The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1870-03-17
ortlhecIarior
For the-Clarion.
The New Administrations Ja-
dfcfnWV.

HE Nexy Administrations The In.
dietary.
The editor OF the Meridian Gazette In Civ
ing an account Of an interview with GOV
| Alcorn, says
-IIe was emphatic in the expression OF /
determination to execute the laws for tn
| protection Of all the rights Of all the people
with strict impartiality. violence has y
cease. and there must be peace within tn
/ borders Of the State. Neither black no
\ white. will be permitted 10 perpetrate out
| RACES en- the rights Of person or property o
the other: the full power OF the Executive
| will be exerted 10 suppress all disorders ane
! to punish all criminals without regard q
| color. In short lac means TO have a nlki
| laws. TO the end that all the citizens of IN,
State may have certain security In all theil
rights"
These are most commendable and patriotic
intentions. and in carrying them out Gov
! Alcorn should and will receive tile sympa-
thy ana support of all good citizens. As tho
duty will deyolve upon him ut the outset o
his administration Of filling every Office II
the State, whether judicial or ministerial, he
will certainly have it i'm his power 10 inau'
gurate an able. firm. honest and impartial
administration of the laws-a consumma-
tion most deyoutly TO be wished, not only In
Mississippi but throughout the entire length
and breadth OF the Union.
From what Gov. Alcorn has said, the peo-
pie of the State have right TO expect that
he will call to the Bench the best men. Poll
tics have no connection with the admins
tration of justice, civil or criminal. A judge
wanting in ability or learning is ineompe-
tent, and even with these qualities in the
most eminent degree, without integrity ho
cannot be the right man for such place.
The greatest evil that can be inflicted upon
society, is a corrupt or incompetent judici-
airy.
An Indispensable coalition precedent To
the proven execution of the criminal laws
is the selection of competent aud faithful
District Attorneys. IL Is too Often the case
that Inexperienced young men, of no mark
ell ability. are seen acting as the representa-
tiyes of the State and that too. In eases
where the best talent of the bar is enlisted
on the side ef the defense. The well-being
of society and the protection of innocence
demand the punishment of guilt, and to Sc
cure IL our Dispict Attorneys should be men
Of honesty, ability and experience In their
profession. To obtain such, however, there
should be attached TO the Office n salary
properly proportional TO its Importance
Ii is believed, moreover that IL would be
wise to pass a law authorizing counsel en-
ployed TO assist in prosecution. with the con-
sent of the District Attorney and the Court
to be regularly appointed Assistant District
Attorneys for the occasion. AS employed
counsel merely. assistants In prosecutions
are never allowed. by our courts TO make
the closing argument, and the fact that they
are not recognized as regular officers of the
Court or State, always affords theme for
criticism and inyective To the counsel de-
Tending which is frequently employed with
some success in making 1.-The worse appear
the better cause"
Laws of more stringent character should
be passed on the subject of the arrest aud
safc-keeping of persons charged with often
ces. A large proportion of all criminals are
not arrested, and many who are arrested cs-
cape trial, by giving inadequate bail, or by
breaking iail. When a murder or other Of
fence of high grade has been committed, TIE
entire power and Resources of the state, IL
necessary. should be employed to secure the
arrest and punishment of the criminal. Let
the law, in practice no less than In theory.
be made q terror to evil-doers. and then, and
not before, 'all the citizens of the State Will
have certain security in allthelr rights"
Our constitution and laws on the subject
of bail in criminal cases should be enforced
in their true meaning and spirit. Whilst
excessive bail should not be eXacted a sufii-
cient penalty and sufficient securities should
be required in all cases TO make IL Teasona-
bly, certain that the party accused. will APP
pear and answer at the bar of justice the
charge brought against him. The poverty
of a citizen SHOULD not be made "A passport
to his release from custody on merely nom
inal bail, when there IL any good reason to
believe that he he has been guilty of crime.
nor should the rich man under the same
circumstances be released on bail which j.
to him matter of small consideration in
comparison with the penalty of the crime of
which he Is accused. In every case Of bail
the interests of the public should be as care
fully guarded as those of the accused.
In capital cases our courts have by insen-
sible degrees become too little disposed 20
hold ''the proof evident, or the presumption
great against the accused, aud all expert
ence shows that in cases of that character
bail greatly influences the verdict OF the
iury. Many murderers have been let out on
bail. and there Is perhaps no Instance In the
annals of this State in which, after bail, "A
criminal has been capitally convicted and
punished.
Another practical evil is found IN the de-
cisions Of our High Court as 20 what state
of mind constitutes competency on the part
of juror. An opinion based on evidence
or prejudice against the accused should be
held disqualification, but the so holding
some merely hypothetical opinion which al
most every intelligent man In the commu-
nifty must form a. to every case that occurs,
l. not necessasy to fair and impartial trial,
and excludes, in a great measure, the very
class of men of which juries ought TO be
composed. a person of intelligence and
honesty will find no difficulty I'm divesting
himself of any preconceived opinion based
on rumor or incomplete knowledge. Indeed
the fear of such person that he might be
Influenced by such an opinion To do injus-
tice would lead him 10. but the more careful
scrutiny and weighing Of the evidence pre-
sented. This class Of men Is generally ex-
eluded from criminal juries. not because in
justice Is really apprehended at their hands,
but lest their Intelligence and integrity
should lead them to render true verdict
according TO the evidence.
Executive pardons should be Of rare oc-
currencein cases of undoubted guilt.
Let every door OF escape be efiectually
closed against the offender, ana men will be
afraid 10 place themselves In that category.