The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-10-26

pretense of a comparison between the
expenditures under citizens rule and
Radical administration, to the discredit
of the former-absurd as We have shown
it To be-but the claim which has been set
up for honesty and conscientious discharge
of public duty on the part of the Radical
officials. The following reprimand which
he addressed TO the Senate for not pro-
ceeeding to have the Superintendent OF
Public Instruction, H. Il. Pease, tried on
articles of impeachment for criminal
conduct" in the way of mercantile OPP
erations" at the expense of the tax-pay-
ers, is sufficient answer to that portion
of his letter:
| Protest OF Attorney General
| Norris
| AIToENEY GENERALS OFFICE,
l JACKSON, Miss, May 5. lS7l.S
Hon. JoHN WATTS, senator from Jasper
County:
SIR: In behalf OF the Constitution of this
State. which members OF the Legislature
and all other officers of the state are sworn
| TO support; in behalf of public and private
justice; and In behalf Of the dignity aud
character OF the State itself, venture, with
| great respect. 20 offer this my earnest pro-
| test against the Senate proceeding, as Is pro-
posed. by a resolution introduced by you
| and carried. to make preliminary investl-
gatioa OF charges or suspicious of criminal
| misconduct on the part OF Hon. III. X. Pease
State superintendent of Education. Sach
| an investigation will. if attempted, be a
| most mischievous repetition OF the folly
which was attempted on the occasions OF the
Yerger escape. the Meridian riots. etc.
The Constitution, Article III. divides the
powers of the government of this State into
three distinct Departments. confines each To
! a separate magistracy. and forbids that any
| person or collection of persons, being of one
of these Departments, shall exercise any
power properly belonging to either of the
o hers.
The Senate, belonging To the legislative
Department, is requested by the person ac-
cused or suspected of crime, to undertake
| the purely judicial power and functions of
examining witnesses and other testimony.
applying the law, and determining the cues
| ton of his guilt or innocence. To do this,
even if iG were possible for the Senate TO
| bring befOr it, or before its committee, any
OF the witnesses or documentary proofs,
would be clear and flagrant violation OF
the constitutional provisions to which /
have referred.
1t may be said that Congress sometimes
authorizes its committees TO send for. aud
1 cOnDcl the Oh pcFSOfS anu the
| production of papers. l reply that it is not
within my knowledge that such action was
ever had by Congress except upon the joint
resolution of both Houses. approved by the
President, or passed over his veto. And
| BESIDES there is not In the Constitution of
the United States any such provision for
the division, separation and Limitation of
TIE powers of the co-ordinaUe departments
of the Federal government, as that above
! quoted from our State Constitution.
hfai Of
Senate or of any committee it can appoint,
| to obtain the attendance of a single witness,
! or the production OF one word OF testim ony.
! Witnesses summoned by such authority will
| not only be free to stay away, but il will be
their bounden duty, under the Constitution,
| to do so; because, were they to attend, they
would be at least in some degree partici
pants in this legislative usurpation of judi
| cial power. And if for holding i'm contempt
| a Jurisdiction thus usurped, it should be at
tempted to imprison witness. there is
| probably not Judge in the State who
would not instantly discharge such wit
ness on habeas corpus.
But these constitutional considerations
| grave and of commanding consequence As
| they are, sink into comparative insigniti-
canoe in the presence of another considera-
| ton which will now mention.
By the Constitution. Article ". sec6iOn
| "a. 1.-THE House of Representatives shall have
/ the sole power OF impeachment'-tha is of
| presenting aud prosecuting articles of inI-
peachment-and ''all impeachmeuts shall
! be tried by the Senate" Can it be desired
| that the Senate. which may have This duty TO
| perform, shall first commit Itself, by form
| ing and expressing an opinion in advance
| of the trial? We all know that it has been
| too common a thing in the history OF the
/ world for Senates and similar bodies when
| sitting AS courts for trial of impeachments,
| to be influenced by intrinsic and improper
considerations.
| Will YOU add to those corrupting infiu-
ences in the possible case of impeachment
now before you, by cutting of. in the very
outset. all possibility of fair and impair
/ tial trial? If so. then repeal your laws
which have withstood the revolutions of five
hundred wears in England aud America,
and which forbid that grand Juror, who
| has participated in finding an indictment,
! shall afterwards sit on the petit jury that is
| to try that Indictment; or, that petit
Juror, who has sat in the mistria of any
| case civil or criminal. shall sit on any sub
| seauent trial of the same case. But until
| you shall have defaced and obliterated every
| land mark of the ancient laws and liberties
of the American people, | shall protest
against the melancholy farce of the Senate,
| OF any part of that honorable body, being
converted into a magistrates court for the
preliminary trial or investigation of Grim
| inal charges or criminal suspicious"
| Allow me to suggest that If the Honora-
able Superintendent, in his present spirit of
Drayado aud defiance, or in a spirit OF lib
eraI and innocent curiosity to see how much
| il really known of his mercantile transac-
lions in the Superintendent's office, desires
a legal and valid investigation. and not
merely to have his conduct puttied up and
painted over by ridiculous and unconsti-
tutional sham trial, he might, possibly,
have obtained IL by Invoking the House OF
Representatives TO appoint committee 10
consider and report upon the propriety OF
| putting him on trial upon articles of inn
parchment. But even while making this
! suggestion L would respectfully submit
that the time and mode for com mencIng
this prosecution, if prosecution it shall be,
is not under our Constitution or laws TO be
dictated or advised by the defendant. much
less By a committee of the Senate, appoint
ed at his instance.
effect of any preliminary examination and
decision upon Mr.. Pease's real or alleged
malfeasance in office will be 10 render it le-
gaIly impossible for this Senate, or any
/ member of il who shall have committed
him SELF either way, upon the question oil
his guilt or innocence 10 ever sit in CO1rl
of Impeachment upon the final trial of any
articles which the House of Representatives
may have occasion to present at the Bar o.
the Senate f1r the same causes. And thu'
this officer Will be virtually exempt from i'm
| peachment for any of the causes now 70 D'
considered until a new Senate shall De cleo
| ted: and in the meantime mis- own tern
of Office will have expired.
Without in the slightest degree fmpugn
ing either the integrity or wisdom OF the
senate, or any OF Its members, but bellev
ing the action taken was rather theresult o
| a sudden and instructive desire that TN
much needed investigation should De mad
; and without rejecting upon the constltu
tional and legal aspects of the case, 1 hav
, felt at liberty, as the chief law officer of tn
! state. co submit these objections 70 the pro
ceedings contem plated Dy the Senate upol
, the present attitude Of this impOrtont sub
; ject.
Respectfully.
Your obedient servant,