The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-08-31
MS uNcoSsTnUTIoNALITY.


Section 4, Article y, of the Constl-
tuition declares thatthe Legislature Hshall
provide by law for the Indictment and
trial of persons charged with the commits
sion of felony, in any county other than
that in which the offence was committed,
whenever, owing to prejudice, or any
other cause, an impartial grand or petit
jury cannot be empannelled in the coun-
ty in which the ofense was committed.
But this is function of the Judiciary
which is charged with the trial and pun
ishment of crime, and is only to be ex-
ercised by that department in the con-
tingency mentioned, viz: after it has
been ascertained and established by
competent proof that an impartial jury
cannot be impannelled in the county
where the offense is alleged to have been
committed. Section 1, Article 4, Of the
Constitution declares that ''the powers
of government shall be divided into
three distinct departments, and each of
them confded to a separate body of mag
istracy, to-wit: "Those which are Legis-
lative to one; those which are Judicial
to another and those which are ecu
tive to another" And Section 2, Article
3, declares that ''no person or collection
of persons being of one of these depart
ments, shall exercise any power properly
belonging to either of the others. .
The Bill deprives the Judiciary of this
function and vests it in the hands of the
Executive.
IT VIOLATES THE FUNDAMENTAL PRINCIPLES
OF FREE GOVERNMENT.
This principle is asserted in the follow
ing provision of the Constitution
l. In all criminal prosecutions the accused
shall have right to be heard by himself,
or counsel, or both, to demand the nature
and cause of the accusation, to be confron-
ted by the witnesses against him,
to speedy and public trial by impartial
jury Of the county l1here the ofense tods COM
Ditted.-Sec. z, Art. l.
The right of trial by jury of the vicin-
age is co-existent with free government,
and the rule can only be departed from
in the extreme case described by the
clauses of the Constitution above cited
to be determined upon due investigation
by the department (the Judiciary to
which the high function of trying a
citizen for his life and liberty belongs.
In the Declaration of Independence the
violation of this security against oppres-
sion by the crown was one of the grievan-
ces complained of by its authors; and so
essential to liberty was the principle
deemed by the trainers of the Constitu-
ton of the United States that they en-
grated it upon that instrument by declar
ing that in all criminal prosecutions
" the accused shall enjoy the right to a
" speedy and public trial by an impartial
" jury of the State and district wherein
&c the crime shall have been committed.
AN INSTRUMENT OF ARBITRARY AND afro
CIoUs PUNISHMENT.
The people cannot fail to see how this
measure may be made an instrument of
the mostcruel punishment to citizens who
may be obnoxious to the person filling
The Executive office and to the party in
power. Without imposing any restraint
whatever on the Executive-withou the
shadow of form of judicial inquiry
t authorizes and empowers him, at his
,wn discretion, to seize citizen residing
n one county and have him transported
o any other he may designate for trial
lmong strangers, inaccessible to witnesses,
md we will add for the purposes of pre-
neditated conviction and punishment
n the examples of easy Indictment had
" the Inquisitorial Tribunal which is
folding its secret sessions in this city, for
'artizan proposes, and even instigating
he imprisonment of a law-abiding citi-
en- for opinions sake, we have an illus
ration of how this measure may be made
license for unjust and barbarous punish
nent under the form of law.
That the guillotine would have been put
n motion to do its work of blood and
cath, but for the Providential interposi-
ion which brought confusion into the
ounciS of the Mongrels, no room is left |
or doubt, after the declarations of its chief
uthor in his speeches since the adjourn
lent of the Legislature.
The people whose lives and liberties
re imperilled by the measure, have now
ne opportunity afforded them of arrest
lg it. Thus far, mercifully, they have
cen spared the evil. If they fail to do
heir duty-to wake up to the terrible i'm
ort of the scheme-they will have them
elves to blame.
We cannot better close this urgent ap-
cal than by reproducing. the following
ivid portrayal of the scheme, by one of
he acutest intellects and ablest jrIrists of
he State:
The bill is but conspiracy against the Hues,
berry and property Of he people, and soithostt
Grd1at ia ii Constellation. And l do not
link 1 go too far when assert, that if pass
into the form of a law, Lot only those
no attempt to execute it. but those schO un-
aided in its enactment, will be
ot only civilly, but criminally responsible
II all the consequences arising from its en-
rcement. A member of the Legislature,
hen he acts outside of the Constitution
5 warrant of attorney-loses his official
aracter, and the protection it affords him.
e is then a trespGsseT, kidndpPer, rO6ter, a
rrieTer. II he c0RspireS and aids, through an j.
tchich is not lac, TO arrest. carry dscay aud
miue of his life or property, any citizen Of the J
ate"