Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-21

Constitution and void; because the provis-
ion of the Constitution referred to is apph-
lble only to the Courts of the Federal Gov
ernm emit, and in its regular course of admin
istrati0n.@ AZ
The language of the Ordinance of the
Convention is as follows-"Be It ordained,
that the Special Courts of Equityheretofore,
aud that may be hereafter established in
this State by the Provisional Governor there
of, he and the same are hereby recognized TO
be in existence, but in all cases, the right
and benefit of exception, bills of exceptions,
writs of error s1persedeas and appeals from
said Court or. Courts, to the High Court of
Errors and Appeals for the revision and iudg-
ment of the latter Court, shall be and are
hereby secured to any party litigant in said
Court or Courts,as is now provided for" &c,
| for the Chancery and Circuits Courts of the
| State; land said Court of ERRORS and APP
peals shall take cognizance and jurisdiction
| of such cases. as in case of appeal and writ
! of error from the Chancery and Circuit
| Courts of this State; Provided, that such
| Special Court, and the proceedings had there
| in. after the Courts known to the Constitu-
i ton and laws of this State are established,
shall not be recognized beyond the then un-
finished and instituted business therein" &c.
| Thus the Special Court of Equity, as it is
| denOminated by the ordinance, is recognized
|
| in this State; that is to say, is recognized as
| existing as a legal court, and is made part
of our Judicial system. This phraseolOgy, il
is true, is somewhat singular, as is the case
in several other instances in the ordinances
of that body; but its legal import is not ia
| be mistaken 1t recognizes the Court as an
established judicial tribunal, and of course
adopts it with the powers appertaining to il
as it was established for the powers con
ferred on it would necessarily follow it, I'M
less negatived or qualified by something IL
the Ordinance; and there is nothing having
such an effect in it. 1t provides for all steps
necessary to connect it with this Court, il
the same manner as the regularly cOnstitu
ted courts, under the Constitution.
1t seems to me, this is manifestly recog
milton of the Court by the Convention, as {
legal court, with all the powers conferred OF
it, by the Provisional Governor, as complete
| ly as if it had been, in positive words, de
clared to be one of the regular courts of the
State, for the time limited for its duration.
The fact that this ordinance was not in
cOrpOrated into the amended Constitution
as promulgated by the Convention, whilst
other amendments, made at the same time
were incorporated and published, does moi
show that this ordinance was not intended
to have the full force of adopting this Cour
as a legal tribunal of the State, for the pc
Rod of its duration. For this ordinance ex
preSsly adopted the Court only as tempo
rary measure, and for a short period; anC
the others referred to are amendments of (;
permanent character, affecting the genera
powers of the Government.
agree.withlthe opinion of majority of thu
the Court, as to the validity of the appoint
ment of Judge Swami, and also with tn,
opinion that, on the merits of this particu
lar case, the decree should be reversed anC
the bill dismissed