The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1879-09-03

OF the mutual and reciprocal defence Of such
stand in the relation OF husband and wife,
parent and child, master and servant
In these cases, II the party himself, or any OF
these, his relations, be forciblv attacked IN his
person or property, II Is lawful Tor him 10 repel
force by force, and the breach OF the peace
which happens Is chargedble on him only who
began the ahray for the law in this re-
spects the passions OF the human mind and
makes il lawful in him u do himself that IInme-
diate justice. to which lac is prompted by nature
and which prudential motives are strong
enough To restrain. II considers that the future
remedy for such injuries. Reception repri-
sal of personal property unlawfuly taken is
another species OF remedy by the mare act q
tie prrtV itjtred
\ remedy Of the same kind i given bv entry
lands ana tentments when another person
without any right has taken possession OF
them.
A fourth species of remedy BY the mere
act of the party injured, is the abatement
or Fsmycaf Of Hutsd1tces. Whatever annoys or
does damage 10 another Is a nuisance, and such
nuisance may be atated; that Is. taken away
or removed by the party agErieved thereby, 50
he commits no riot in doing it-3d Blackstone 5
Com, 2, 4, ,. Nuisances are Of two kinds pub
lie or common nuisances, which affect the public
and annoy all, and private nuisances which an
uoy individuals IN their persons or property
81 Blackstoue's Com, 2lj.
Common 1tutsaHceS are species Of offence
against the pllbttc Drder and economical regimen
OF the State, being the doing of a thing 70 the
annoyance Of all the kings subjects, or neglect
ing 10 do anything which the common good re-
quircs-such announcement and troublesome Of
fences as annoy the whole community in general,
and not merely some particular person--4th
Blackstoue.s Com, To-. Lord Mansfield has
said that If the act complained OF renders the
enjoyment oil life and property uncomfortable,
II life j. made uncomfortable by the dppreJi-
zion II duHger therefrom, il has been held to be
a nuisance, a olsfeHealtOr.-Ibid 3, 2l7, note 3.
=
act in the collecting together Of persons is the
disturbance Of the Hcigtb0rho0d it is nuisance
and an indictabe offtnce.-Rex v Moor 23d
Com. Law S..
These common law authorities and statutory
provisions selected alike from our own Consttu-
ton and Code of 1s7l-the common and statute
laws Of England whence our whole system of
law Is derived, and especially those of Sher-
if-fully describe and comprehend the several
offences committed by Dixon and his cOnfreres
in the canvass, daily and hourly and constantly
violating the plain letter of our State election
laws and other provisions OF the criminal code, and
creating constant apprehension of breaches Of
the peace between individuals and larger bodies
OF men wherever and whenever assembled; thus
rendering life, liberty and property, all inse-
cure and their protection by the slow and ordi-
nary process of Indictment and prosecution
by grand juries assembled only twice a year
and by courts held semi-annually, wholly mad
equate TO meet and avoid and Gbate the nuisance
and prevent the breach of the peace.
The lawful remedy for the emergency was by
the act OF the parties aggrieved as shown by the
preceding authorities. This Is precisely what
the people of Yazoo did. They assembled
peaceably, and sent a messenger to Dixon re-
questing him to quit or abandon his canvass
for sheriff. He at first refused to do this, but
upon the second sober thought he consented to
abandon the canvass on condition of protection
to himself and family and friend, which was
granted him The terms he made was con-
fcsson of the guilt of making the race issue.
There the matter ended, and AZ we have already
seen, by law OF this and other counties, ended
lawfully and peacefully.
The mode of Dixons canvass as we have seen
endangered alike husband and wife, parent
and child, master and servant, colored and white;
and the peril was iminent as to require imme-
diate prevention. 1t was not an individual or
isolated peril, but peril to the whole cOmmu-
nifty, and a private suit or suits by individuals,
would not reach the evil avoid the danger
The Dixonites were conducting themselves
as to be constant rioters, alike by their numbers
and their unlawful practices, and so rendered
their leaders responsible for the danger created
to the community, and liable to arrest by any
and all good citizens in such numbers TO
make the arrest etfectual. Objection is made
that the numbers of the assembly were dispro
potiOned to the offence and the offenders. The
colored men, majority in the county, were at
the back of Dixon, and it probable they
would come to his rescue with arms and fight
the battles Of 1879.
For less offences than those of Dixon emu
merated by the Gazoo Convention and which
remains undisputed, men are daily expelled
from society and from all good communities in
the United States and other civilized coun tries
Not long since a band of Express robbers were
hung in Indiana. Ctergymen dishOnOring their
calling during the past few years, North and
South have like Dixon, been requested to step
down and out OF their pulpits.
Some years ago, when Gen. SicSles in
Congress from New York City, for an alleged
indignity offered his family by Il distinguished
and popular gentlemen, the son of the author
of our National song, the Star Spangled
Banner, he slew the offender publicly in the
streets of Washington, and this act was judici
ally declared a igicfW remedy.
About the years 1915, the State OF Maine
had "A representative man of the old Puritan and
Pilgrim stock in Nickshurg, MissiSSippi at that
time infested by gamblers from all parts of the
Mississippi Valley, and who were attempting To
"a run Nlcksburg themselves and their allies,
a. lately in Nazoo county. The citizens proper
OF Nicksburg selected the man of Maine as
in twenty-four hours by Shrewsbury clock, and
on their failure to leave, arrested them, carried
them quietly to some trees in the suburbs of the
city, and there gently suspended them by the
neck, the old common law punishment of stts.
per. col.
Who think you this man of Maine ?
" sailor boy, " born of the ocean crests of Port
land beach, with courage to "stand on
burning deck the great lawyer, orator and
statesman, SARGENT :. PRENTISS, of Maine.
In the year 1871 the city government of New
York, under that bold, able and wicked man,
VIM. NJ. Tweed, and his co-cOnSpirators in de-
spelling the public revenues and Dlundering
the Treasury of the city of New York, had be-
come So corrupt and monstrous, and withal so
artful in defeating investigation and cOncealing
their frauds by their several officers, then in
power, as to set at defiance all the public au-
thorities, and defeat and deny remedy by the
ordinary course of the law.
\ meeting of the principal citizens of New
\ ork was held, with Charles O'Connor and Mr..
Il.
was appointed and given unlimited powers over
the alleged criminals. The result is known.
O'Connor and Filden pursued the Mississippi
Plan Many OF the criminals fled the country,
others were taken, and this wicked conspiracy
against the public of New York was broken up
by that unlawful mob of bulldozers," Charles
O'Connor, Gov Tilden etc.
The New York Herald, Tribune, Times,
g Ronald Donald and ALL sustained this extra
judicial remedy and gave the Committee of fifty
citizens substantial aid and comfort
Tweed, like Dixon, was a corrupter of the
elective franchise, and relied greatly the
purchassble vote of the city to sustain him and
his partisans-spendingl large sums of his stolen
money on this class of voters, and used them
also as bulldOzers at the polls. The New York
Press sustained the committee of fifty and their
hackers numbered by the thousands, and when
the battle with the New York outlaws was won
Tilden, made Governor of the State, and Mr.
O'Connor offered a nomination for the Presi-
dency of the United States, which he declined,
his fame more complete with his ertra-
judicial triumph over the Tweed conspiracy.
Turning now from individuals to the action
of the people of a whole State-in the early his
tory Of California who formed their State gov
eminent and elected United States Senators and
without the permission sup
port of Congress for that purpose communi-
ty of gold miners thrust into that auriferous re-
giOn from all parts of the earth, and all classes
of society as by the power of a tempest-with
out schools without churches, without God in
the land-their government fell into the hands
of money-changers, gamblers and other classes
OF corrupt men-who perverted the offices
and powers of free government to corrupt
purposes, instead of the public good, so
that life liberty and property were no longer
considered safe in their hands. The people of
California, Yazoo-like, rose nSdSS, organized
an army, seized and confined all the officers of
the State government, declared martial law,
held and exercised all the functions of the State
Government for two years, punished and ex-
PEELED all the criminals installed new and good
men in office, wrested the State Government
from the hands of immoral and corrupt men