The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-02-28

of all government. This principle is incor-
| porated in our fundamental law, by the 18th
section of the Bill of Rights, which declares,
THAT all courts shall be open, and every
person for an injury done him in his lands,
goods, person or reputation, shall have rene
dy by due course of law, and right and JUS
tice administered without sale, denial or de-
lay" To secure these ends the government
is organized, and its leading features pre-
scribed and adjusted by the constellation
This court is established and the number of
its terms regulated for this great purpose of
the administration of Justice; and it is the
right of every citizen, at every term, to have
remedy for any injury of which he may COM
plain; and this right cannot be denied or de-
layed without violation of the solemn
guarantees of the constitution.
The legislature may divide the State into
three districts for the election Of the Judges,
but when that right has been exercised the
power to district the State for any purpose
connected with this court is exhausted. The !
judges so chosen compose one court, which at
every term is open to all persons invoking
its jurisdiction. Its terms are held in order
that it may exercise all the judicial power of |
the State, vested in it as the Supreme an.
pellate tribunal, over all cases pending be-
fore it.
This view is fortified by reference to all
the provisions of the constitution respecting
the creation of the court, and the definition
of its Jurisdiction And 30 by the 10Th sec
ton of the 4th article In relation to the
clerk. There can be but one clerk of the
court, who must necessarily have the GUS
tOdy of, and be responsible for all the books
records and papers of the court, wherever
its sessions may be held He is constitu-
tional officer, whose term and tenure cannot
be affected by legislation. He is the sole
clerk Of the whole court, wherever it may
be, and when it moves, it takes with it its ,
records, its officer, and all it's jurisdiction
Any other construction would reduce the
erms Of the court in effect, to one in each year
inder color of holding four, and would work an ,
oppressive denial Of justice in many cases. civil
md criminal. And besides this, as this act is '
Prospective merely, and purports to apply only .
o eases to be brought 10 this court after the 7
rst Monday Of April next, any view different
rom the one we have taken would leave all the
auses now pending, and all that may originate
efore the date mentioned, without any pro .
ision OF law for their trial and determination h
any time, now or hereafter. Z
We are, therefore. Of opinion that this act Of =
he Legislature. so far as might be construed
restrict the jurisdiction Of the court at each
nm 10 the cases arising in the counties CON-
osing the district in which the court may. for a
le time. he holding its session, Is unwarraut- y
by the constitution, and Is to be disregard e
/ 81
we consequently direct the CLERK that all III
uses now pending. or hereafter brought % a.
e court. from Whatever part Of the State they =
az come must be carried 10 the places Of is
,lding the court under this act, at The times II
'poiuted for the several terms. The general
'el1ei Of the court embrf ing the causes from IL
the districts In their regular order, will be in
He'd At every term, and al the causes thereon ~
IN stand for trial. or other disposition. "
A. this matter il new, and Of general in %
rest, we have preferred 20 s-ate our views az ii
me length, rather than content ourselves -
IN The simple announcement Of rule o. ~
uri applicable 70 the subject III
u = proper 20 add that all writs Of error, Al
peals and prOcess q every description, after N.
2 hrst Monday Of April next, must Be made ~
urnable 70 The next tenn 0fthe court after N