The daily Mississippi clarion. [volume] (Jackson, Miss.) 1866-1866, 1866-04-25
The High Court.


Judiciary, at the same time denounce a de-
cision because it does not coincide with
their ideas of what it ought TO be The as
sertiOn has even been made that in their
decision they did not have the deeency to
wait for case to come up in its regular
turn" but were so anxious to pronounce
upon its constitutionalty that they con-
scented for a case to be called up to the neg
lect of other and important business 1t is
| difficult to reconcile such assertions with
the one of respect and regard for the Judi
| ciary. We thought that the circumstances
under which the decision was rendered were
well known. To prevent all doubt upon
this subject we will state that in case that
was before the High Court IN its regular
turn, the question of the constitutionality of
| the Stay law became incidentally connected,
and this case could not be decided without
| first deciding upon this question The
/ Court took ample time for investigation and
deliberations ard were unanimous in their
| decision This, of itself, ought to have con
WINGED those who find fault with it, that it
was according to the law and the facts.
| With nothing else has the Court anything
| to do The condition or the prejudices of
the people are not Involved in any of their
decisions We wonld entertain nothing but
| contempt for a Bench who would court
the favor of the people and follow the lead
of their prejudices by giving decisions to
please the masses, when it was contrary TO
the plain principles and recorded decisions
of the Judiciary. Law decisions are in
accordance with the law and the facts.
Suppose these had been set aside and de-
cision rendered to suit popular prejudice
The dignity of the Court, the majesty OF the
law would have beeu degraded into DEM
agoguery and al papdering to popularity,
| which would have been a spectacle no less
degrading than ruinous to the people. We
| are content with the decision, because it
was rendered by the highest court known
in Mississippi. We will uphold it, because
we believe that the decision is an honest
one When you break down the barriers
that surround the Judiciary and make it a
mere ''hustings" in which law is admins
tered as is politics at public gatherings or
where it becomes n tribunal in which law
is lost sight of and popularity is courted,
then goodbye to the only bulwark that
stands between the people and their liber-
ties. Look to the Supreme Court of the
United States. Suppose politics should be
the rule there Suppose the radical meas
ures introduced and passed by radical
Congress should be decided as Congress
willed, and not according to the law what
a storm, and justly too, would be raised by
these very men who denounce our own
High Court? Now bring this subject nearer
home Suppose the same corrupting in-
fluences were at work here. Would not the
result be the same Let the people think
of these things, and not follow the blind
lead of every malcOntent who denounces
decisions which he cannot or does not APP
preciate Uphold your Judiciary. Keep il
pure Elect to ii men who have the man
illness and the courage to do what they be-
lieve is right. Respect it as the last bar
rer that stands between justice and OPP
preston. Guard it as the palladium of youI
. | liberties Respect it as the fountain from
which justice flows and frown down every
attempt that is made TO lessen its value in
your sight or to weaken the love in youl
heart for it. 1t is the politicians who would
teach you false doctrines, that should be
condemned, not the judiciary that main
tains principles upon which your Govern
ment rests.
e 1t was but step from the degradation
of the Judiciary to the enslavement Of the
people in England, James and his son,
= easily fastened the chains upon English
men when they corrupted the Courts. Al
long as they remained pure and upheld the
law, so long did they command respect and
uphold liberty When they became cor
.rupt, liberty tottered, and buried the free
dom ofthe English people. A sanguinary
war failed to restore them. 1t was moi
till the English judiciary was established
and principles OF justice became it's guiding
: | light, that liberty revived. Let us not re
peat this part of history. Let Strengthen
> the Judiciary. TO decry it is only an ev
idence of the existence of the seeds of tina
disease which, when its progress is no
checked, leads to disaster and ruin.
o 70 Judge Sam1 J. p. Marshall, of Ala
# bama, formerly of Kentucky, being detaine,
+ in Meridian on Monday, made speech b,
request on the subject of manufacturing.
Judge Marshall's experience in manufar
turing, says the Messenger, entities him t.
/. be heard, and he was listened to with respec
s and interest He was engaged, and had
i million invested, in manufacturing, whe1
!" the war broke out, in Northwestern Ala
d bama and was thrice broken up by the FED
r eral army. He is not, however, despOnden
as to the ultimate prosperity of the South
if her people Will open their eyes to the d.
W | velopment of her untold resources.
, ~ S-
EY The New York Times anticipates diff
Guilty in the working of the Civil Right
Bill, and illustrates it by supposed cas-,
thus:
Suppose that a negro is charged wit
< highway robbery in a State the laws {
d which have made that offence punishable,
10 committed by a white man, with five yeaI
~ Imprisonment, and with ten years impri.
l. Onment if committed by negro. Her
would be clearly case, as we understan
it, for the injustice of which this third SCI
1t ton of the Civil Rights Bill was designe
y to furnish remedy. Accordingly it pr,
If vides that the United States District an
Circuit Courts shall have jurisdiction "of a
20 causes civil and criminal, affecting person
< who are denied cannot enforce in tn
IS Courts of judicial tribunal of the State G
20 locality where they may be, any of til
rights secured to them by the first sectiO
20 of this act !" one of those rights being tha
s. of being subject to like punishment, pain
J. and penalties and to none other" The fai
% effect of these provisions would be to civ
the Courts of the United States jursdictio
Is of the case of highway robbery committe
< by the negro, which we supposed at the on
ID set. But it is one thing for a Court to hay
off,
for it to have a law to administer in relatiO
u to it, and in relation to highway robber
n. there is no law of the United States wha
If | ever. That is matter which has hithert
o been left entirely to the laws and Courts {
: the States. -ss-H $500 -
e. To meet this defect apparently, this thir
l. section further provided that in all case
d where the laws of the United States @aI
: not adapted to the object, are deficen
in the provisions necessary to furnish suit
y BILE remedies, and punish offences agains
e. the law, the common law, as modified an
n changed by the Constitution and statutes
= the State wherein the Court having iuri
% diction of the cause, civil or criminal is hell
so far as the same is not inconsistent wit
the Constitution and laws of the Unite
o States, shall be extended and govern til
n' said Courts in the trial and disposition
such causes and if of a criminal nature, i
the infection of punishment on the part
IF found guilty" Suppose also that the I'm
" ted States Court, having jurisdiction to TT
w the case, because of the discriminate
against the accused by the State statut,
proceeds to try and convict him. Wha
punishment shall be inflicted on him2 A
le common law the punishment of highwa
Ks robbery is death. 1t would hardly compor
81 with the purpose of the Civil Rights Bill {
impose that punishment. The,negro woul
W be apt to think that he was better of in til
State Courts and SO the third section say