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

Constitution and void; because the provls-
ion of the Constitution referred TO Is app1-
a ,ble only to the Courts of the Federal Gov
ernu ent and in its regular course OF ac.Hiln-
istratien.
Convention is as follows-''Be II ofdaineo'
that the Special Courts of Equity heretofore,
aud that NAV be hereafter established IN
this State by the Provisional Governor there
of. he and the same are hereby recognized TO
he in existence. but in all cases, the right
and benefit of exception. bills OF exceptions,
wTits of error, s1persedeas and appeals ITonL
said Court or, Courts, TO the High Court Oh
Errors and Appeals for the REVISION anu Jug
ment of the latter Court, shall he and are
hereby secured to any party litigant IN SAID
Court or Courtsas is now provided tor &e,
for the Chaneery and Circuits Courts OF the
State; land said Court of ERRORS and Ap-
meals shall take cognizanee and jurisdiction
of such cases. as in case of appeal ana VIII
of error from the ChaneerY and circuit
Courts of this State; Provided, that such
Special Court. and the proceedings had there
in. after the Courts known to the Constitu-
ton and laws of this State are established,
shall not be recognized beyond the then IN
| finished and instituted business therein" &c
Thus the Special Court of Equity, as it Is
| denominated by the ordinance, is recognized
to be in eristeRee," by the highest authority
| in this State; that is TO say, Is recognized as
| existing as a legal court, and Is made part
of our Judicial system: Inns phraseology' IL
| is true. is somew hat singular, as is the case
| in several other instances in the ordinances
| of that body; but its legal import is not TO
| be mistaken 1t recognizes the Court as an
established judicial tribunal, and of course
| adopts il with the powers appertaining to II
as it was established !. for the powers con-
| ferred on it would necessarily follow 1t, I'M
| less negatived or qualified by something IN
| the Ordinance; and there is nothing having
! such an effect in it, 1t provides for all steps
necessary TO connect it with this Court, in
the same manner as the regularly c0nstitu-
| ted courts. under the Constitution.
1t seems to me, this is manifestly recog-
| milton of the Court by the Convention, as a
| legal court with all the powers conferred on
| it, by the Provisional Governor, as complete
| " 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 not
| show that this ordinance was not intended
to have the full force of adopting this court
as legal tribunal of the State, for the pc
| Rod of its duration For this ordinance ex-
| pressly adopted the Court only as a tempo
| raTy measure, and for a short period; and
! the others referred to are amendments of a
| permanent character, affecting the general
| powers of the Government.
| Iagree,withIthe opinion of majority of the
/ the Court, as to the validity of the appoint
| ment of Judge Swami, and also with the
| opinion that, on the merits of this particu-
| lar case, the decree should be reversed and
| the bin dismissed.