The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-04-16

n fhnse dnss 81 mach learning Y =
.lr,o.t impossible for Legislature 70 !
snact ! law o. any subject without being
charped with having violated some one ,
Il he many provisions Of the State Or
Federal Constitution. II has come 70
ri. that on the merest pretext and on
the slightest prorocation You can hear
the grave question Of constitutional
limitations on legislative power discussed
in the most fiippant manner by persons
who have never read the Constitution,
and could not, if their lives depended
on 1t. tell offhand. of single one OF its
provisions, unless, perhaps they were
repeating, parrot like, what they had
lust heard some one else say.
It has been found necessary, ere now,
for courts 20 tell lawyers of some rePu-
tation for learning in their profession,
that where relief is sought or a defense
offered which has its merit in the un-
constitutionality of law, the particular
provision of the Constitution which has
been violated must be pointed out.
However it may do on the street cor
ners. it will not avail anything in the
courts to say that law is unconstltu-
tional on general principles.
| On Sunday night, 9th, in the city OF
Memphis, the Rev. Mr. Long, sensa-
tional preacher, of some parts, it is true
inyeighed against what he called the
Sunday statute in the State of Tennes
see and he hesitated not to say that 1t
was contrary not only to the Constltu,
tion of the State of Tennessee and OF
the United States, but to the Declaration
of Independence alsol The Rev. MI
Long undertook to comply with the rule
established by the courts that you mus
be able to put your finger on the pre-
else provision of the Constitution t.
which the law assailed is obnoxious, ant
= he pointed out many such provisions
. The Constitution of Tennessee and o
the United States, too, fairly teemed wit
| them; out MS Icd1 SaiAASo HA ~ -
!, his Judgment, and in the enthusiasm
of the moment he forsook the afor'
: said Constitution and stopped over,
90 to speak, to the Declaration {
Independence. The thanks of the pul
:, lie are due the Rev. Long for this d
version. Those of US who are tired
hearing every law which affects the Sc
fish interests of any citizen denounced
Unconstitutional will be relieved
occasionally some progressive spirit WI
:. say it is contrary to the Declaration
Sc Independence.
he The use to which Constitutions a
u. being put, and especially the end whit
ig the Rev. Mr.. Long desires to MAJ
:. them serve, reminds us of an anecdot
In one of the Southern counties of tn
State a one-armed man who had be-
;, indicted for unlawful retailing consult
~ a distinguished lawyer about his
: fence. The lawyer concluding from t
defendants own statement that IN t
event of trial conviction would be
= eyitable, advised him to enter plea
- guilty as an inducement to small fir
~ This did not suit our one-armed frien
an and hoping to aid his counsel in t
NJ. adoption of a successful line OF defen
no he asked him if the law against reta
rio ing without license had ever been
M clared unconstitutional, and receiv
M the ready response that it was undouI
bo edlv constitutional and had been so
~ clared by the Supreme Court. The OF
nd armed man, still unwilling to recognl
his hopeless condition, replied as follow
hit 81 believe, myself, the law is consti'
re- tional, generally speaking, but judi
he has the Supreme Court ever decided tt
tor it was constitutional as to one-arm
he manp
ID Seriously speaking, we thought tt
m if any question was definitely settled
he was the right of the Legislature to p
in vide by law for the decent observaI
be of the seventh day of the week, comm'
re- " called Sunday. But 1.-THE world
ed. move"