The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-10-18

We have received lengthy com
muuication with the above caption
but the prcsNuc upon our columns viii
not admit of our giving IL entire, The
question however is an important on,
and we will do what we can for the
writer Passing over j. 5. Ms re-
icctions about the strong veneration
Of the Southern people for ancient
institutions, we come TO his considera-
ton OF some objections which he has
heard and seen urged against county
courts. The writer says
II has not been, 80 far IA know,
and believe Il cannot be, denied that
the idea embodied in the county court
act. is good one. Some tribunal,
simple and expeditions in its opera.
tons, frequent IN It's sittings and
prompt in its action, seems 20 be ab
solutely necessary 20 the now condition
ofsociety by which we are surrounded
The large class of free laborers, or
rather of free loafers, paupers and
criminals, suddenly thrown out OF
employment. out of discipline and out
OF protection. and the vast multitude
OF new questions and new social
difficulties that grow out Of their con.
tracts and their crimes, required from
the first, requires now. and will forever
require, some tribunal Of justice inter
mediate Ia dignity between the courts
OF Justices OF the Peace and the semi
annual sittings OF the Circuit Court
The necessity for such court, at least
in the counties most thickly infested
with negroes, cannot ! think be denied.
The County Courts were organized 10
meet this necessity.
One objection to this tribunal Is that
1t does not fully answer the purpose.
10 this Il may be answered that no
earthly tribunal, in any land, ever did
or ever can, fully answer the purposes
for which 1t was created, and hence, IL
this objection be valid against this
Court II would be equally so against all
our old Courts, and against all others
that human sagacity can devise.
Courts like all others institutions
ought to be sustained, II in majority
Of eases they answer the ends of jus
tice, as well as the infirmities Of human
nature will allow. The County Courts
thus far have been only an experiment,
and they are, as | shall presently en-
deavor TO show, susceptible of i'm.
provement in some respects; but
even as they are now operating they
do, in my humble Judgment, answer
and promote the ends Of justice in al
large majority of instances; or ut
least, il they do not ii Is not for the
want Of effective machinery IN the
Court itself. In this respect the most
ample facilities are furnished by the
act creating the Court, 10 bring often
ders and delinquents of every kind to
trial, and to promote aud expedite the
fair and final decision Of any aud all
questions of law and of fact within the
jurisdiction of the Court
The above, and two other Objee-
tons are all that ! have heard or
known Of being made TO this tribunal.
These other two are, briefly, the
trouble and the expense Of keeping the
Court in operation And ] admit
there is much room and plausibility
In both these objections although II
must BIZ admitted that expense and
trouble ms well as inilrmity and in.
are inseparablc from all hui
man tribunals, But the expense and
the trouble In this case can he easily
reduced to nearly half what IL now is
and To suggest the modification and
by which this eau bedonel
is the chief object 1 had In view in
writing this article.
LIST Let the two associate magis-
trates required by the act Us 1t now
stands be entirely dispensed with, and
let the Probate Judges OF the several
counties hold the County Courts of
the several counties without any asso-
ciate Justices. This will save ten
dollars dayto the County.
2 Let the Jury provided for by
the act as it now stands be reduced 70
sir, instead Of tDelpe men. This will
save nine dollars a day, besides mile
age and ferriage, and besides the re
duction 0: the Clerks and Sheriff s.
fees for issuing and serving penire
for twelve instead Of six jurors.
3. Let there be no faa record, ex
cept in such cases as 1t may be spe.
cially required by one party or the
other and paid for by the party or
parties requiring 1t.
In addition TO the above II has been
suggested that the fees OF the officers
ofthe Court should be reduced. /
will not advocate this feature; having
been taught by long observation and
that good pay has q ten
dency to make good officers, and poor
pay poor officers.
And / will frankly admit that there
may be, though am not certain Of 1t,
some valid objection TO a jury Of six
instead of twelve. The Constitution
''trial by jury" and
some Courts have held that "a jury"
means common law jury Of twelve
free holders. Others have held TO the
contrary. J. ). NJ
Port Gibson, Oct. DISCO.