The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-08-30
lFor ths Clarion
what NeHtf

extra session 81 The Legislature having brrn
sct at rest by the late proclamation of the
Governor. couyening that body, thoughtful
men begin 10 wonder, Uhaia e shai ses Hert
No reason being assigned for the call the
public are left ia doubt ~ 10 what may be-
the leading objects 10 Doe accomplished by 10
and it is a matter Of deep import to those
who are to foot the bill' for this cxtraordi-
nary consocatiou, 10 know whether more
innovation and experiment. OF return 10
old and tried policies, is to be It's leading OBJ
jet
The present Legislature, it is fair to prem.
lac, under the well known disposition Of men
10 be partial 10 their own work is hardly the
very best body to repair any injuries 10 the
body polite which are the results of their
action at the last session Having legislatcd
upon line Of policy marked ont by itself,
though essentially opposed to the conserve
tive counsels Of the Executive and unmind.
iul ofthe constitutional landmarks aud tests.
which, IN the discharge Of their duties. the
Judiciary might apply 10 their action, 10
requires an unusual degree of confidence IN
their discretion to anticipate a ready rctrac.
tiOn even Of demonstrated errors in their
November legislation. There are those who
confidently hope for this / do not In n
review of the acts of November 1865, what
ever respect have personally for the mem
beers of that body, whatever confidence feel
! i'm he racfitudn nf tboir ,untiy.g hill, ,,,
man can question, / see nothing but the
marks Of an extreme Rddicaiism in State pOiicy.
No other proof Of this can be needed than
the obstinacy with which the "Stay Law"
was passed through in despite of the warn
! ings of the few who remained faithful to the
constitutional restrictions upon legislative
power over contracts. As result of this,
We find the entire agricultural aud CONNER
| cial community Of the State to-day standing
aghast with dismay at the evident destruc-
ton, by IemorscIess aud silly creditors, of
the scant means of recupcration left by the
unsparing hand Of ruthless war. A little
moderation, a small modicum of respect for
the rights Of creditors as well as debtors,
decent regard for the decisions of the highest
judicial tribunals in the States, as well az
those of Federal authority, well understood
by every tyro in constitutional law, would
have applied an eilcctual remedy against
the coming disaster, and given the "breath-
ing spell the country so much needed in
order that those who had been busy in war
might gather up the fragments" left at
home by the spectators. 1t was thought
by them best to override the constitution and
they have found, what extremists are ever
apt to realize, sooner or later. that they have
defeated their own purposes.
Ii would not he hard to extend the proofs
Of Radicalsm by reference to other acts of |
this body, in connection with plain provis- |
ions of the State and Federal constitutions
But this is not my design. | have mentioned
one striking evidence, because in this my
Judgement is sustained by the High
Court of Errors and Appeals, to
whose judgement we must all defer There
are other acts passed by the same body from
which great mischies have already devel
oped themselves equally liable to objection
on the score Of unconstitutionality-b as
these objections have not been brought to
the bar of the High Court for adjudication,
! iOrbear to mention them. | may be- and
hope that | am mistaken. My purpose in
this communication, is TO ask the attention
of the Legislature to Il serious consideration
Of the expedieney of dbolishiRg the County
Courts established last winter
They were organized ON the recommended
ton of an able committee, appointed by the
in view of n probable necessity
considered likely to grow out of the changed
condition of our late slaves. 1t was sup
posed that misdemesnors would become more
and that wise policy required
that they should be punished with more dis
patch than is ordinarily attainablo in the
Circuit Courts of the State The fact has
burned out as anticipated, while the remedy
'as not come up to the just design The
state is in need of the means of certain and 9
speedy punishment, but it is equally impor- c
ant that the trial should be conducted con-
onnably to the Constitution. and by Courts
Is learned in criminal law as may be obtain q
ii under our Governmental ;yStcn. q
Ii seems to the writer that the jurisdiction c
'ested in the Probate Judge, Mayor of cities a
md Justices of the Peace, fluids no warrant D
II the Constitution of the State. q
The Probate Judge, under the Constitu-
ion has no criminal jurisdiction, nor any to i
ry civil causes, except such rs are couhded Il
o him by the 18th Sec, Ant. t., of that in
trument. His business, by that section, is ?
United to matters testamentary and of !
in orphans business and al 6
ltmeut of dover, in eases of idiocy and lu- c
acy, and of persons non compHs meafis" - "
he jurisdiction of this officer is thus limi- u
I'd, 10y the terms of Constitution, 10 matters,
ot one Of rkich is given to him by the county
curt act. Mark YOU it is The "Frobctc =,
a,igc," the officer elected as Probate Judge, A
no is made Presiding Justice of this Court "
ow. can the Legislature confer upon a con- 81
itutional officer of Court of limited ju- \
sdiction, different jurisdiction from that i
lufercd by the Constitution what would ST
q said of an act requiring the Chief JUS d
&c of the High Court Ct Errors and APP 4
Gals to preside in this Court should fr
". rs a lawyer. clearly not N
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