American citizen. [volume] (Canton, Miss.) 1864-1890, 1865-12-02
[Frem the Jackson Clarion
Important Decision.

| "A B'CoV uCOisiou VI puoliO lutcieSt uh'
been made by Hon. G. T. Swami, Judge
of the Special Court at this place appoint
ed by the Provisional Governor. The de.
cision is adverse TO the validity Of an acl
passed by the present Legislature, direct.
ing the transfer of all cases pending in this
or other Special Courts, to the Circuit
Courts of the State. The opinion is toe
long for US to publish it entire, but We
give the conclusion, which is most i'm
portant, so far as the legal question is
concerned
In the view which, in this opinion, the
Court has taken of the act of the Legisla-
ture on which these motions are predi.
Gated, this act seems directly repugnsnt
to the ordinance of the Convention in re-.
lation to the Special Courts of equity,
in two particulars First, that it abolish>
es these Courts, by ordering the imme-
date transfer of the only cases they are
authorized to try, thus preventing them
from the exercise of any jurisdiction what
ever. And secondly, in this, that it di-
rects the transfer of the papers in these
suits to different Courts from those des-
ignated by the ordinance to try and de.
eide them. By the terms Of the ordi-
nance. the papers in these two causes
are to be finally delivered to the contin.
ued custody of the Circuit Clerk of Kinds,
on the expiration of this Court. whilst by
this motion, and the statue it seeks to
have enforced, it is sought to transfer
them, presently, to Court in Madison
county.
Upon these views of the legal effect Of
the ordinance and Of the statue in ques.
tion, a great public trust, involving in
no unimportant degree. the administrs-
of public justice, is con6ded to this Court;
and this trust, like all other duties, must
be faithfully discharged. 1t so happens
in the discharge of its functions. the duty
is imposed on this Court Of deciding be-
tween the relative powers of the Conven-
tion of the people, which has adjourned,
and of the present Legislature. which
that Convention called into existence;
and that duty. however delicate, or EN-
barrassing, or perfous, must be perform
ed. without shrinking or evasion. No
other Court can, in toe first instance, try
these motions. which involve the ques-
tion Of relative powers. This Court is,
therefore, put to the necessity of passing
upon the question Of its continued exist
ence, under the ordinance of the Conven.
tion; but the Convention itself has pro-
vided way for the final revision of our
judgement in the premises. by the High
Court of Errors and Appeals, and thus
the controversy may be finally deter
mined by disinterested tribunal
The controversy involves naked legal
question, proper only for the decision of
a civil Court; and it is a wise provision
Of our fundamental law, that such ques.
tons are not submitted to the decision of
popular assemblies. nor yet to the judg.
ment of the Legislature. 1t is now the
happiness Of our people that they live
under system Of law, which refers all
ssch questions to appropriate judicial
tribunals. and leaves nothing pertaining
to the rights of the citizens to the mere
will Of military power. or the construc.
ton Of statuets Of pains and penalties,
The ages in which private judgment was
by torture, and when it was
attempted to coerce or restrain the action
of Courts by 6ne aud imprisonment. have
forever passed away. The judge who
could be swayed in judgment by fears
Of either. or Of anything, except of doing
wrong, is unfit to sit in controversies
among his fellew-Deu.
Upon the whole investigation which
be Court has been able to make, assist
ID BY the learned arguments Of counsel
% the motions. conclusion which seeems
is, thai the motions must be
'verruled.
GEO. T. SWAMI,
Nov IA b66 Snacial Judoa