The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1867-03-07


tion Of the, 4tll article in relation to the
clerk. There can be but one clerk Of The
court, who must necessarily have the Gus
tody 81, and be responsible for allthe books
records and papers of the court, wherever
lis sessions may be held. He Is cOpstitu
tional officer, whose term and tenure cannot
be. affected by legislation. He Is the sole
clerk Of the whole court, wherever ID may
be, and when it moves, IL takes with id It's
records, it's officer, and all Its Jurisdiction, 81
Any other construction would reduce the
andercolOrof holdi0g four, and would work an
oppressive denial OF justice In many cases, civil
and criminal. And besides this, as this act is
prospective merely, aud purports to apply only
TO eases to be brought to this court after the
FIRST Monday Of April next, any view different
from the one we have taken would leave all the
causes now pending, and all that may Originate
before the date mentioned, without any pro-
vision Of law for their trial and determination
at any time, now or hereafter. ~ ~ t5"HN1
We are, therefore, Of opinion that this act Of
the Legislature. so far as might be construed
to restrict the Jurisdiction Of the court at each
term 70 the cases arising IN the counties COM
posing the district in which the court may, for
the time, be holding its session, is unwarrant4
ed by the constitution, and Is to be disregard
ed f5tt-E48 81 lkd&93) .33i o8Tk9
We CONSEQUENTLY direct the CLERK that all
the court, from whatever part Of the State they
may come, must be carried to the places Of
holding the court under this ugt, at the times
appointed for the several terms. The general
docket Of the court, embracing the causes from
all the districts in their regular order, viii be
called at every term, and all the causes thereon
will stand for trial, or other disposition. G
AS this matter is new, and Of general in-
terest, we have preferred to s1ate ouryiews at
some length, rather than content ourselves
with the simple announcements Of . rule Of
court applicable to the subject t5.,4 figf.I
1t isproper to add that oil writs of error,
appeals and process of every description, after
the first Monday of April next, must be made
returnable to the next term ofthe court after
the taking Of the writ of error or appeal, or the
issuance of process, wherever the said term
may be held: No change in this respect is
made in the law that appoints the first day. of
each term as the return day OF that term. Z d
8. $ 10 q. .ss.fj IS t,,gs ELLETT.
The State of Mississippi.l October Term, 1866.
High Court of Errorsf Saturday, Feb. 70,
Ordered, That hereafter the records In all
causes now pending, or hereafter brought to
this court, from whatever part Of the State they
may come, shall be carried by the Clerk to the
places of holding the court, at the times APP
pointed for the several terms thereof, and that
"a docket shall be made out, at each term, con-
tanning all the cases then pending, in their
regular order. - tl-33.A : % :;
A true copy from the minutes. 5'H = - 81
asT5z 17 = s9ssS "a 2 CLERK.
Speech OfReverdy johnson ON the
RecOnsfructiOn BILL e5sd =.
The following is a full report of the
speech of Mr.. Reverdy johnson, de-
livered in the Senate on the Military
Bill:
eMr. President: I.have felt asolici-
tude for the condition of the country,
consequent upon the exclusion of. the
Southern States from their right of
representation in this body, that T want
words to express. , The view thatI
have entertained is that, in their pres
ent condition, they are entitled to be
But the Congress Of the
United States, u from the termination
of the rebellion to the present time,
have taken different view, andI have
lost all hope of seeing them at any
early date, if at any day with the con-
sent Of Congress, reintated in their
original condition. Lila NJ ba s'.s ~ !.
4Besides, the interest, the vital in4
terest, which the people of the South
necessarily have in the present state Of
things, the interest of the other States
is almost as great. AS long as it con
tinues, more or less will the reputation
Of the country suffer. T have been,
from the first, ready to agree
to any proposition which / believed
would result in bringing the Southern
States back, however much ! may be
opposed to the conditions which might
be exacted Of them. :as sose' 5.,a,,a.s
Nothing can be worse than the
state in which they are now placed
Desolation around them, all rights de-
MED them of q political character, and
on. the floor of the, Senate, to. say moth /
ing Of another branch of the, govern
ment, their character as men has been
expressed in terms which have caused
me nothing but the deepest regret. I
know. that they are NOT deserving of
such aspersions / think I know that
the descendants of men of the South /
who upon so many occasions battled
on the field for the honor and glory 4
of the country and contributed so
much to the success of our civil gov
cannot be such men as some
of the members of Congress have de-
them. wish them to be here
in our midst to show by their presence
that in all particulars, moral and po-
litical, intellectual and Christian, they
are our equals. The very battles
which they have waged In seeking to
destroy The government exhibited
deeds Of 3alor of which Rome I'm her
proudest days might have boosted. If
I had my own way I would receive
hem at,once in this chamber, with a
leart full Of convictionnithat they
would be true to their duty. 20 their
country, and that they. would promote
is permanent interest. II sah sal
,ssBut I have not my way. + am OBJ
iged, therefore, to acqniesce in the de-
,ision of the majority Of Congress,
however erroneous or unjust I mayI
believe that decision to be, providedil
believe that twill end:in aconapar-
ltively short time il. restoring the
Southern States to tile Brotherhood of
states. lam unwilling that this Con-
,ress should adjourn without the adop-
ion ofsome measure that holds out a
lope, however Distant that this maysI
e. the result of our deliberations, and