The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1867-01-31

Pending the consideration Of the Governors
Message, vetoina "A bill entitled on acs
regulating final process onjndgments ana
DEGREES in certain cases. The hon. e: ~.
Brown, in the House Of REPRESENTATIVES,
on Saturday january Sotn, opposing eno
passage Of the BILL said
Mr. SPEAKER III voted against this bill
when FIRST submitted to the consideration OF
the Legislature, because believed II uncon-
sfitntional. unjust and oppressive. It pass
ed the House by majority highly compii-
mentary to the distinguished commitbee
which devised it, The encouraging vote u
received, inspired its friends with nope
and consolation which only qualified them
TO feel the moro keenly, the disappointmenss
the Executiye BY virtue of authority, y
was returned. by the Governor with ms or
factions. to this House. Since then, weeks
have ELAPSED, months have TRANSFERRED we
have had time for elaboration; but nave
found no reason that should change the
opinions then entertained am prepared
TO-DAY to sustain the Governors veto, as
was then, to vote against the bill on its orig
In doing g, know am leaving record
which i,Ii51ies an object wholly different
from that which prompts me to make it,
I know it may be construed am opposed to
giving relief to the people. But had rath-
know that am serving their inter-
est. eren at the risk of their confidence
and support. than to know am betraying 1t,
though tt should win me their appreciation
and applause. 81
Regardless of what the consequences may
be to myself, shall do what conceive 20
be my duty shall meet the responsibility,
assume. The very oath, in my opinion, which
| viii require the Judge to decide it uncon-
| stitutioiaI. makes it obligatory on me, SO far
as my vote is concerned, so to decide it noW'
| thereby saving the people from disappoint-
ment and the Legislature from reproach.
| know very well, we could 60 back to our
1 constituents and tell them we have passed
| law for theirrelief. and that they must throw
| the blame and the responsibility upon the
/ Governor and upon the Courts if it be not
/ sustained. But such policy is unbecoming
| the dignity of Legislature and Representa-
/ tiyes cannot much longer escape responss-
bility for the disappointments they are oc-.
casioning by Unconstitutional legislation.
! saw this in all Kindness, and in due differ
| ence to the ability and high legal acquire
/ ments of distinguished gentlemen who favor
/ the passage of this bill-but say it in sim
| cerity Twelve months ago there was rea-
| son or excuse for committing constitution
al error in the principle on which conceive
| This hill to he based. than there is to-day.
4 The Question was then a new one, and al :
most wholly unagitated but shall we pay no
zat4ant ;on ,,orv to sthe nreeedents which the
4 mast twelve months have furnished 1t be-
comes this Lecislature to devise some 'tmea1
sure of relief which can escape the consti-
tutional doubts and objections which dis
cnssiors svefoes and sdiudications have
indieafed and exposed. OF it must meet the
resnonsibilitv for the results, and not at
tennt To eroGe that responsibility by shifting
4 e mon stha ,Gsvernor and upon the Courts,
i when their admonitions are already before
Won. s4asR alss-asa9s IS b
lvsasIf This cannot be done--if these objections
4 connnt he avoided. then let us tell the people
N. and do notl;no. I am unwilling to tam
ners with their confidence Il am unwilling
Ito create homes and then doom them to dis
# on,so;ntmant II 10 imnossibla for me to
s1l,,ose for one moment that this bill,
conid be sustained by the Courts
| of the eountry.. 1t, occurs to me that
i it is based ON the principle of the "old stay
i Iayv,,' that has already been decided uncon-
sf;tntional g !.
1 I know this bill does not propose to
i cyoae tha Courts. / know it allows
n anti to, an to ;udomeat, But then it STAYS
fhree uorfs of that Judgment. It, staus the
.colieetion on that mach of the debt. just as
comnletely SO as had not the Judgment been
rondarad at ali-inst as completely SO as had
/ The T;onrfs been Closed for that length of
/ time, consequeutly, the jateatioa of the
i Constitution in declaring that the "Courts
shall be held opea,n is as absolutely defeated
NV the provisions of this bill, asst could by.
aiy possibility have been done by the "old
Stay law" itself.
Nor have I. Mr.. Speaker, been able to
cornnrehend IN what techmicalitu of the law.
| Gentlemen discovered the right TO stay
/ eracut;on on three parts of q Judgment, but
,,nf so tn atay IL. on. the <balanee---that three
Darts of the debt is of little consequence in