Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-10-18

10 HIS E.cceNency, Benjamin, q. Humphreys,
Governor Of The State Of Mississippi: ,
SIR [ hereby resign the Office as Judge
of the High Court of Errors and Appeals of
the State of Mississippi.
In surrendering this high trust, so re-
peatedly and so generously committed to
me by the people, deem it proper that I
should make known the reasons which con-
strain me to do SO.
It is we'll understood that the United
States military commander in this State
claims the right, and has the physical pow
er, at discretion, to e. ect from office any or
all of the Judges of the State, to appoint
others in their places to set aside and an
null the judgments of the courts, and, in
short, to set at naught the Constitution
and laws of the State, from and under
which alone I hold my office. These pre-
tensions are, in my judgment, incompati-
BILE with the supremacy Of the civil law, the
dearest right Of a free people and if ac-
quiesced in, II ust lead to subserviency in
the judges, destructive of their purity, or
subject them to the imputation of it de-
grading to the dignity of tribunal which
should stand above all suspicion.
[ have been educated to believe free and
untrammeled judiciary to be the great bull
wark of civil liberty in free governments
it's protection alike against popular excite
ment, and the usurpation of those in poll
teal power UnmOved by popular tumult,
and unawed by fear of control from those
holding the reins of political government,
in its grave and solemn action, it holds the
scales of Justice with firm and unwaver-
ing hand, dispensing law and right to all
alike; and, whilst sustaining the Govern
ment in the exercise of its legitimate pow
er, at the same time, hOving the right and
the power to stay it's hand whenever raised
to invade the rights of the humblest citizen.
In order to the fulfllment of these high
functions, it is manifest that the supreme
judiciary of State must be perfectly free
and Independent, without fear of control,
except by that salutary influence which
proceeds from provisions of the organic
law made to secure official fidelity.
OF such a tribunal I am proud to have
been member for the last fourteen years.
But now it is apparent that it's character
and dignity cannot be maintained, and that
it's powers must be held and exercised in
subordination to the behests of military
commander. And though not as yet posi-
lively put into exercise by this officer, yet
the extraordinary power is asserted; and
that is, in my view, such an invasion of the
legitimate powers of the judiciary as to
place it in condition of military duress,
in which I cannot seem to acquiesce by
acting under it.
It would be repugnant to all my ideas of
propriety to hold the judicial Office subject
to the discretion of a military commander,
who has the physical power to set aside the
judgments of the Courts, upon any sub
ject, whenever he may think fit to do So. =
Regard for the rightful powers and dignity
of the judiciary, which it is my duty to
80 -
that the supreme Judicial tribunal of the
State should suffer such a degradation at
my hands, by my continuing in the Office
of its Chief Justice, under such circum-
stances and self-respect impels me to re-
tire from it, whilst its dignity is undimin-
ished and its purity unsullied.
I have the honor to remain, with high
respect, your Excellency's obedient SER
want, A. H. HANDY.