Page:The Green Bag (1889–1914), Volume 11.pdf/540

 Supreme Court of Mississippi.

503

A SKETCH OF THE SUPREME COURT OF MISSISSIPPI. By Thomas H. Somerville. HISTORY," says Lamartine, " is like the sibyl, and only reveals herself to time, leaf by leaf." Much that is valuable in the history of a state or nation can be found in the musty records of its courts and the

neglected biographies of its judges. Mr. Marshall said, in the Virginia convention, "The greatest curse an angry and avenging God can send upon a sinning and disobedient people is a corrupt, an ignorant or a dependent judiciary."

Mississippi, under both the elective and appointive systems, prevailing at differ ent times, has en joyed the blessing of able and efficient service in the de partment of justice. Her first consti tution, adopted on the 15th day of Aug., 181 7, "Vest ed the judicial pow COLLIN S. er in one supreme court, and such su perior and inferior courts of law and equity as the legislature might from time to time direct and establish." The judges of the superior courts, sitting in bank semi-annually at the capital of the State, constituted the supreme court, but the judge "whose decision was under con sideration " did not constitute one of the court to determine the question on such de cision. It was made his duty, however, " to

report to the supreme court the reasons upon which his opinion was founded." This was an admirable provision in the in terest of justice and liberty. The unfortu nate convict could not, at that date, be hung upon the verbal affirmance of a verdict and judgment of " guil ty " without expla nation from his un happy counsel as to the disposition of his "assignment of errors." The youth ful advocate was not left in doubt as to whether his writ of error was "error indeed" as Judge Baldwin puts it in his " Flush Times." The supreme court would be supposed in such case to adopt the reasoning of the nisi prius judge. The judges held their offices " dur ing good behavior," and "for willful ne glect of duty, or TARPLEY. other reasonable cause which shall not be sufficient ground for impeachment" the governor could remove any of them "on the address of two thirds of the Gen eral Assembly" on due notice and hearing. Provisions like the one last quoted are found in most of the state constitutions of early date where the judicial tenure was for life. Its closing terms are in significant contrast to those employed by Lord Somers in the reform secured on the accession of William