The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-08-30

elected A. such, exercising power anu lutls
diction under a statute, not granted ia IA,
Constitution and a. 10 the whole Court, il
Is composed Of officers not elociod ~ he peopl'
70 the Office created by the statute
The same objection TO the jurisdiction con
Gurd by the act on the associate Justices Of
the Peace. applies with equal force 70 the
justices IS the Constitution, their iuris
ldiction j. limited 10 the District for which
they are chosen; by the electors Of that Dis
tnct. BY this law, their powers are made
co-cXtcuaiye with the comfy, and their Ju-
dlcial functions declared 10 extend beyond
the Districts in which they are chosen BY
the Constitution, they are limited 10 decid-
ing causes where the principal shall not ex-
coed lifty dollars'-by this act they may adj
iudicate TO s25U. elected as District officers,
by the people of their Districts the act
make, them Judges, for fire times The amount
Of their constitutional limit over people who
never lad "A voice in their election
For these and a variety ofother reasons, it
seems TO the writer that the very fnnda-
mental organism of the court is uuconstitu-
tional.
In its practical operation, the country is
sick OF it, II was too much 10 expect, that
a body of magistTacy, chosen for other pur-
poses, aud Of such limited tenure rs to time,
could be qualified, in point of judicial learn
ing for the grave and important functions
assigned to it. Long years Of patient study
and various reading leave even the best
Judges liable to grave errors, as the wisest of
them confess. Ii is not in the nature of
things that justice of the peace, as we elect
them, can be qualified to decide the mpor-
tant questions affecting liberty and pro-
| perty, which are hourly hurled upon their
courts, without time to deliberate or previous
| legal research without frequent and grave
mistakes, creating upon parties the neces-
sity of appeals to higher courts, on great
| expense, to obtain justice according to law
Common fame has already, all over the State
marked the system as . demOiistrdttd hagtbHg!
LudicrOas proofs, unnecessary to be here re-
hearsed, may be easily gathered, if space
allowed, from formal adjudications of these
courts, in many actual cases. mention only
one, as a sample of many others; There are
now in the State PeHitGtiay scores of CON
yicts, learn, sent up by county courts, for
the " misdcmesnor' of petty larceny What
member Of the Legislature dreamed he was
comforting such power upon the county
courts ! That the quarters are so good, kept
by those good fellows, Donald and Harrel,
suppose the only reason why many of them
have not been released Certainly the State
pays t0r the bluHdtT, and the want OF room
there oecasioned in part by this blunder,
may be one reason for the convocation of the
Legislature.
Lastly, look at the expense. In these hard
times,without great and manifest cOmpensat-
ing advantages, an unnecessary charge upon
people groaning under corporations county,
State and Federal taxation, ought to be
avoided. Let us examine and count the
four city-cOunty courts, in all siXty-four
courts. Suppose each sits three days, which
is probably fair average for the whole.
The expenses, direct and essential not speak
ing of individual expenses TO attendants,
are about rs follows. viz:
Three Judges, three days S. each . S45 90 |
Sheriff and bailih, - each, , days.. II 90 |
II Jurors (may be 2i) 81 80 each, 3 days 81 90 !
Shsritlfs fees in State cases, $50 per
annum each term. Observation-Disclosures. l6 |
Clerk : fees III State cases, $50 per an
A q
SIG %
Sixty-four courts, one each month for
twelve months, $0l,625 7G!!!
All this direct charge upon the pocket of
Tie people, to say nothing of the enormous
expenses of such litigation to the parties
Is it too much to ask of the Legislature, chi
bono, all this costly departure from the con-
all this burden upon an over
taxed people ! ought not the nuisance to
lbdtc
There is no public necessity for it, The
circuit courts are ample to render justice in
very case. If they are too far apart in their
SESSIONS, make the terms longer and increase
he circuits in number, or organize criminal
'ourts separately in each judicial circuit
ourt district. This would cost far less, and
1--WE You a more reliable tribunal.
If You want a speedier trial of actions for
lebt (though the popular view says this is
90 speedy already pass an amendment to the
eleeting justices for foar years,
nd increase their jurisdiction to one or two
hundred dollars, with II jury in all cases
yer so, u The parties desire IT,
Thus may Justice be done between parties,
y better prepared judges and at infinitely
ess cost.
VIII the Legislature persist in a mistaken
olicy, just because they have started it
)r viii they retrace their steps and return to
ried paths, before the incubus becomes
hronio, and the people permanently saddled
Nth useless and profitlcss taxation ? Nous
dToRs SENEx.
Kinds county. Aug p. ls66.
An eminent physician of Memphis saws {
here has not as yet been single case of {
static cholera in the city. The case Of the 7
hole family who died 50 suddenly in South / I
-reet last week. turns out that they were
oisoncd 10y arsenic being placed in their
read 10y colored woman, who alleges thar '
he uistoOk it for baking powder Il seems e
range however. that she ate none of the I
.