The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1870-04-28

The following RESOLUTIONS appear upon
the Senate journal of Wednesday last:
Under tbs suspension of the rules, Sena-
tor Gibbs introduced the following:
Resolved, That a joint committee OF three
on the part of the Senate and - on the
part of the House be appointed to investi-
gate the second escape of (. NJ Yerger.
Senator Morgan offered the following as
a substitute:
Resolved. That joint committee of three
on the part of the Senate and - on the
part of the House be appointed 10 prepare
an address as provided in section 81. article
:. of the Constitution, TO his EXcellency. the
Governor, for the removal from Office of l..
Shackelford, the judge who sat at the trial
of the writ of Habeas Corpus for the release
of T.. VI. erger, and that the said commit
tee shall report on or before Monday next.
The House concurred in the resolution
upon the same day without giving it a
moments consideration, and appointed a
committee Of five.
1t seems that our legislators are igno-
rant of the fact that they constitute but
one branch of the State government, and
that the Judiciary is co-equal depart
ment, entirely untrammeled by response
bility to the Legislature. If ignorant, it
is time they were learning something Of
the form of government which they are
degrading by such an exhibition OF impo-
tent malice, as prompted their action of
day before Yesterday. If they knowing
ly intend to subvert the constitution, and
make the Judiciary but an instrument Of
Radicalism in their hands, they had bet
ter postpone indefinitely the Judiciary
bills now pending, and save the people
the expense Of sustaining useless ap-
pendage of their all powerful body.
We are willing to attribute their action
to the first named cause, knowing the
composition of the Legislature; but ig-
norance is no excuse for such tampering
with the great bulwark of the peoples
liberty.
The merits of the Yerger case are not
in question; and it is not our intention
to discuss them, but the Legislature had
no more to do with this than they have
with other criminal cases which may now
be pending in other courts of the State.
During the late canvass the particular
partizans of the adopted constitution
were loud in their praises of its judiciary
system, and extolled it far above that of
the old system. They claimed that in
removing the selection of Judges from
the popular arena, the Bench would be
protected from bias and partizan influence.
The action above quoted indicated that
the real intention was to place this in
portant branch Of the State government
under the control of venal Legislature
and partizan Executive
Governor Alcorn declared in his Inau-
gural Address that the Judiciary hence
forth was to be composed of ''men learn
ed in the law, whom society would not
presume to ignore" If he intends to
make good this pledge he must treat this
assumption of authority by the Legisla-
ture with the contempt it deserves. But
if he permits himself to be controlled in
this grave matter affecting the integrity Of
the Bench, and the rights of citizens we
predict he will find it difficult to procure
learned legal gentlemen who are willing
to prostitute their honored profession at
the dictation of a Legislature thrust into
Office against the wishes of the governed
at the point Of the bayonet. Society viii
not only presume to ignore, but the world
will have contempt for, Judiciary so de-
based as to forego their oaths as attorneys
and judges at the dictum of another
branch Of government.