The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1868-07-06
f,Iagrant Abnse Of power.

patton has never occurred in the pro-
gress of what are called reconstruc-
ton acts, than that which is disclosed
by Justice Smythe, in his letter of re-
signation to Gen. Gillem. True the
Court which was in session was but a
Justices Court, but the outrage was
not, on that account, the less fla
grant 1t was as much constitu-
tional and legal civil tribunal as any
in the State, and the outrage would
have been no greater if it had been
committed on the highest court known
to our law.
1t seems that the Justices Court
had convened for, the purpose of try
ing an individual, charged on affidavit,
for an assault committed on another
individual, with a deadly weapon,
which is an offence of an aggravated
character against the laws of the State
and it seems that the trial was pro
crossing in an orderly, quiet, manner,
when an officer entered the court room
rescued the individual charged
arrested the witness then under exami-
nation, and suspended all other pro-
ceedings of the Court in the case
This was done on the request of the
| accused, and in letter addressed to
| the Commander of the Post; and
whether the allegations in that letter
| be true or false, is of little conse-
quence; it is certain they were not
made on oath; and If true, they fur
nished no justification for this extra
ordinary proceeding. If the defend
ant had been charged with murder, or
any other crime, the officer would
have been as much justified in rescu
ing him.
If the excitement was as great as re-
presented, which is denied by Justice
Smythe, the duty of the officer was
plainly to protect the court in it's pro-
ceedings. and to preserve order. The
officer, however, seems to have been
far more interested in rescuing his
friend from the law, than he was in
having the State law or reconstruction
acts enforced. The reconstruction
acts do not deprive local tribunals OF
their Jurisdiction and when they are
proceeding faithfully in the discharge
of their duties, it would seem to be
incumbent upon the military to protect
them. 1t seems now, however, to be
discretionary with subordinate Off
Ger, mere captain, whether any State
tribunal shall exercise it's functions
If a military could be made more alb
solute, more arbitrary, we are at a loss
to perceive how it could be done; and
if crime can be more etfectually en-.
couraged and tolerated, certainly nc
better plan can be devised for that pur-
pose than to arrest the witness and sci
the prisoner free. No man or woman
will ever venture to prefer charges OF
testify. The reconstruction acts are
extremely harsh and destructive Of
liberty, even when leniently admins
tered, but the instance now disclosed
to the public sweeps away the last hope
| for 1orOf cotton
We incline to the opinion that Jus
ticc Smythe acted indiscreetly in re
signing He should have prosecuted
the individual who thus obstructeC
the course of justice without authori
ty. Perhaps it may be said this woulc
be useless, as the military might agaiI
suspend the Court. But this is not
good excuse; the question ought t
be tested; the statute is plain, and it
: strength ought to be tried; and this
Mr.. Smythe owed to the people VIII
, placed him in the office. Whenever
people willingly submit to usurpatior
they may rest assured the usurper WI
not relax his hold.
1t is due to Col. Biddle, the regula
Commander of this Post, who is re
puted to be an honorable and discree
gentleman, who is disposed to exel
else his powers with lenency, to sa
that he was not at home at the time Q
,, this occurrence and it is to be hope
when he leaves home again, that h
will leave some one in command VIII
has more enlarged and accurate notion
of his duty.
REV G. j. MORTIMER, we are please
to notice, publishes card in the Co
7 piahan, stating that he showed his or
+, position to the proposed Constitutio