The Memories of Fifty Years: Containing Brief Biographical Notices of Distinguished Americans, and Anecdotes of Remarkable Men; Interspersed with Scenes and Incidents Occurring during a Long Life of Observation Chiefly Spent in the SouthwestSparks, W. H. (William Henry)
History
The Memories of Fifty Years: Containing Brief Biographical Notices of Distinguished Americans, and Anecdotes of Remarkable Men; Interspersed with Scenes and Incidents Occurring during a Long Life of Observation Chiefly Spent in the Southwest
Sparks, W. H. (William Henry)
Georgia -- History -- 1775-1865; Southwest, Old -- History; United States -- Biography
The several Governments which had claimed and held jurisdiction over
the Territory of Mississippi had issued grants to companies and
individuals for large tracts of country in different portions of the
State. These grants had not been respected by the succeeding
Governments, or else the records had been lost or carried from the
country for a time; hence very many conflicting claims made insecure
the titles of the proprietors now settled upon these tracts, and were
fruitful of endless litigation. To remedy this evil, a statute was
recommended by Governor Poindexter and enacted into a law, compelling
suit to be commenced by all adverse claimants by a certain day. This
effectually cured the evil, and a suit to establish titles is now very
rare in Mississippi. As a judge he was able, prompt, impartial,
unrivalled in talent, and, at the same time, unsurpassed by any lawyer
in the State in legal learning. His administration of the laws was
eminently successful. The country was new, with the exception of a few
counties, and, as in all new and frontier countries, there were many
bad and desperate men. To purge these from society it was necessary
that the criminal laws should be strictly enforced. To do so required
decision and sternness in the character and conduct of the judges. Very
soon after Poindexter was placed on the Bench he manifested these
attributes in an eminent degree.
The stern, impartial justice administered to these lawless men, soon
created quite a sensation with the class to which they belonged, and
threats were freely thrown out against his life; but these had no
effect in intimidating him, or in changing his conduct. He went on
fearlessly to administer the law, which at that time, instead of
imprisonment, inflicted severe corporal punishments for many crimes
most common in a new country. These were branding with a hot iron in
the hand or on the cheek, whipping on the bare back, and public
exposure in the pillory. Not a court went by without some one of these
punishments being inflicted upon a male malefactor. Public opinion had
begun to look upon these penalties as barbarous, and in very many cases
great sympathy was manifested for the culprit.
This sentiment frequently operated with the jury, who were disposed to
deal leniently with the accused. This was resisted by Poindexter, and
effectually--for so clearly did he impress the minds of jurors with
what was their duty, that few escaped where the proof was sufficient to
convict; and once pronounced guilty, the extreme penalty of the law was
surely awarded. The beneficial influence of this stern and inflexible
administration of the laws was soon manifest, and the more orderly of
the population unhesitatingly gave their approbation and support to the
judge. He sustained in court the dignity of the Bench, restraining
alike the license of the Bar and the turbulence of the populace. To do
this, he was frequently compelled to exercise to the full the powers of
his office.
Public-domain text, read in full here on John Shaqi.
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