Talk:Richard Stockton (Mississippi politician)
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Notes
edit"We have adverted to the constitutional provision for the removal of judges. In 1824 the legislature enacted a stay-law. The sheriff of Claiborne county was induced to apply the provisions of the act to an execution levied before the passage of the law. Judge Stockton, as circuit judge, held that the statute was not retrospective. On appeal to the supreme court his ruling was affirmed and judgment entered imposing on the sheriff a fine of one hundred dollars for "making undue and false return."
The House of Representatives, at its next session, 1825, adopted a resolution requiring the sergeant-at-arms to notify the judges of the supreme court to appear at the bar of the house and show cause why they should not be removed from office "because of their decision in regard to the debtor's act."
According to the account furnished by Mr. Lynch in his book, The Bench and Par of Mississippi, Judge Stockton appeared and begged to exhibit in writing, a statement of the case." "He filed an elaborate brief, citing authorities in support of the proposition that such legislation could have no retrospective operation, and contended that "judges had been governed by pure motives and decided according to established law." Pointed interrogatories were then put by the committee of the house touching the propriety of punishing a ministerial officer "for executing a law before the same had been declared unconstitutional by the court."
The committee was dissatisfied with the judge's response, and made a report which embraced statements: that "they believed that the opinion of the court as to the constitutionality of the law was erroneous; that they could not believe that any subordinate officer ought to be punished for executing any process that emanated from competent authority; that it was his duty to execute and not to judge of its legality."[1]}} FloridaArmy (talk) 03:25, 6 January 2024 (UTC)
The report absolved the judges of any unworthy motive, but concluded with a recommendation that the judiciary committee be instructed to report a bill to provide against the recurrence of the evil. The report was received and laid upon the table. The same day Judge Stockton tendered his resignation. He subsequently removed to New Orleans, and, sad to relate, was killed in a duel. The law against this deplorable practice then, as now, was "Thou shalt do no murder." Many, however, high in rank and station, are not restrained by the thunders of Sinai, but deterred by the puny statute imposing a fine and making the offender ineligible to office![1]
Duel?
editIs the Richard Stockton Jr. Killed in a duel him. Of Natchez via Port Gibson. FloridaArmy (talk) 13:24, 8 January 2024 (UTC)
- I believe this is confirmed. BD2412 T 14:12, 8 January 2024 (UTC)