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The guard. [volume] (Holly Springs, Miss.) 1842-1846, January 12, 1842, Image 2

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la it not a beautiful village, with its spacious
square and splendid Court House, with its neat
Churches and Academies, with its fine rows of brick
- buildings for business, and its white cottages for
The pub'ication of the Guard has been delay- comtort, with their gardens full of vines and ever
ed for several day, by a mistake of our merchant greens and flofferfandCragrance when the breath
in Memphis, who sent us paper of two small a size. of summer stirs them, and all so new and fresh, as
whici we were unable to use. The delay, how-; if just sprung up from the wilderness, at the com.
ever, enables1 us to lay before oar readers the Gov- rnand of enchantment!
rnor's Message, received through the politeness j Is it not a busy, bustling, village, with its indus-
V ! trious mechanics, olvin? merrily the saw and the
ive and able Senator,
iIaTTHEW, EviXln point of style, we hazzard
nothing Jsang, hat it will bearsuccessful com-
pansoirwith tht cianvother uovernor in the L niteu
States, riain. simple, forcible, and business-like,
it will be read with interest by all at home and
abroad. Of its subject matter, its allusions to the
pat, and recommendations for the future, we will
for the present, leave our readers to judge.
The Editors best compliments t his kind Pat
rons, and a happy New Year to them
all. He
commence Lli editorial labours with the good hu
mour, which health and hope and the fair promi
es of friend tlxiTt irive to a man. when first en
gaged in a new occupation. How 'on he will!
continue so, will depend greatly upon you. If you
piy Lim and bis cc-publisher promptly, and say unto
others on every proper occasion, go ye and do
likewise if yon forgive him when he errs, and
praise him when he doca well, and encourage him
to persevere, to overcome all difficulties and ac
quire both honour and profit, be assured, this will
add much to the spirit and vigor of his pen and
consequently to the interest of his paper. He will
write far better with a light heart and an unclou
ded brow. Deep sorrow, the result of continued
disappointments and perplexities, may do very well
for writing tragedies, but it produces exceedingly
disagreeable editorials. An Editor, above all oth
er men, should have a cheerful frame of mind, for
how can he succr?d in making others happy if he
be not happy himself! He knows very well what
he his to encounter. lb has not yet to learn, that
an editor's life is not on of uninterrupted pleasure
and amusement, that his path-way is not always
strewn with flowers, perfumed with fragtance,
and enlivened with melody; and knowing this, and
hoping for tht. best, he i prepared fur the worst.
He does not expect to please every body; he will
be well satisfied if he pleases himself. In his pol
itics, he will be firm and decided, not quarrelsome
and violent. He will not be controled by ambi
tious politicians, who may be selfishly striving to
advance their own interen rather than the public
go-)d; he will be governed only by his own con
science and judgment of what is right and wrong.
He will strive to preserve the most friendly rela
tions wiih his editorial brethren of all parties, to
aroid personalities as tnich as possible, and to
discuss and uphold principles rather than attack or
sustain men. He has many warm personal friends
among those who call themselves Whigs. These
he will not attempt to irritate and estrange, bat
endeavour by mild persuasions and the force of
honest argument, based upon facts, to win them
from the error of their ways and lead them back to
the good old democratic faith. He believes that
Democracy has only to be rightly understood, to
be admired and practiced by al) who desire the
happiness of the human race.
The beginning of the New Year was thought by
the Editor to be the most appropriate time for the
commencement of his new paper. The old year
with its wonderful political changes, its usual di
versity of good and ill fortune, sickness and health,
joy and sorruv, all that brightens or darkens life,
has passed away. The New may prove perhaps
but the darker shadow of the past. But the Editor
is full of hope and loves to indulge in bright anti
cipations. He thinks, therefore, that the present
will be a joyrusyear. That neither war. famine
nor pestilence will be in the land; that the crops
will be abundant and prices high; that there will
be many marriages and few deaths; that Whig
Stock wi.l continue to fall; that log cabin, hard
wider, and coon politics, before its close, will b
scarcely known except by tradition; that pure
Democracy will flourish; that the subscription and
paying list of the Guard will be continually in
creasing; in short, that its publishers will get rich
and its editor get married! ! And if he should
be mistaken in all this what x'W be the harm!
Ho is all the happier for thinking so, and you,
who will believe him, may be happier also.
! hammer, and its intell igent merchants, bowing and
smiling so affably, as they handle the scissors or
yard stick, and talk of the fineness and cheapness
of their goods, until you think, that never before
were s uch bargains made, since the Vicar of Wake
field son Moses purchased the spectacles!
Is it not a literary and scientific village, with
its Newspapers and Lyceums, its grave aud" learn
ed teachers, its lawye.s, glib of tongue and pro
found in the law, and its doctors, skilled in the di
vine science of prolonging life!
Is it no a moxal aud religious village, with its
eloquent divines and pious elders, its largo serious
and attentive con'rrerationi. its Draper meetings
O D ' w ,
) missionary and temperance societies and lectures?
Is it not a delightful village, with its balls and
parties and concerts and fairs and weddings, its
handsome and agreeable widowers, its polite old
bachelors, all willing to marry but not particular
ly anxious, its young men, "in flower of youth and
beauty's pride" and its ladies, graceful in manuers,
sparkling with wit and humour, with their sylph
like forms, light footsteps, sweet smiles, and bril
lianl eyes of every fascinating hue, and who say
No" so chaimingly as to make it sound almost
like "Yes!"
(Confidential.) Brother Editors don't you think
th? subscription list of the Guard will increase now,
and that the merchants will all advertise!
my '
Our fr end Howe of Oxford, -vhoin we used to
think the most modest cf men, has lately, if we
may believe him, received a letter from Queen Vic
toria and go, him a new coat; whereupon, he re
Gentlemen of the Senate, jt
and House of ivpresiniaiws.
n.irincr the nast year an unusual degree of
health hasbcen enjoyed by the people of every
portion of the State, with the exception 01 a
single city. Aa- average crop ot cotton and
corn has rewarded the toil 01 me iiuuaUu.u..
A riid system of ecoiomy has every where
r -oti i'url hut fW debts have bien contracted,
while many have been extinguished. Scarcely
any .suits have been instituted in our courts. We
have enjoyed the inestimable blesjings of peace
at home and abroad; and the population and
wealth of the State has steadily increased. For
these manifold blessings, we are mueuicu o iue
superintending care of an All-Wise Providence.
In my last annual message, i cunuiy .uicu
p conviction, that adjourned sessions of the le
dature were not in accordance with the spirit
of the constitution that the expenses attendant
thereon, had impoverished our btate i reasury,
and, that improvident legislation might well be
jrehended from them, these sentiments were
condemned by a portion of tho legislature then
assembled; but 1 flatter myself that they have
been highly approved by the people of the btate.
The published acts of 1841, do not contain the
lecis'ativo will. About a dozen laws were pass
ed durinrr the session, which were in effect re
pealed by the approval.of the Revenue Bill at
the close ol the session, .imorg me iavs mus
repealed, may be enumerated: First, the net ex
empting the Chickasaw reservations from taxa
tion until five years afcr the approval of the
sale by the Presidentof the United States, Sec
ond, the act forbidding tax collectors to advertise
their sales in a public gazette; third, that p rtion
of the funding act forbidding the reception for
taxes, of the Auditor's Pay Warrants, issued
previous to the first day of January, 1841, and
numerous special acts for the relief of tax collec-
tors and the punisnmeni oi umauuers. i uu re
sult has been that different acts are regarded in
various counties in the State, and continual ap
peals arc made to the Executive to ascertain
which statutesare to be respected. The High
Court of Errors and Appeals has decided that the
Chickosaw treaty vested a fee simple title in the
Indians to the reservations allowed them bv that
Treaty, and that the approval by the PreVdent of
lie officers; sureties that are entirely solvent
when taken, become worthless or die in a
few years It appears by a report of a
committee of the legislature, made in the
year 1339, that the former Auditor is in
debteoTto the State in the sum of about 54,
000 dollars Suit has been pending on his
bond for near three vears. Assistant coun
cil - been employed by the Slate, but no
iudrr?'ail has been recovered. In the mean-r-
,T ..... . i
lime niS securities nave urcuuic uisuucui,
and the whole debt may be considered lost.
This extensive defalcation was caused by
the power unwisely given to the Auditor to
collect the sinking, seminary, inree per ci.
and town lot funds. I have repeatedly urg
ed your predecessors to change and consol
idate all the law3 in regard to the Auditor
and Treasurer. The former should not be
permitted in any case to receive money, and
the latter should be debarred from auditing
accounts. Both offices should be kept en.
tirely separate, and neither should be per
mitted to aid the other in any contingency
whatever. For a period of near two years
the Treasurer has been unable to pay war
rants of the Auditor. He has therefore in
a measure ceased to be a check upon the
Auditor. I therefore deem it important
that the State Treasurer be required to ac
cept and register the Auditors wan ants, is.
sued hereafter, before their delivery to the
public creditor.
The duties of the Auditor of Public Ac
counts are more arduous than those of any
other officer of the Government. A late
law authorizns him to cancel, on certain
conditions, the sales of the lots in this city,
made by the Slate. This duty requires the
service of an experienced lawyer, and could
more safely be confided to the Atlerney
General. The Auditor should be relieved
of all control over the three percentsemi
nary and sinking funds, and the notes taken
for lown lots. Paymants made on account
of such funds, should always be to the treas
urer on the receipt warrant ol the auditor
The existing system relative to the col
the sale of such lands by the Indians, was a con- lection of money due by defaulters is raic
dition subsequent, and merely intended to secure aUy defective. Experience has demonstra-
ted that but little is paid into tr.e state
Treasmv on such claims. The law author-
joices greatly, and gives us a beautiful portrait of ee of an Indian could recover by an ejectment jzes tie district altornies to call up and try
himself. It is a noble specimen of the fine arts,
has a very sharp, intellectual appearance, and ex
hibits our humorous friend in the interesting at
titude t.f writing editorials upon the credit system
for the "Dollar Democrat." Se his last number.
We thank brother Falconer, of the Gazette
for calling us both a "gentleman and a scholar."
W e return the compliment, and hope that our per
sonal relations miy continue to be, as they now
arc, of the n.ost friendly character.
c wou.d call the attention of our readers
to a very interesting Narrative, on our first
page, by Amos Kendall, of his early connec
ilou and intercourse with the family of the Hon.
llenrv Clay of Kentucky, the thrice defeated
candidate for the Presidency.
For the last twelve years, has the charge of
ingratitude against this distinguished man, been
rung through the party press from one extremi
ly f( the Union to the other. Every opprobious
epithet which ingenious malignity conld cornmandi
has been heaped upon him. He has been stig
matised as a liar and an ingrate, and even chil
dren have been taught to curse him. It has
suit, lands sold before the approval of the sale by
the President. A period of rear line years
has elapsed since the ratification of the Chicka
saw Treaty, and justice surely requires that all
the Chickasaw reservations should be taxed. If
no taxes are imposed on those lands until the
President approves the sale, the v may be lorever
exempt. 1 he present owners ot tne iana could
withhold asking his consent tor any period they
may choose. A large portion of the finest lands
in the Chickasaw 1'uTchase, are held bj non
residents, who ask a high price for them, and
will not sell until forced by the imposition of tax-
mi ii l.- . 1 3 ' c
es. ihey are generally uncumvaieu, anu, ii
thrown into market at a lair price, would soon
be occupied by an industrious people, able and
ready to assist in advancing the wealth, popula
tion and resources of the State. The hardy pio
neer who cuts his way in the pathless forest
and erects his humble dwelling, has to bear the
burthen of opening roads and building bridges.
His labour brines the land of the speculator into
notice, and enhances its value. The property of
the latter should contribute to the improvements
such cases whenever they are prepared, yet
thev are permitted to slumber on the dock
et, until the parties to the bond become in
solvent. Many thousand dollars are annu
allv lost to the State bv delavs and failures
in the prosecution of suits against defaul
The tenth section of the seventh article
of the constitution prescribes that "the le
gislature shall direct, by law, in what man
ner, and in what court?, suits may be brought
against the State." It is believed that this
clause was inserted in the constitution in or
der that the State might be made a defend
ant to chancery suits arising out of cases
wherein lands sold to thebtatc by mdividu
als, was in dispute and the State was sup
posed to have an interest therein. It never
was intended by thetramersot the Constitu
tion that every public creditor should be
permitted to harrass the btate at pleasure,
by vexatious suits. It will be perceived that
buildings; and that other suits, for still lar
ger sums will -probably be soon instituted
by the holders of certain bonds heretofore
isssued to the Plantars Bank of the Slate,
and of the Mississippi Union Bank.
In accordance with the third section of the
act supplemental to the charter of the Piauters
Bank4 apdroved December 16th, 1830, five hun
dred State Bonds of one thousand dollars eoch,
were issued in 1831, andsd!d in New York, by
three Commissioners appointed by the Gover
nor of this State. Those bonds were made pay
able to and endorsed by Samuel Gustine, Esq.
one of the Commissioners. The principal and
interest was made payable ot the Phoenix Bank
of New York. An act amendatory to the char
ter of the Planters' Bank, approved February
5th, 1833, authorized the issuing of one million
five hundred thousand dollars in State Bonds,
which were sold in New York that year, by
agents appointed by the Planters' Bank and
made payable to John Delafield, at the Phcenix
Bank of New York, and by him endorsed.
With tho proceeds of the Bonds thus negotiated,
the State took two millions of stock in the Plan
ter's Bank. The eleventh section of the Char
ter of the Bank Drovides, "That if the dividend
arising from the stock subscribed for by the State,
as herein specified, shall be insufficient to meet
tho interest accuring on tho said Bonds, and the
uavment and extinguishment thereof, when the
same shall become due, the said Bank shall sup
ply such deficiency, and charge the same to the
account of the State of Mississippi, and for the
payment thereof, the faith of the State is hereby
pledged." This section has been repealed by
the act transferring the stock to the Mississippi
Rail Road Company. 1 have been unable to
ascertain the terms on which the Planters' Bank
Bonds were sold, or the funds in which pay
ment for them were made. 1 he following is
believed to be an accurate description of the
Loan of $500,000, Bonds, $l0O0each dated, July, 1 18ol.
L No. 1. to 125 S125.000 due July 1st, 1841.
I 136. " 250 126.000 " " " 1346.
J 255, ' 375 125,000 44 " 1851
) " 376, " 500 125,000 " " " 1856
Loan of ftl. 5000.000. dated 1st March, 1833
E No. F01, to 1000 500,000due March 1, lfbl.
1001, " 1500 500,000
G " 1501, 2000 500,0ff0 " " 1S71
Interest payable semi-annually at the Phcenix
Bank, New York, at six percent., per annum
n dollars current money of the United btates.
A careful examinotion of the charter of the
Planters' Bank will demonstrate that that insti
tution is not bound, (and never has been) for
either the principal or interest ot the bonds,
The Mississippi Kail Koad Company has ob
hgated itself to pay the interest ol the Konds
and all the instalments exceot the two first
It is confidently believed that the Cdmpany
never will be able to complv with its con
tract with the State. Bv reference to the
documents sent in with my annual messages
in 1840. and IS41, and the account current
of the Bank of the United States herewith
transmitted, it will be seen that the sum of
of one hundred and sixty-six thousand seven
hundred and ninety-two dollars and twenty
two cents, is claimed of this State for advan-
which add so much to its value. Public policy the section quoted, does not authorize oxe
demands that suitable measures be taken to bring
speedily into cultivation all the lands held by
persons who do not intend to cultivate them.
The Revenue . law requires the asssessor of
each county in the State to give bond in the pe
nal sum of thousand dollars. In a large mann-
been said, and repeated so often, that even some ty of the counties this penalty is too great, and
We intend hereafter to publish all the procced
vg of our State Legialature, so far as tbey np-
pe.r la the papers at the Seat of Government.
The length of the Governor's message is our ex
cuse for the present omission. So far, nothing
of importance has occurred. The Senate was or
ganized ty the election of Gen. Speight, of
Lowndes, as President, Qd S. R. Adams, of the
Taulding Clarion, as Secretary. In the House,
Col. Roberts, of Scott , -as elected Speaker, and
W. M. Smtthe, formerly editor of the Grand
Gnlf Advertiser. Clerk. Jas. M. Lewis of Jack
son, was elected Sergeant-at-ATms. All are ster
ling Democrats The speech of the Tresident of
the Senate, is neat and appropriate; that of the
Speaker, was characteristically concise. We will
publish both next week. In the House, after a
spirited debate, in which our friend Coleman, of
DeSoto, made, as we expected, some very sensi
ble remarks, 6000 copies of the Governor's mes
sage were ordered to be printed. A motion by
Gen. Bradford, o refer that porMon of the mes
age which relates to the suinsrot the Srat in tho,
chancery Jcourt, to tho Judiciary 'committee, of
wnicn, wo suppose, he is chairman and which
is composed of six whis. bond men. a.i,l nn unti.
bond democrat, (Mr. Coleman.") oroducpd s.om
xcitement; in the course of which Gen. Bradford
offered to resign his place, as a member of that
committee. Alter some mutual explanations, he
consented to remain. The anti-bjndinen prefer
red a reference to a select committee, which we
- presume, win nnauy do made
Democrats were inclined to believe, that emi
grating to the West, and having been re
ceived into the family of Mr. Clay, under cir
cumstances of extreme poverty, sickness and
distress, where he met with the kindliest treat
ment, in return for all lhis,and numerous politi
cal and pecuniary obligations, he basely aban
doned and betrayed his noble benefactor. If
true, this was enough to excite the indignation
and scorn of every warm and generous bosom;
but in the language of Mr. Kendall, t7 is pure
fiction. Truth, sooner or later, will expel error.
We trust the Democratic press generally, will
epublish the narrative of Mr. Kendal', that the
public may know, upon what little ground, rests
the grave charge against him. Justice requires
it. It is due to him, not only, as a man, but as
the ablest editorial champion of the Democratic
The United States Court, sitting at Tontotoc,
for the Northern District of Mississippi, adjourn
ed on the 1st inst. We have heard his honor,
Judge GiiOLsoN, much commended for his prompti
tude and Fatisfactory dispatch of the" business be
fore him.
Our thanks are due to'heHon. Jacob Thomf-
.i rk ?J
sox ior me x resiaeni a message, wun tne ac-
companing documents. We are glad to see tbat
he is placed upon the Committee ol Public Lands,
for which we think he is peculiarly fitted.
On our third page will bo found the advertise
ment of the worthy princi pal of our Female A
cademy. Me. Parisii. It will be seen that he has
made every arrangement for the present session,
which the friends of that popular Institution could
la -
uesue. His assistant teachers are vounor ladioc
j r . v.
every way qualified for their respective duties; an d
the Professor of Music and his accouiDlishpd
daughter are, we understand, worthy vi all praise.
O lr readers will see, also, the advertisement of
the new Female Institute, under the charge of Mr.
Fjster. From his acknowledged ability, indu
try and energy, his friends are confident of bis
entire success. We wish oih these Institutions
a a
mav prevent the oitice beinst tuiea. A Dona in
the penally of half the amount, of the tax collec
tors would be amply sumcient. Ihe assessors
and collectors in four counties resigned their of-
:es, and assessment rolls have not been re
turned from those counties. It would be proper
to clothe the Executive with power to fill vacan
cies in the offices of assessors and collectors of
taxes, in cases where the people fail or refuse tQ
elect them.
In former messages I have called the attention
of the legislature to various measures, which I
cutioas to be issued against the State.
On the 15th day of February, 1823. the
legislature passed an act authorizing anv
one having a claim against the State, to file
abillinthe Superior court of chancerv a
gainst the State, and directing issues to be
made up to try the lacts. 1 he act lurther
prescribes, that when a final decree shall be
made in ravor of the complainant, that an
exemplified record thereof shall be filed in
the office of Secretary of State; and the
Governor havincr due notice thereof, shall
issue his mandate to the Auditor of Public
Account?, to draw his order rn the Treasur.
er tor the amount ol such sum and costs, so
decreed to be paid by the State. The clause
quoted is clearly unconstitutional, for ii con
venes the 7th section ot the 7th article of
pay the five millions of dollars in.Siate lificY'
delivered to the Mississippi Union Bank, or
anv part of the interest due or to become due
thereon. An appeal has been made tj the
SovercigD People of the Stale on this qnestion.
anl their verdict, from which no appeal can bo
taken, has triumphantly sustained the principles
for which I have long contended. io power
can compel them to pay a demand whichVhev
know to ba unjust. 1 his result nas gloriously
sustained the sacred truth, that the toiling mil
lion never should be burthened with taxes t0
support the idle few. Our constituents ha
wisely resolved that the highest o o ligations ot
honor, faith and justice, demand of us a srict
adherence to the Constitution, and that the laws
of tho land canuot be set at defiance. When
ever a different principle shall prevail, and the
doctrine be firmly established, that any agent
of the people or corporation, can in violation of
law, burthen unborn generations with onerous
debt freedom will no longer existt and our
star will be blotted forever from the constella
tion of republican States. You, gentlemen, have
r highly responsible duly to perform. Idle res
olutions and faithless promises will neither satis
fy the holders of the bonds in dispute, nor tho
people of the State. It is probable that all the
facts in regard to the sale of the Bouds delivered
to the Plauters' and Union Baukshave not com
to light. You are clothed with power to send
for persons and papers, and to examine witnes"
ses on oath. 1 therefore earnestly recommend
a searching enquiry into all the facts connected
with the sale of the Bonds, tor this purpose
it may be necessary to examine, on oath, tho
Commissioners charged with the sale of hvc
hundred thousand dollars in Stato bonds, in
1831; those charged with the salo of one mil
lion five hundred thousand dollars in 1S33, us
also the Commissioners charged with the sale of
the five millions of dollars in State Bonds in 1833.
It may be found advisable to extend your enqui
ries further, and examine the officers of the
Planters! and Union Banks, who were in office
at the periods designated. Every paper con
nected with the negotiation and sale of
those bonds, and ehcuving the mannej in
which payments therefore were made, and the
particular funds received, should be hunted up
and published. The facts, if condensed into a
report, and published, will prove that Mississippi
stands fully justified in the stand she has taken,
and that her faith, justice, honor, dignity and
glory remain untarnished.
Fve million of dollars in State Bonds were
executed and delivered to the Mississippi Union
Bank in the fall of 1831). An attempt was
made to dispose of those Bonds also, which
most fortunately failed. An enquiry into the
instructions given to theagent charged with the
negotiation of those Bonds -might throw some
light on the manner in which State Stocks have
been shuffled off. I trust that at an early day
that part of the charter of the Mississippi Union,
Bank, authorizing the issuance and sale of ten
and a half millions of dollars in State Bonds,
remaining unsold, will be repealed, and that tho
five millions now in the vaults of the Mississippi
Union .Bank, be recalled and cancelled.
In order that suits against the State, as well
as those in her favor, may be speedily tried...
ces of interest and charges on account of the I most respectfully urge the establishment of an
interest due on the Planters Bank 15onds up
to the 25th of March, 1841. Since that pe
riod no interest has been paid on those bonds.
It appears that exchange at from 8 to 81 per
cent., has been charged by the Bank for pay
ing the interest in London in Sterling Money
of Great Britain. I cannot find that any au
thority has been given by this State or the
Planters'Bank to change the place of pay
ment of those bonds, or the currency in
which they were made payable. The follow
ing oxtract from a letter of the late Presi
dent of the Bank of the United States, da-
Inferior Conrt of Civil Jurisdiction, clothed
with power totrv all causes in favorof the State,
or any officer of tho Government, against all "
defaulters and other persons indebted to the
State on any account whatsoever. Provision '
should be made for the removal of all such suits
now pending in the Chancery and Circuit Courts'
to the Revenue Court. 1 hat Court also should'
be given the power of trying such suits against -' -
the btate as are contemplated in the Constitution. ;
The right of appeal to the High Court of Errors?''''
and Appeals in all such cases, is guaranteed by - '
the Constitution. If this Court is established,
the jurisdiction given by law to the Superior
A J,BOlhing of cuiiunc bas transpired in Con
ireur The attempt of thas tiraiiee bold mn. Joh Ocix.
Kt Actiu. to rike out ihe Stst rule (prohibiting the re
eptioa cf Abolition petitions) was voted down br bare
fcBwjnriT. fa the Senate, Str. Uxvrox attxeked wiih 14a
jrror, $ai portion ol Ue Frew dent ' Mesta.rela
iroim-rnenj Agent." various opinion are cspresa-
w rfjara to v prooaDimy oi u adoption or njec
t A Witer just teeetved from Washington Citv bv a
1 of urt,intirateV beliefihat the Whirsjrill ulti-
tkjt ij. TJe Ocmocrt3, with its eiehangeleature,
. rtaiQiiy oppose jt. f bay want no brokers
Q ot th O&seril Uoyernment.
' Houla our worthjr fUpresentative, Mr.
n has given no'icjs tfeatka will introduce
"CDeal the Distribotisu Act, An attempt
e made o repeal ihe JJakrapt Jaw, cr
operaUonjo the first tf" J!r. The
deemed necessary, in ordr that our statutes may the constitution which prescribes that "no
ted March 25th. 1841, containes the only Court of Chancery in cases against the State,
explanation (which is far from satisfactory)
I have been enabled to obtain on the subject.
The extract referred to is as follows: "
notice your Excellency's remarks in relation
to the payment of the interest in London in
stead of New York. 1 am not aware of the
cause of the change of places but presume it
was made by some arrangement between
the Phoenix Bank, Aew York, an Ihos
Wilson & Co., London, or some other rep
resentatives of the Lnglish holders ot the
Bonds, to which the State of Mississippi may
be mado to conform to, and carry out, the provis
ions of the revised constitution of the State. I
deem it unnecessary to repeat those suggestions
trusting lhat thej will yet commend themselves,
to your favorable consideration.
The twelfth section of the seventh article of
the constitution provides that "it shall be the
duty of the legis'ature to regulate, by law, the
cases in which the deductions shall be made from
salaries of public officers, for neglect of duty in
their official capacity, and the amount of such de
duction This salutary injunction, although rc
peatedly recommended to your favorable consid
eration. has always been disregarded. Thoe
monev shall be drawn lrom the treasury,
but in consequence of an appropriation made
by law." This clause is in the very lan
guage of a clause in the constitution
ot the united States. and of
several States of this Union. The govern
ment of the United States, and of the States
referred to, have always made special ap
propriations to pay all claims deemed just,
though the amount thereof was fixed bv
law. No officer of those governments can
draw his salary until the amount is appro
priated by law. This practice is in strict
who neglect their official duties have no claims I conformity with the principles of republican
on the public Treasury. The duties of many
of our officers arc for long periods of time
performed by deputies and clerks. I f they are
competent to discharge such duties, they deserve
a t y
tne salaries drawn Dy tneir principals it unde
serving, they arc unfit to bo entrusted with the
management of such important offices. The ex
isting laws do not give the Executive sufficien,
control over the Auditor of Public "Accountst
State Treasurer, and Secretary of State. The
constitution requires those officers to reside at the
seat of governmeni,and the laws do not author
izo them to substitute c erks to discharge their
government, and is imperatively demanded
by the letter of our constitution. It is to be
regretted that periodical appropriations have
not always been made in this State. The
legislature is entrusted with the purse
strings of the people. Kevenue and ap
propriation bills, can alone originate in the
House of Reprerentatives; they may be a-
mended in the Senate, but require Execu
tive sanction, or a majority of two thirds of
each branch ot the legislature before they
become laws. Ihe people have not entrus
appropriate duties. They frequently absently ab- ted to any court the power of compelling
sent themselves for long' periods of time, without
even notifying the Executive cf their intentions.
During their absence the business oftheir offices
is left in the charge of clerks, who neither give
bonds nor take the oaths ot olhce." under such
circmnstances, the public business is oiten neg
lected and the funds ot the btate endangered.
The legislature is clothed with ample power to
remedy these defects in our legislation, and the
public safety requires immediate action. The
thirteenth section of the fifth article of the con
all the prosperity and charicter which they may stitution privides that 'alll vacancies not provi-
justly me-it, and that no other rivalship may ex
it between them, except a commendable stru
gle which shall be most excellent and useful
While On this subject, we cannot fnrni- t
dinsf our very favorable opinion of the neith-
ourui- remaie institute ai Uxtord, which, tin
der the care of its amiable and intelligent Princi
TVI Ttf Vrr-- . : 11 n ...
ri, . liulhoi, is hi a mjTQiy nourishing
ded for in this constitution, shall be filled in such
manner as the legislature may prescribe.' 1
therefore urge the passage of a law authorizing
the Executive to make provisional appoint
ments to fill vacancies occasioned by the ab-
. .
tneir representatives to raise money or ap
propriateit to any purpose whatever. Nei
ther the judgment of a court nor the decree
of a chancellor can be obligatory on the le
gislature. The grounds and juslic of such
judgmants and decrees are proper subjects
ol inquiry, and should be severely scrutiniz
ed, when appropriations are requested. On
general principles, a government cannot be
sued without its consent, and no execution
can be sued out against a sovereignty. Even
in cases where an act ot congress has provi
ded that a suit might be instituted against
the government of the United Stales, to set
tle a disputed claim, it has been held that
Congress was net bound by the judgmant of
ience or disability of the officers designated, the court, to make an appropriation to pay
We listened with much pleasure to a verv
interesting Discourse by the Rev. Samuel
Hurd, at the IVesoyterian Church, oh Sun
day last. We understand that he is about
to leave u?, to tike charge of a Church at
rlorence, Alabima.
lie will carry with
him the respect and kind wishes of his nu
?n ?nf 101,1 Pcerws demonstrated7 the extreme
tn and outot thcChuroh. , ifK,.n r , .L i i r..t
vi icuwcriiig oii me uoncis oi puo
and to give the salary to the person actually
discharging the duties ol the olrice. It is
also deserving of your consideration, wheth
er the Executive should not be clothed with
the power of'suspending such officers in cer
tain cases until the end of the next session
of the Legislature. Under existing laws the
public offices may be closed, the State funds
wasted or embezzled and no power can rem
ove the culprits until regularly impeached.
the claim. Each department of the rrov-
ernment is entitled to respect while acting
in its appropriate sphere. The cepresenta
lives oi tne people would -be , recreant to
their trust,rif : they permit tha judgment of
a court to-ntluence them in raising taxes
ana appropriating - tne . same. These sug
gestions have been called forth by a know!
edge of the fact that several suits for large
- , : .1 '
amounts ars now penaing in me superior
court r chancerv against the State. jrow
ing out of contracts in relation to the pubpc
should be taken away. The other duties of tho
Chancellor are greater than any pcraon can
possible perform, and Ihe business in his Court
is rapidly increasing. It is of the utmost impor- :
tance that the law authorizing the Auditor to
issue his warrant in favor of a Judgment Cred
itor of the State, be repealed, and that he be
prohibited, under suitable penalties, from issuing
a a . . .
a warrant in such cases unless the amount i -specially
appropriated by the Legislature. The
Judge of the contemplated Court can either be
appointed for a limited period by the Governor '
of the State, by and with the advice and consent :
or mav not have been a party. The change of the Senate, or elected by the two Houses on
of place of payment, of the interest does not,
however, increase in anv way the amouut
which the State of Mississippi would have
to furnish for the payment of her interest in
Nkw York, provided she would make provi
sion for the same at the lime the interest be-
joint ballot. There is nothing in the Constitu
tion requiring such an officer to bo elected by
the People, and I feel quite confident that they
do net desire the election of persons to fill offices
created by law.
The eleventh amendment to the Constitution
came due. It will be seen that the rate of P.f l.he United States, provides that "The Judi-
exchangeat which the dollars ore converted
into pounds: is the same as that at which the
pounds are converted mto dollars, in the ac
count furnished bv this bank. Ihe extra
charge in Baring, Brothers & Co1, account,
paid by this Bank, is fr commissions tor ad
vancing &c, and for intere.it on the monev
In pursuance to the requisitions of the act
supplementary to the charter ol the Mis
sissippi Uuion Bank, two thousand five hun
dred State Bonds, for the sum of two thou
sand dollars each, were executed in June.
1838, and delivered to the managers of the
Mississippi Union Bank. Twelve hundred
and fifty thousand dollars were made paya
ble in twelve years, and three million seven
hundred and fifty thousand dollars in twenty
years from the hlth day of February, 1838.
The Bonds were made payable in dollars,
current money of the United States, bearing
interest at the rale ot five per cent., per an
num, payable semi-annually at the place stip
ulated in the endorsement thereon. The in-
cial power of the United States shall not be
constructed toextend toany suit in lawor equity, ,
commenced or prosecuted against one of the
united states by citizens of another State.ox by "
citizens or subjects of any foreign State." h. '
no possible contingency can a suit against tho
Slate, be instituted in, or taken to any Court
of the United States, by a citizen of any State of
mis union, or by citizens or subjects of any
loreign &tate. i heTconsent of this Stale could
not give jurisdiction to any of the Federal Courts,
in suits against this State. The question has
long been settled, that the consent nf parties
cannot give jurisdiction to any Judicial Tribu
nal. 1 he Constitution has not clothed the Legis
lature wite the power of submitting claims against
the State to arbitration. If the Legislature
shall ever determine that the bonds delivered to
the Mississippi Union Bank in June 183, should
be paid, notwithstanding the illegality of the
sale their proper course will bo to pass a law
providing for their redemption as required If
the nin'h section of the seventh at tide of the- i
Lonstitutxon to suhmit and publish the same, tri
order that a succeeding Legislature may agree
to ani pass such law, or disagree to the same if
terest on those Bonds has not been paid di- they deem it unicise, unjust, inexpedient, or un
". I . rri - t tt I ...... .
iiuguiu pas i year, ine xuississippi union I wwinu tonai.
mnK oiii not te aoie hereafter to pay any
portion of the interest or principal of those
Bonds. 1 transmit herewith, numerous let
ters, from the holders of the bonks issued in
1841 and 1833, nnd sold by the Planters
Bank, aad from the holders of those issued in
1S38, and disposed of in August, IS3S. b
. I fk.W T T ii a a
In accordance with my request the Chan
cellor of thc&tate, has given me his view
as to the propriety of establishing a vice
Chancellors Court; and in regard to the cob-;-stitutionality
and expediency of the same
His letter is herewith transmitted and de-
r ,s j
1 X
serves your most favorable consideration.
the Mississippi Union Bank; also, a copy of have always concurred with the Chancel'
my letter to Messrs. Hope and Co., of Am
sterdam, Holland. A copy of that letter
was sent to each of the holders of the Mis
sissippi State Bonds, who had addressed me
on the subject of their respective claims. . I
I 1 . C . . i .
aave uereioiore communicated, to vour nre
j n.i. . .
accessersau ine documents in my possession
relative to those bonds and the terms of their
sale. I also avowed my belief that the State
is not bound for the redemption of the Bonds
issuea in lcwa. ,ine letter referred to, will
place you in full passession of the grounds nn
which 1 have deemed it mv dutv to advisp
the bond holders, that this. Slate never will
on the questions discussed in his lette
truly remarks that "That the bus
Chancery Court has increased ff'-
mg to an extent unparalleP'1
whilst the business of p-'
diminishing in an inv
now to be universal'
bors of one man w '
the discharge cX
State. It is a
the other bran
tributed out a
should be exp
business of the"
an srj
t." T
mce.s o
. iroper!
rusts, j
iroes, r
ery C
dares "
justice i
of a V
Dart of
with ju
, .. Vtits
-towed i
f Erro
Hoes no
,he Ch;
if the y
either l
be inte
iW de
I tr
' State'
The R
The J
" llecei
' receij
frare sj
, State
v fund
1 It
dry (
' , - Tl
i Si
' Tot
To t

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