The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-04-26
The High Court.

thursday ::: :: /: April 26, 1866.
The High Court.
The action of the High Court in its de-
cision of the Stay law passed by our last
Legislature has been violently assailed in
the publicprints and in public speeches by
those who, while processing the highest re-
gard and the utmost veneration for pure
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 decency to
wait for case to come up in its regular
turn" but were so anxious to pronounce
upon its constitutionality that they con-
sented for 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
deliberation, and 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 would 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 a de-
cision rendered to suit. popular prejudice |
The dignity of the Court, the majesty of the !
law would have beeu degraded into a DEM
agoguery and a pandering 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
mere "hustings" in which law is admins
tered as is politics at public gatherings, or
where it becomes 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 a 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
fuences 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 T,
preciate. Uphold your Judiciary. Keep it
pure. Elect to it men who have the man
iness.and the courage to do what they be-
ieye is right. Respect it as the last bar
,ier that stands between justice and OPP
preston. Guard it as the palladium of your ]
liberties. Respect it as the fountain from
which justice flows; and frown down every
attempt that is made to lessen it's value in )
7our sight or to weaken the love in your {
leart for it. 1t is the politicians who would {
each you false doctrines, that should be |
not the Judiciary that main I
aims principles upon which your Govern a
nent rests Il
It was but step from the degradation. q
f the Judiciary to the enslavement of the b
'eople in England, james and his sons
asily fastened the chains upon sEnglish- .
nen when they corrupted the Courts. AS v
Dng as they remained pure and upheld the L
aw, so long did they commandrespect and.
phold liberty. When they became cor d
upt, liberty tottered, and buried the free f
ON of the English people. A sanguinary 2
7ar failed to restore them. 1t was not :
I'LL the English Judiciary was established 3
nd principles of justice became its guiding. ::
ght, that liberty revived. Let us net re-
eat this part of history. Let us strengthen.
be judiciary. To decry it is only an ev-
lence of the existence of the seeds of that Y
isease which, when its progress is not d
heeked, leads to disaster and ruin. U
! 81
n The Picayune publishes the record of a
le Washington Artillery, occupying nearly RI
lree columns ofsmall type. The. fame of "
le Washington Artillery is not only dear to :
but all over the country its ex- a
l6its familiarized it to the, people, besides a
hich it was latterly recruited by accessions q
ON every State, whose sons were proud to n
zach themselves to so renowned a corps t,
s five batteries were engaged at Chancel- G.
rsviIle, Gettysburg, Williamsport, Drewry's 4