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." The report absolved the judges of any un worthy motive, but concluded with a recom mendation 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 resigna tion, lie 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 thun ders of Sinai, but deterred by the puny sta tute imposing a fine and making the offender ineligible to office! Joshua Child came from New England to Mississippi about the date of the organiza tion of the State. He was well educated and learned in the law, but soon fell into habits of dissipation and resigned. Alexander Montgomery, of Adams coun ty, is said to have been the first native Mississippian elevated to the supreme bench. He was a man of much native ability and moral integrity. He retired from the bench in 1832 and resumed the practice of the law at Vicksburg, where he died later at an advanced age. Edward Turner was born in Eairfax county, Virginia, Nov. 25, 1778. He was educated at Transylvania University, Ky., and settled at Natchez, Mississippi. He re presented Adams county in the legislature and held various other offices. His career was characterized by industry, fidelity and integrity. In George Winchester, Massachusetts fur nished Mississippi with an able exponent of the State Rights doctrine. He was edu cated at Harvard and was a fellow student of Judge Story. He presided over the Southern Rights convention held at Jack
son in 1849, and was the author of the resolutions adopted by that body. He was a man of marked ability and was held in high esteem as a judge. Mr. Lynch relates that on one occasion the supreme court decided a case in which he appeared as counsel in " his favor, but not on the grounds upon which he had rested, where upon he promptly moved the court for a rehearing." Harry Cage, a Tenneseean, succeeded Judge Winchester. He rendered efficient service on the bench. He was in 1832 elect ed to Congress, where he served faithfully until 1834, when he resigned and retired to his plantation in Louisiana. George W. Smyth was Judge Cage's suc cessor, but only served during the Decem ber term, 1832, when the court was reor ganized under the revised constitution. Judge Black was a native of Massachu setts. He rendered valuable service on the bench from 1825 till 1832, when he was ap pointed to the United States Senate. He was elected to a full term in 1833. Eli Huston was a member of the court for a few months prior to its reorganization in 1832. Isaac R. Nicholson became judge of the newly-created fifth district in 1829, and hence a member of the supreme bench. His services were efficient. We have now traced the personnel of the bench down to the date of the revised con stitution. The constitution of 1832 provided for "The High Court of Errors and Appeals," to consist of three judges to be elected, one from each of the three districts into which the legislature should divide the State. Section 3 reads: "The office of one of said judges shall be vacated in two years, and of one in four years, and of one in six years; so that at the expiration of every two I years, one of said judges shall be elected as aforesaid."
