The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1877-10-24


TINS respect must De inviolably observed.
4 violation Of it, would subject the i'm
prudent juror to severe punishment.
I You have free access. At all proper
times, to all the books, records. accounts
and papers, appertaining to the affairs Of
+ the county, for any examination which
you may see tit to make; and YOU may
make report TO the Court in relation
/ thereto.
1t is the duty of the grand jury, as a
body, to make a personal inspection of
the county Jail, its condition, sufIiciencv
for the safe keeping Of prisoners, and
+ their accommodation and health, and TO
nuke report upon the subject to the
! Court.
| 1t is the duty Of the Foreman to pre-.
side over the deliberations Of the Grand
Jury, to see that perfect order and deco,
rum are observed, and that the proceed
lngs of the body arr conducted with that
! method and system which are necessary
to the dispatch of business.
The Foreman has the power 10 swear
witnesses who may appear before the
Grand Jury; and the law requires him
to return list of the witnesses, certified
and signed by him.
Every wise government must, among
other important objects. secure these two:
lSt The anaotuneuL OF proper laws 70. tI.>
preservation of the peace of society, and
for the protection of the lives, the liberty
and the property of individuals who com
pose society and, 2nd. The prompt,
faithful and impartial enforcement of the
laws. The enactment. the execution and
the enforcement of the laws are the mos
important functions Of government and
IN free government these functions
must be separated and each confded to a
distinct body of magstracy. Oar gov
eminent is accordingly divided into three
departments, the legislative, the execu-
tive and the judicial. The legislative
department enacts the laws, the judicial
department construes and eniorces them
while it is the duty Of the executive de-
partment to see that the laws are faith
fully executed.
The legislative department being com
posed Of members chosen by the people
to reflect their views and express their
opinions upon questions of policy and ex-
pediency, the people themselves are real
ly the lawmakers, and the law is but
their embodied and written will, ascer-
tanned and expressed in the appointed
| form.
The law then emanates from the PEG
| Pile; the object of the law is to preserve
the peace of society and to protect the
| rights of the individuals who compose it :;
and the necessity for law is found in the
| Discrimination of men to act Justly unless
constrained thus to act by some superior
authority which they cannot successfully
or safely resist.
The law reaches the person and the
! hearthstOne of the citizen it affects him
IN all the relations of life, the nearest as
we'll as the most remote, the greatest as
we'll as the most minute. 1t prescribes
the conditions upon which the great rights
of life, liberty and property may be en-
joyed, and enumerates the particular in
stances il which they may be either
partially abridged or wholly taken
| away.
Law is divided into two great depart
ments, civil and criminal. The former
treats of men to each other; the latter of
their relation to the State, and to one
another in those things which concern
the State. Crime consists in the trans
erosion of law Whatever the law com
| illduuS Is " DC pei HIGu WHATEVER II
forbds is to be avoided
In free government the power to in
terpret, execute and enforce the laws
must be co-extensive with the power to
enact them-the judicial power must be
co-extensive with the power Legislation.
The proper office Of the judicial power is
to enforce the laws, to administer justice,
to determine controversies occurring be-
tween citizen and citizen, and criminal
prosecutions-not by violence and force,
| but by stable, sedate and regular course
of judicial procedure. Among other
officers and agents appointed for this
purpose, are judges and jurors. Judges
represent the Constitution and laws ;
Judges and jurors represent public JUS
| tice as organized through the Constitu-
ton and laws. Judges and jurors, then,
derive all their authority from the Con-
stitution and laws. They can DO nothing
which the Constitution and laws do not
authorize them to do; and they dare not
if they regard their oaths omit to do
those things which the Constitution and
laws command them to do.
The State requires from every citizen
strict obedience to her laws. And this
| Il
pie institute the government. The pO-
iitical and legislative powers rest in their
hands Through their representatives
they ordain the Constitution and enact
the laws. They all alike enjoy the priv
leges the government confers, as we'll as
the blessings it bestows. All, therefore,
ought to yield ready obedience to It's au-
thority, prompt submission to the laws
devised by the associated wisdom of all
for the protection of the rights of all.
The law is no respecter of persons
Before the law all are equal. No man is
so high as to be above the power Of the
law no man is so humble as to be be
meath its protection. All are alike com
pelled to submit to its authority or suffer
its penalties. All, from the greatest to
the least, from the most exalted TO the
most lowly, from the Chief Magistrate OF
the nation 10 the humblest citizen in the
Republic, all, are alike constrained tc
bend to the majesty of the law. The
law, the will of the people collected
and promulgated according to the cOnsti
tutional requirements, is the only power
which can rigl fully claim supremacy IL
this free country. Here, all men walk
with equal assurance and stand Will
equal right in the temple of justice.
The full and impartial administration
of justice is a matter of the first concern
in free government. 1t is inseparabI'
from civil liberty and social order. l
the holy sanctuaries of the courts are t
be invaded by the rancor of party feel
ing; if the pure ermine of justice is t
be polluted by the venom of politica
virulence, then we may indeed boast tina
we live in land of freedom, but oul
boast will be idle and delusive.
One of the charges made against tn
, party lately in power in this State was