American citizen. [volume] (Canton, Miss.) 1864-1890, 1867-10-19
REs'aNATIos On JUDaH HANDY.

10 ms EIcetieAsy, BenjdmiR
Hamnhreys, GoGGsaor Of tie Stal
of lNississipptss " 81 sa sa
Sir: | hereby 'tesigif flp Office c
Jn'ge of the Hisb tonrt Of Err6r
land Appeals Of tlse STATE of Missi,
sh'pi.. Iis rSssa
L In <urrend-rins .tlis high trnst, i
: rEIepeattAty and sss graeionslv com
niitted to me by@siIa1y2n,,lr. 7 den
Iit proper that I sffaifl make know
III. reasons whi,if eon>fraifg me (,
do no. a3 31'fN ss- {
I 1t is we'll un.hfslood ti,at N,
United States military conrl,andcI
il this State claim i the right. am
has the physical ,shoer, Mt discretion
| TO ejetf9fiom offirsbnN or AL af The
Judges of th. Statk .t0alpaint other.
m fheir. places, tGset aside aud anulil
the judgments of The conrts, ard in
sliort, fo5set afn&sEht che Cunstitr.
ton and Jaws of the State, from Sand
under which alone / hold Office
These pretensiOns are, in my i,,dg-
men', Incompatible with the supre-
macy of the civil law. the dearest
right Of a fire people; and if acoui.
esced in, must lead to Snbserviency
in the judges, destructive of their
purity; or subject them to the i'm.
pnration of it, degrading to the dig,
nifty of tribunal which should stand
above all suspicion.
have been educated TO believe a
ir"e and nntranmeled judiciary to
be the great bnlwark of ci> il liberty
IN free governmsntS-its protection
alike against popular excitement
and the nsnrpaton of those in pn-
litiral power. Unmoved by popular
tnmult, and unawpd by fear of con.
trol from those holding the rrins or|
political government, in its grave
and solemn action,i il hc!dS the scii'pS
of justice with II firm and unwaveripo
hand, dlspc nSiug law and right to al!
alike; and, wliIsl sustaining the
in the exercise of its |
legitimate powers, ut the same tim.
lmving the right and the power to
stay its hand whenever raised TO in. |
va'ie the constitutional rights of th,.
hnnlblrst citizen. IN order to the
III tilment oi these high innrtiens. it
~ manifest that 'l" supreme judiciary
pf State must be perfectly Y free and
independent, without fear o! control,
'xcept by that sllulary Influence
which roceeds fr' m provisions o.
he organic law made to secure oi.
icial fidelity. !
Or such a tribunal | am proud to
ave been a member for the laS {
years. But now il is an
'arent that it's character and dignity {
anIiOt he maintained, and that its
'Owers must bp held and exercised y
4 suhordination to the hphpstS of y
Iiltary commander. And thnurh =
OF as yet positively PVT into exercise Il
v this otfice', vet The extraordinary i
ever is asserted; and that IL. in my n
lew, such an invasion of tht. lpgiti- g
late powers of. the judiciary rs to e
lace it in cnud tior Of mili'ar,
nress, in whh.h | cannot sppm to
rquieScc by acting under II.
1t would b. lrpugnant to all my To
ltas of pr"miety to hold the judicial
flee subject to The disrretiou of - r
ilitaiN commander. who has the lt
|ysical power to set aside the .iudc-
cuts OF the Court. npon any sui, h
ct, whenever he my think 1T to dd e.
}. Regard for the lightfu powers -
,d dignity OF the Judiciary, which II
lS my duty to sustain, therefore, 'l'
nders II impossible that the sn N
, me judicial tribunal of the State I'll
Uul,l suffer such Degradation at h'
, hands. lN my continuing in tn" tn
fic of its Chief Justice, under such
and Srl'-iespcct i'm WI
Is me to retire from it. whist its tn
cmty is uldiminished and it's puri- go
u,sullied. e.. ...4 an
] have tn honor to remain, with u
yi respect, your Exrellencl'S ob"- h"
mt servant, ..-.. he
A II. HANDY. m'
90 bu
The New York correspondent nf an
: Charleston Courier says there is u"
strong political organization in II
II city vi ith rdmitiratiouS thIuuoh- llU