The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-10-16

Judge Fishers Timely WersAing
a. rIse People.
From tie Pamela star.

From the Panels Star.
/ Governor A Icorn concluding hi speech,
/ Judge ri he. who was at tie hotel, Ha>
called FIR by Gro ID and sIOn appearing
/ tated that, holding a judicial POSITION. il
was nor IN accordance " it'll his views 81
/ nroprietv 10 mngle in the political discus
sinn- OF tie day. The crowd then called for
his views upon the bond question, when he
+ spoke substantially As follows,
The question a. To the validity Of the
Union and Planters Bank Bonds was elabo-
rat4iy argued and decided twenty years ago
against tie State by the High Court OF
which he then was q mem Der.
Assuming that the Sfafe VIII be again
-ued upon tie JuiOn aud Planters Bank
Bonds. and that the asnuunt- OF tie tive
judgments ii recovered vii b., IA asserted.
thirty millions Of dollar, the question MAY
RE up before the court, whether tlti+ is
strictly q Judgment only against the state,
and can only be paid by an appropriation to
b. made By the Legislature, or whether IL ia.
By operation Of law. n Judgment against ali
The people Of the State and can be enforced
III the u-uai way By executions issued upon
he judgments and levied like any othei
Il. cutions upon the property Of the people.
II tails last position be the IL 81 the land.
you ought to know il ~ soon IA possible, for
ven la good times it will require property
y nen forced ali at once upon the market.
worth two hundred millions of of dollars. 70
produce thirty millions OF dollars at siItriffS
ale. besides iG would be very iaz4idoaS for
our own people 10 purchase property al
5 iciI sales as IL would be lmediareiy liable
- a new levy aud sale until rhe judgments
mould he satisfied. Ii the owner We're To
pug his property at the sale, il would still be
liable to be sold again. his liability
would continue until the Judgments were
visited. II then it is the law that a jadg
snent against the State upon these bones. |
will be- BY operation OF law a Judgment
against the people of the state, the incyita-
Die const quence will tie that the best pnr-
lions OF the state Will be sold and ptlrchas
ID by the bondholderS, the rich valley Of the |
Mississippi and its tributaries will fail into |
he hands of Hope & Co. and OF the English |
ifnlders of the Planters Bank Bonds Hops
4 Co., owning the country will OF course |
,ettle il up with colonies from their own |
country or more likely from Germany /
rms will not only force the white pcol l. |
from the country-but force the coloreu /
people also To leave aud may result In diIY- |
ug them to south AmeTica-where the |
great aud good Lincoln wanted To colouiz |
neIu. Tins question can but make rs 1eeI /
sad when we come TO deal with ir. Only /
mink of whole people, white and coIorrO |
pting stripped in = day SOME dty appnIni- !
Dy law tor sherIti@s sale OF all they hav, !
md driven from their homes into torelgI !
audS. Why il wOHd be in IL fleets like |
tue last ~cOur2e inficttd upon the E,gI b. /
= ith death the first born OF the lai d--carrS- /
ny woe and dtsolativn into every household |
Whether this doctTiue viii ever be decided /
y tie proper court To he the law uf tHi> |
state. | am not prepared 10 say. 1ou must /
CONSULT others what the law on this SUI ieci !
5, and ii Is not even necessary To 90 lar ["
ind the book. Look at the case of Horner |
v. COf1ey, 3 Cushman page 43l, and you
will tint JnaJ tine IIgh Court more than
swe0ty years ago decidrd That a judgmen.
against Il munIclp pal corporation or against /
/ county was not a judgment against tli,
people OF the corporation or the county
VI Y opinion then was that the Judgment IN
u legal fl cts was limited to tue corpora |
ION or county III its corporate capacity, aut |
Tat the judgment could OnIy be satisfied bt !
. axAIion or out Ot corporate OF county iunus
But uu coming TO this view OIL tine law, tin
dIgn Court hau 10 override or di>regaro
ohe whole cu rent OF decisions of the New
Eng land Courts, and they were decision
ri made by either ignorant or coTrup !
Judges, but by as enlightened, pur. ami up |
right men as ever auoTned an America |
ooLrt, and not only that, UuL their ruin,
we're approved by one oI The first Jurlst
.nd Statesmen UI the age--the great Dame
Vcb, E-I--atd quoted by hun as HppiicaUl |
q these very bonus. Hi, theory wa, wleI
lie state authorized d suit against her, ali
mt people of the state were, 0y operation,
II law, parties at the suit, ana that xecu-
zion upon the Judgment could be levied |
tpOn private property. GenLlemen this j. |
- definite a. | intend 10 be upon the bono
uuesIi ion, for IS | stated at the outset, | Il, |
II To intimate ANY d1 finite Opinions Il. I, !
questions of law. Having PINNED you !,
nc books where the law been decideu, |
, on must satisfy yourselves and act upoi
ither your owl Judgment or the Judgments
II others as 10 Tue law
You will fluid the whole doctrine discussed
IN the case III B-ardely vs.. Smith. ia l6 Con- |
1ectIcut Reports, and this case reviewed |
ana its doctrines OYerruled in The ease q |
II. rner vs.. Coffey, Ia Cushmau, ADJ. Butl
decisions are worth only what the judtcia
easons of the respective courts are worth.
ii may be that another Court In this State
viii hold that the reasoning OF the court II
ane Connecticut case Is convincing ant /
ought Ia tie ioii,Wtd the true exposition |
.; common law. met the question NOR,
chan twenty years ago iaIriY and luily ana
decided ia accordance with my judgment |
a the tiuIc. But IN any VirW &c j. u aue>-
not 10 ue lriIled with. Ii mas how n sun |
4ling reality which must b. met aud argue !
calmly aud tested by the lights of reasuii
aud THE great rules OF the common law. |
The first Question to la settled will bt !
the State being great corporation.
the same rules will apply To civil corpora
tIons or to counties When Tie law author |
,zes them to be sued, aud the second q3rs
ton wall toe 10 ascertain What are Jhcs, |
ruIeS u der the priuciple, OF the common
law. have already pointed you to the I've
cases, holding different doctrines on thIs
subject. You Will see that the learned |
courts of New England are diametrically |
oDpuSed 10 the courts of AiissisSiut,i.