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

. 0ltASt'Le Tor the IulHltment OF thIS pro
mise If, then. the laws be not impair
italy enforced if the public peace be
not preserved; if life, liberty, and prop
erty be not protected if disorder and
violence, and riot and bloodshed, and
murder and assassination prevaiI-if all
or any OF these stupendous evils exist,
then the party in power must be held re.
sponsIble for them.
The circumstances under which YOU
have come together 10 discharge your du-
ties, are peculiar, and impose upon YOU a
grave responsibility. Since the last term
OF this court, extraordinary events have
marked the history of the county of KEN
per. The assassination Of one citizen
was followed by the death, by violence,
OF several others. The laws were set at
naught, the public officers resisted and
detied, the Jail broken into and six per-
sons shot to death,-some of these per
sons being at the time In the custody of
the officers of the law, under accusations
of crime, and the others not being even
suspected Of any offence. All these acts,
except that of assassination, were done
openly, and the actors must be known.
These things We're widely published in
the newspapers of the country, and made
the subject of acrimonious controversy
ar3 Ai->--1-io.- ~e4e side attempting to
show that the homicides were excusa1lr,
and the other seeking to make the i'm
preston that they were prompted by POI
litical hatred. With the opinions Of the
newspapers, however, we, as persons
charged with public duties, have no con
Germ; on the one hand, they can relieve
us from no obligation; on the other, they
can impose upon us no duty. For the
rule of our duty, and for the extent of
our authority, we must look to the Con
stitution and laws Of the State, as they
have been ordained and enacted, in the
appointed ways-through constitutional
conventions and legislative bodies. We
are not permitted to refer TO that mystic
rions, indefinite, underlined and undefin-
able thing called the higher law, "a
law which finds no place, either in the
code Of any civilized State, or in the creed
Of any good citizen.
The Constitution provides that no per
son shall be deprived of life, liberty, or
property, except by due process of law ;
1t also provides, that the right OF trial
by jury shall remain inviolate and ii
further provides, that, in all criminal
prosecutions, the accused shall have a
right to be heard by himself, or counsel
or both; to demand the nature and cause
Of the accusation to be confronted by
the witnesses against him ard to have
compulsory process for obtaining wit
nesses in favor; and that in all prosecu
tions by Indictment or information, he
shall have a speedy and public trial, 10y
an impartial jury of the county where
the offence was committed and that he
shall not be compelled to give evidence
against himself.
These great and essential rights of the
citizen were not left by the trainers OF
the Constitution to be secured by legis
lative enactments. They were placed
in the Bill of Rights-in very front OF
the Constitution. The Legislature car
not take them away. They are fixed il
the serene armament of the Constitution
high above the reach of legislative ca
price and popular frenzy.
Has any person in the county of Ken
per been denied these great and essentia
rights? Has any person been deprived o
indictment by Grand jury, and fair
and impartial trial by petit jury? And
if yea, who has presumed to set at naugh
these great, cardinal provisions OF the
Constitution, designed for the protection
of every person? These are inquiries fol
vou TO make-these are questions for you
to answer. And it behooves you to adj
dress yourselves diligently and earnestly
to these inquiries. You owe it to tn,
county Of Kemper, whose good name has
been seriously compromised, by the acts
of blood and death, Of which it has been
the theater, and by the oft repeated as
sertion, that the whole people of the
county approve those acts ; you owe /
the State, the majesty of whose laws ha:
been contemned and set at naught, and
the authority of whose officers has beer
resisted and defied; you owe it to the
humane, the just, and the good, every
where particularly in your own State
to whose opinion you cannot be indffer
ent. There is yet another tribunal o
which you should not be unmindful
That tribunal is posterity-the men wht
will succeed you. When the mists 0
prejudice which pervert the judgment o
the actors in the scenes passing before u
| shall vanish when these scenes shall b,
| Invested of the adventurous importanc
impaired to them by transient excite
ment, and be viewed in their true char
acter; when you, who are now required
to sit in judgment upon the acts OF 9th
ers, and they whose acts are to become
the subject of your inquiries, shall alik
Tepose in the silence Of the grave-thel
will come the faithful historian, who vii
record the proceedings of this day; theI
will come just posterity who will revieN
your decision. And | trust that the
your action may be noted in terms 0
commentator, and that this day ma
| be remembered in the history of the
| State, as honorable to her character 70
calm, dignfed and impartial justice
There are still higher consideration
which must cOnstrain you to a faithful
performance of your duties. You ar
ministers, sworn ministers ofjustice. YO
have taken solemn oath, and you hav
called the great Searcher of Hearts t
to witness, that you will present no pei
son, through malice, hatred, or il
will, and that you will leave no perso
unpresented, through fear, favor, or a
fiction, or for any reward, or hope o
promise of reward, but that in all you
presentments, you will present the truth
the whole truth, and nothing but tn
truth. We stand in the presence cf tia
Awful Being, whose all seeing eye view
with especial concern the temple
dedicated to justice and religion. In
little while we shall appear at the bar {
our Final Judge, where the secrets of a
hearts shall be made known, and whel
every human being shall account for h
deeds done in the body. To our Fin'
Judge, at that supreme hour, may we a
be able to appeal for the purity of OF
motives and the rectitude of our conduc
aud may our appeal not be answered b
the blood of innocence, or by the mu
L g =, i I1r tho IN