The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1870-03-03
THE JUDICIARY.

JOHN III. NORRIS
For the Clarion.
THE JUDICIARY.
0 The government of State consists OF
three distinct branches-the Legislative,
Executive. and Judicial departments
When these move within their proper
sphere and do not transcend the Limitations
prescribed by the fundamental law of the
e State, and act in concert and harmony for
the public veal, good government is al
ways the result. But when either tran
scends the prescribed limits, and there is a
: conflict of authority between them, anarchy
and popular violence, Is likely to ensue.
These different departments were intended
to act as checks and balances one upon the
other; to restrain each within the limits pre-
scribed by the constitution. But the Judic-
ial department is the great restraining pow
er upon the other two, and the means
through which the will of the other two de
partments is eventually enforced and carried
out However wise legislation may be, and
however DESTROYS the Executive may feel
for the rigid enforcement of the law, yet
wise and wholesome provisions ofthe law in
many instances remain dead letter on the
statute book, and the arm of the Executive
| is powerless at his side, unless there is an
able and efficient Judiciary by whom these
laws are to be properly expounded and rig
idly enforced
The laws may provide that the murderer
shall be hung--the thief incarcerated in the
penitentiary, yet these and like offenders can
never secure the penalty due to their crimes,
except through the Judicial tribunals of the
country. The organization of this depart
ment, and the appointment of an able, eff
cient, and independent Judiciary, is of the
| highest Importance to the people of the
| State. Without this, the laws will never be
| properly interpreted. The will of the Leg
| islature will be Jhwarted-crime 90 unpun-
/ ished, consequently continue to increase. 1t
/ Is the certainty of punishment which tends
| TO the suppression of vice, and crime and
lawlesness will ever go UNPUBLISHED, whilst
| Ignorant and inefficient Judges preside over
the Courts of the country. An unpublished
violation of law, often produces a like
offence; men often become their own aven-
gers when the law is not promptly and strict
ly enforced.
The security of life, liberty, and property,
is dependent on the faith and confidence re- |
posed in the Courts of the country. The
life or liberty OF a citizen is sometimes sus- |
pended on single charge of Circuit Court |
Judge. The hard earnings of an unfortu-
nate litigant to the extent of thousands of
dollars are sometimes rung from his pocket |
by the ignorance prejudice, or Partially of |
the presiding judge, before whom the cause |
has to be tried. Those who are little capa- |
BILE ofreasoning are nevertheless often capa- |
bic of strong feeling and emotions, and it |
sometimes happens that the eloquence and |
ingenuity of the counsel are directed more |
to the passions than to the judgment of the |
presiding judge. He who has thorough /
knowledge of the law, and is capable of rails |
ing himself above the petty prejudices and |
passions Of ordinary men. are alone qualified |
TO preside over the Judicial tribunals of |
State. Hence we repeat that it is of the first |
importance to all the people of State to /
have an able, and efficient judiciary. We |
have been led to these reflections by think
ing of that provision In our new COnStltu- |
ton. which provides, that the Judges shall |
be appointed by the Governor, with the adj
vice and consent of the Senate. We deem
this wise provision, in the fundamental |
law of this State and If the power therein
conferred is judiciously exercised, we con-
fidently hope for a change for the better
The Judges will not be dependent directly
on the people of their district for their tenure
of office. Warm personal friends who sup
ported them in their canvass for the posi-
ton, and bitter political opponents VINO
Iabored for their defeat, will not be the liti
giants before their Courts. They will at
least to some extent be removed from those
influences which sometimes operate even on
a Judge upon the bench. The scales
OF Justice should always be held with
steady ana unWaVerl0R manu-, anu WaUcneU
with an ever vigilant eye. that justice may
be distributed alike to all. The Governor
of this State is an able and experienced law
yer.and ifthese lines should meet his eye, he
is capable of their due appreciation. They
are not written with view to promote the
aims of any particular individuals, or set of
politicians; but from desire above all to
have enlightened and efficient Judicial tri-
bunals. to whom the injured and the weak
can always appeal for a redress of their
grievances with the confident hope that
their rights will speedily be adjusted. Can
men answering these requirements be OBJ
tanned in this State The answer is they
can, and outside too of the bitter opponents
of the present executive of the State. Some
NAV perhaps be found in the Republican
ranks, to whom the Governor would no
doubt desire to give preference; but the
legal talent is not there, this all must adj
nit. There are among those who took no
part in the late canvass, the highest legal at
tainments; but it may be said, that able and
experienced lawyers Will not surrender their
practice for positions on the bench. We
think the present salaries will justify it, If
not pay them enough to induce it. The
decisions of the Supreme Court become the
fixed laws of the State. The decisions of
inferior tribunals in most cases finally settle
the rights of the parties liIigant and would
nearly always do so if able lawyers were on |
the bench, for then there would be but little
hope of reversal in the High Court.
A short residence in this State does not OF
vided they have resided here the length of
time required by law. But it can hardly be
presumed, that those who have lately come /
among us are as familiar with the laws-the |
decisions of our High Court, and the rules OF
practice. as those who have been long prac- |
ticing law in this State. A lawyer is not |
made in day. 1t requires years of labor |
ious study and close attention to the prac- |
tice OF the profession, to qualify one for the
proper discharge of the high duties of the
bench. The question of residence might
properly be considered in determining the
mental qualifications and fitness for the |
office.
If the new made citizen of the State Is
found equal or superior TO Others in all those |
qualities which adorn and dignity the bench, |
his claims should not by any means be ig-
nored. But If he is wanting in those high
qualities which give character and dignity
to the Court, neither his short residence nor
his new political affiliations, should enutle
him 70 precedence. All we ask is an able,
efficient, aud independent, Judiciary
LEX.
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