The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1870-03-17

The following message was communicated
to the Legislature on yesterday:

The most urgent duty incumbent on yol
in setting the civil government in motion
appears to me % be the organization Of tn,
third department. First in order. therefore
l respectfully invite your attention TO tn,
important question of filling out the detail
of the Constitutional design Of distFictins
the State for the purposes of the Judiciary
The State shall be divided into convent
ent Judicial districts" Sec. Is, Article G
This section of the Constitution suggest
chan ges in the existing system of district
ing under an application of the principle o
convenience.
The Mississippi river presents now. as I
did formerly. a basis an which TO arrange
Judicial district consisting of a group o
counties otherwise inconvenient of access
| Not so, however. with other districts of tn,
State. The principle of. convenience OF
| which they have been laid down demands
now. new applications. They were defined
before the line of Intercourse amongst U.
had received their directions so positively
| as they have since done under the influence
| of the Railway. No reason remains. il ap-
pears To me, why several of these shall con.
tinue to be grouped on cross-country lines
| runnin 9 east and west while great lines o.
intercourse by which they are traversed
now north and south. | recommend, there
fore. with the highest respect, that your re-
/ districting of the State shall be carried out
in the form of groupings of the several
1 counties composing the districts around CEN
| trail lines offering the convenience of trans
portation by railway.
The general principle of convenience be.
| ing pointed out proceed to special consid-
erations that, in my opinion. should guide
4 the Legislature in dividing the State for the
purposes of the Judiciary.
| "Chancery Courts shall be established In
each county in the State, with full jurisdic-
ton In matters of equity anu Of divorce and
alimony in matters testamentary and of adj
\ ministration of minors business and aliot-
| Tnpnt of dover. and in eases a idfncv- lima
cy. and persons non-compos mentis." Sec
! Is, Art. 6. Tribunals charged with these
varied and delicate duties rise TO a dignity
far above the level of the old Courts of Pro-
bate. They embrace very wide field OF
Judicial business.
Four terms wear in each county are made
obligatory by the fundamental law; and
with so great breadth of duty, while they
may in few instances reach the constitu-
tional limit of four counties, they WILL in
some others. embrace perhaps so small an
extent of surface as but one county.
The functions assigned to the Chancery
Court by the constitution, con1ine it to a
very great extent, to questions affecting
property. And consequently, in grouping
the sever al counties within the constitutions
al number into Chancery districts, the
grouping should, it appears to me. be made
as a general rule. on the basis of wealth.
The business of the Chancery Court i'm any
county may be supposed TO be in the proper
ton of its production and this approximate
measure of the actual fact, may / submit, be
held a convenient guide in grouping the
counties into Chancvry districts represent
ing equal distributions of the aggregate
Chancery business of the district
"Chaneery Courts shall have original iu-
risdiction in all matters, civil and criminal.
within this State; but in civil cases only,
when the principal of the amount in contro-
versy exceeds one hundred and fifty dol
lars" Sec II. Art. 6. The amount of BUSH
fal-a NV Of
ton from the Circuit Court may be found,
in fact, to be very small; for while it is true
a heavy part of the practice has been trans
ferred TO the ChanceTy Courts, much of the
business of the Magistrates courts may.
probably, prove to belong still to the Circuit
Court in the form of Appeals. And thus
while a reduction of the practice of the Cir
cult Court has, no doubt, been made under
the new cast OF our Judicial system. the dis
tricts ought, ] submit, to be laid down in
view of the fact of the decided increase in
the number of inhabitants coming under
their cogniZdnce.
But the Circuit Court retains very con-
siderable amount of duty based on proper
ty; and this consideration combined with
the former. suggests to my mind the dis
tricting of the State for the Circuit Court on
a mixed basis OF property and population.
The reduction in the range of practice in
the Circuit Court does not involve reduc-
ton in the number of the districts. The
functions of the court embrace. henceforth,
all our people; and must be held, therefore,
to have been extended, in their application,
from a free population of three hundred and
fifty thousand to free population Of seven
hundred and fifty thousand.
The judiciary Committees OF your honor
able bodies will make, have no doubt an
accurate estimate of the reduction made by
the Constitution in the business of the Cir
cult Court; and will find no difficulty in ar
irving, furthermore, at n close appr0xima-
~ - no aI Of Iah m ha
formed by those Courts in full view OF the
fact of the great increase of their duties in
cident to the large accession made to the
number of people subject to its direct juris-
diction.
"a Circuit Court shall he held at least
twice in each year." Sec. 10, Art. 6. This
section of the Constitution opens the ques-
tion of the proper number of Circuit Court
terms. In my opinion the Circuit Court
should sit in each county THREE times
year. This is a very grave question, on
which l submit to the consideration of your
honorable bodies the following suggestions /:
Semi-annual sittings of the Criminal
Courts involve punishment without trial.
Severe penalties are made TO accompany, IN
that case, a duty which the law, in its hui
manity, would confine simply to safe-keep-
ing; and the just Accommodations at the ser
vice of those courts, are of character which
make this violation of the tenderness of our
Jurisprudence one which calls loudly for
| submit TO your honorable bodies the re-
commentator that the Circuit Courts shall
be organized under law commanding that
they hold their Jail deliveries three times
year.
Jail service in the several counties is very
defective. 1t cannot be brought up to a
proper standard without heavy OUTLAWS of
money. The reforms necessary in the case
will be "A work of time. Accepting the facts
of our Jail service as they exist, it becomes
fn foly in 10
ganizatiOn of the judiciary as shall reduce,
at once, our very high percentage of jail
breaking. And with that view l commend
to your earnest consideration the wisdom
which appears to me in shortening the time
of imprisonment pending trial with view
to a reduction of the risks of escape.
The frequency of the terms of the Circuit
Court is, in fact, principle to which we are
pledged. 1t belongs to the new regime in
its bearing on the prompt collection OF debts;
and, in that point of view, leaves for US
simply the question whether the objects to
which we are committed can be fully met
by less than three times year.
The populations subject to the jurisdiction
of the Circuit Court doubled, and its sittings
increased fifty per cent. an increase Will,
il may be supposed, be necessary in the
number of the Judicial districts. But while
this increase is fully justified by its minis
tering to the liberty of the people, it may
be justified to great extent on even the
RtOund Va OSOhOAAJs LSSaNNo
ton of the arm Of the law, the increase of
the terms of the Circuit Court will affect
saving of one-third of the outlays now made
for the maintenance of unLried prisoners;
and this very considerable sum of money
will go far to meet the expenses incident to
the increase of the number of terms of the
Circuit Court from two 70 three.
On the districts of the Supreme Count /
have no suggestions 10 offer. The Consti-
tional text covers that case fully. As grave
questions may arise in the meantime, and
inasmuch as we are without a Court of
Chaneery or Probate Jurisdiction with the
County Court practically abolished, / re-
peat TO you my anxiety that the organiza-
ton of our Judicial system be completed
with all the nr0mntnesS comDatible with