The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1877-06-13

all the duties i'm posed on him by law. ha
not seen proper 20 give to kemper county
more than tie number of courts preScrIhet
by law Who shall say that be has done
wrong! He is man o. ability and tntegri-
| cy. But, IL he has done WrOng.sis the fall
| bility of human judge a proper cause foi
bringing into discredit the people over
| whom he rules
It cannot b. known what will he the
action of the court and grand jury when
| they shall meet aud consider the case.
| Ii they shall fail to indicr ana punish it will
| not be the first time in American history
when it las been found im possible by trial
! before jury Of the yieinage-the neighoors
| aud acquaintance of the the accuse'-
| punish crimes. with the perpetrators oil
/ which large numbers of the community
| sympathize; and especially crimes, like the
one in question, which are but the irregular
| aud violent attempts of the community 10
| protect itself by the punishment of other
| crimes which have become intolerable. 1t
| is one of the Inconvenience OF free govern
ment and OF the trial by jury that such Of
| fences can rarely be punished.
Ii is complained moreover. that Gov.
| Stone has been derelict in duty in this mat
ter Exactly what that dereliction of duty
is, have not seen sp1cifi ed. It is not al
legged. | believe that he sympathizes with
iawfessness aud is unwilling to see crime
punished. For it is well known that line
diately on the oceurr tnce OF the affair
he went in person to kemper county to
and that he urged the calling of special
term of the court to try the offenders
Gov. Stone is not all autocrat with no law
to bind him but his own will He is the
chief magistrate OF a free com monwealth,
with powers aud duties defined aud limited
by its constitution aud laws. He has no
power aud is charged with no duties
governor except such as are prescribed in
the constitution and laws.
In our zeal to punish crime we must not
rI,a f.1I tK-hi IfAAS
the criminalty OF the persons we are pursu-
ing VIZ: An attempt to punish alleged
crime in a mode and by means and instru
mentalities not recognized by law. Ii we
do this we justify the very act which we
seek to condemn and punish.
Under the constitution and laws OF this
State Gov. Stone has no power 10 arrest any
person charged with crime; nor has he the
power to command such an arrest, In the
sense that it would be a criminal or punish
able act to disobey such command.
He cannot try an alleged offender, because
that is judicial duty, and imposed by the
constitution and laws on the courts, and
prohibited to the Governor.
He cannot command grand jury to in
dict, nor a court to try. after indictment.
He has not the power to remove or sus-
pend single officer. ministerial or Judicial 4,
charged by law with the duty of arresting.
prosecuting, and trying an alleged crimin-
al. He cannot nominate grand jury To in
=
control over the persons, or the processes,
by which these bodies are selected. He has
40 power to change, or order change OF
the venue for the indictment ana trial of
these parties; for, under our laws, offences
can be prosecuted and tried only in the
county in which they are committed, unless
the accused shall make application for
change of venue.
Gle can use the power of the State to put
down resistance to the law, or the execution
- htlt no q hNr IL N ~
sistance and the com plant is merely negli-
gence or inattenti0h to duty, he Is power
less. In this respect his powers are wholly
different from those OF the President of the
United States, who, through his right TO APP
point to, and remove from, office. has abSo-
Iutely sway over the prosecution of often
ders.
That Gov. Stone has not greater powers,
is not the fault OF the white people of Mis-
sissippi. His powers are derived from. and
limited by constitution and code OF laws
which were framed and adopted by the Re
publican party, and forced on the people of
the State contrary to their will.
| have above given you some reflections
as to the condition of things here We
have had, as you know. our troubles and di f.
iiculties in re-establishing order and good
government. If our people were given a
fair chance and reasonable time and oppOr--
tunity for getting rid OF these troubles and
difficulties it would be better for the coun-
breaks and disorders here in partisan spir-
it. with view of making ont of them an
advantage for the one party or the other,
does no good, but harm. u produces inCis-
crimiuate censure on the one side, and that
leads to indiscriminate defence and apology
on the other.
Besides, it should be remem ber red that
Mississippi and the other Southern states
have been reinstated to their original places
in the American Union. By the constitu-
llx fhntv fha 10 of tlar
States IN rights aud p wers. They no
longer under the pupilago of the Union, no
longer held in the grasp of war; as Mr..
Hoar expires sed it Without IA reversal or
overtho N of the principles hitherto deem ed
fundamental in American craftsmanship,
neither the federal government nor til"
other States can Interfere in the interns
an domestic administration of any of the
States. The State government in Mssissip
pi like the State governments in the North.
is responsible to the people which created
it for tie manner in which it shall discharge
il trusts.
The attempt has been made, and | believe
it has been successful, to represent the kill
ing of ChisOlm and Gilmer as political per-
secutiOn that they were slain because they
were Republicans-and from that the
moral is ATTEMPTED to lie drawn that
the white people OF Mississippi are so in
tolerant that they will not allow honest
differences of opinion In relation to pol.
lllCS- J. 40 not lSllSVe tilitJ IOlIIlcS nau
anything more to do with that affair than
this: that the feud which eliminated in
the assassination of Mr.. Gully and the sub
sequent Staying of Gilmer and Chisolm,
having originated in a quarrel about a pri-
vate business affair, may have become in
tensified by subsequent political contests
The duel between Mr.. Clay and Mr. Ran
dolph, though originating in personal
quarrel about ,tical diAerenoeS, has never
been considered as eViuenDBg a disposition
Oh the part of either of the these eminent
men to slay the other on account of his par
ty association.
To say that these men were killed because
they Wpre EepEblicaQs, and that it i. un-
safe for man to proclaim himselfa Repub-
lican In Mississippi, Is gross error. The
aspect in which the Republican party has
hitherto shown itself in Mississippi, it is
true, has not been such as to commend it
to the whites, or to any intelligent friend
of good government; but still feel free to
assert that the opposition eugendered by its
mistakes and crimeS las never reached that
point where it would be unsafe for a man
TO aVow himself Republican in any part
of the State. If there be any of that party
who are seeking the honoTs of political
martyrdom, thefe Is no place in which they
are less likely to be gratified than in the
much maligned State of Mississippi.
Very truly, your friend,
J. Il. GEORGE.