discharge ofits func
tions, the duty is imposed on this cour
of deciding between the relative power
of the Convention of the people. which
has adjourned, and of the present Legls-
lature, which that Convention called in
to existence; and that duty, however del
icate, or embarrassing, or perllous, mus
: be performed, without shrinking or eva
f sion. No other court can, In the tirs
, instance, try these motions, which In
volve this question OF relative powers
This court is, therefore, put to the neces
7 sity of passing upon the question of it
: continued existence, under the ordinance
of the Convention; but the Conventi tioI
itself has provided way for the final re
vision of our judgement in the premise:
g bv the High Court of Errors and Appeals
! and thus the controversy may be tnall
n determined by a disinterested tribunal.
The controversy involves naked lega
: question, proper only for the decision {
t "a civil court; and it is wise prOvislo
of our fundamental law, that such que
;, tons are not submitted to the dicisio
. of popular assemblies, nor yet to tn
! judgement of the Legislature. 1t is no
a the happiness of our people that the
4 live under a system of Law, which refer
q all such questions to appropriate jIdlcii
tribunals, and leaves nothing pertainin
9 to the rights OF the citizen to the mer
v will of military power, or the constrio
> ton of statutes of pains and penalties.
= The ages in which private judgemer
!. was constrained by torture, and when
). was attempted to coerce or restrain th
q action of courts by fine and Imprisonment
q have forever passed away. The .judg
. who could be swayed in judgment by tes
;. of either, or of anything, except of d
!. ing wrong, is unfit to TO sit in controVe
q sizes among his fellow men.
Upon the whole investigation whic
= the court has been able to make, assis
. ed by the learned arguments of couns
- in the motions, conclusion which seen
! unavoidable is, that the motions must
n overruled.
- Gro. T. SWAMI,
= Special Judge.
- November l3. 1865.